DIY Wills Can Lead To More Harm Than Good
When Helen was diagnosed with Alzheimer’s, she made sure that her three children knew that her will was in a fireproof box in her closet like her attorney instructed. She and her husband hand wrote their wills years earlier after a friend told them that handwritten wills are legally enforceable in Louisiana and offer a way to save time and money. Her husband’s will worked perfectly when he passed away five years before.
When Helen passed away, her children sat down to read her will, and they discovered that it only said “I leave my house to Dan, my oldest child.” Helen wanted Dan to have her house because he was her only child that still lived in the area and expressed an interest in keeping the house. She thought that her will would leave other property to her two other children, even though it was not expressly written that way.
DIY Wills Can Miss Important Assets
Helen’s DIY will did not mention her bank accounts, her husband’s hunting camp that she inherited upon his death, or rural property she inherited from her parents. Dan’s two other siblings were hurt, assuming their mother meant to leave them nothing, and Dan was confused. What happens to all of Helen’s property that is not mentioned in her will?
Louisiana law does allow handwritten wills, known as olographic wills. However, handwritten wills often do not comply with Louisiana laws about how pages should be dated and how the testator (the person making the will) should sign. These wills can forget to include the proper language to revoke a person’s prior wills, which can cause the court to find the handwritten will invalid. The person creating a handwritten will often forgets to list some of their assets, which creates confusion between the heirs.
Court Processes Still May Not Validate A Handwritten DIY Will
Dan tried to probate Helen’s handwritten DIY will, but his siblings, feeling angry and upset, both fought to prove it was invalid. After a long court process, the judge declared that Helen’s DIY will had no legal effect because she did not sign or date the will anywhere on the document. Helen never had will in the eyes of the court, and the rules of intestacy (dying without a will) now applied to her estate. Intestacy rules divide property between descendants equally. The wishes of the person that passed away are ignored when intestacy applies.
Eventually, all of Helen’s property was divided between her three children. The siblings sold Helen’s house because they could not reach an agreement over who should live in it. The court battle between the siblings destroyed the loving relationship they once shared. Litigation over a parent’s estate often divides siblings and families over petty arguments. Creating an estate plan with an attorney is one of the best ways that a parent can prevent fights between their children later.
Many of people find themselves in Helen’s situation. A trusted person tells you that handwritten DIY wills are always enforceable in Louisiana and much easier and cheaper to complete than visiting an attorney. However, in addition to issues of improper execution like in Helen’s case, olographic wills often ignore forced heirship, mislabel community property, or fail to provide for long-term care or incapacity concerns. Any of these issues are likely to result in the will being challenged or not working as intended. It’s only after you are gone that the cracks beneath the surface become visible and your family has to deal with the problems left behind.
Estate Planning Protects Your Assets
Estate planning attorneys ensure your will is legally binding, accurately reflects your wishes, and works for your and your family’s futures. It is more than a document that distributes your assets at your death. It protects your family relationships, provides clarity and direction to your loved ones, and – written correctly – prevents avoidable legal issues. Consulting a Louisiana estate planning attorney may cost more upfront, but it can save your family significant money, time, and heartache in the long run.
Contact Legacy Estate & Elder Law to learn how our attorneys can support your estate planning needs.
The information provided is not intended to be legal or tax advice and does not constitute any attorney/client relationship. You should consult with an attorney for individual advice regarding your own situation.
Ms. Melancon is an attorney with Legacy Estate & Elder Law of Louisiana, LLC with offices in Baton Rouge, New Orleans and Lake Charles, LA. The primary focus of her practice is estate planning, probate, special needs planning, and elder law. For more information or to attend an upcoming estate planning seminar, call her office at (225) 744-0027.
