The Louisiana Intestate Will

Note - The following is not a legal document, it is an illustration of how your property will be distributed under Louisiana law if you die without a will.

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Louisiana Intestate Will

Article 1 - I direct the probate court to appoint anyone of its choosing, to be my succession representative and administer all property owned by me on the date of my death.   I further direct that a succession proceeding be opened and that a detailed inventory of all of the property I own be filed in the court records.

Article 2- I direct that all my debts be paid, including taxes, probate fees, administrative fees, and attorney fees.

Article 3 - If I am married and my spouse survives me, I give him or her a usufruct over my half of my community property.  This means my spouse will have the use of the property, and any income from the property, until she dies or remarries.   This also means my children will be the naked owners of all the community property and my spouse will need their approval to sell, dispose or mortgage the community home.

Article 4 - All of my property, including any separate property I own at the time of my death, will go to my children, subject to the usufruct granted to my spouse over my community property in Article 3.  If any of my children are minors, the court can appoint a person of their choice to act as tutor until the child reaches age 18.  At that time, my child will receive his or her share outright regardless of his or her financial or emotional maturity.

Article 5- If any of my children do not survive me, then I direct that his or her share will got to his or her grandchildren, in equal shares.  If any of these grandchildren are minors, the court can choose someone to act as tutor until the child reaches age 18.  At that time, the child will receive his or her share outright regardless of his or her financial or emotional maturity.

Article 6 - If my spouse does not survive me then all of my property will go to my children under Articles 4 and 5.

Article 7 -  If my spouse and descendants all die before me, then my property will go to my brothers and sisters, subject to a usufruct in favor of my parents.

Article 8 - If the Probate Court cannot find any living relatives, then my court can give my property to the State of Louisiana.

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Note:  THIS IS NOT A LEGAL DOCUMENT.  IT IS A SUMMARY OF SOME OF LOUISIANA’S INTESTACY LAWS.  DO NOT ATTEMPT TO USE THIS FORM AS A WILL FOR LEGAL PURPOSES.  IF YOU NEED A LOUISIANA WILL, VISIT WWW.LOUISIANAWILLFORMS.COM

 

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Helpful Forms for Executors and Succession Representatives Available Online - FREE

When a loved one dies, there are numerous details that need to be handled.  These include things like cancelling subscriptions, notifying insurance companies, and notices to creditors.  Although handling a succession in Louisiana is probably not something you want to undertake without legal assistance, you can save money on legal fees by handling some of these administrative matters yourself.  My virtual law website, www.Louisianawillforms.com, offers the following estate administration forms at no charge:

1. Cancelling of deceased subscriptions
2. Notice to creditors of death
3. Notice of Homeowner’s insurance company of death
4. Notice to stop social security payments after death
5. Request for Death Certificate
6. Request for Life Insurance Claim Forms
7. Request for Life Insurance Proceeds

The online website allows you to prepare these forms online quickly and easily, and legal advice is an email away.  If you need help with a Louisiana succession, and are trying to minimize costs by handling some of the leg work yourself, visit www.LouisianaWillForms.com today for more information.

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When a Loved One Dies in Louisiana - What To Expect

The death of a loved one can be a very difficult and emotional time.  I have developed this information to provide you (and other survivors) with some idea of what normally must be done to administer an estate in Louisiana after a loved one has passed away.  Please note that although this list is intended to give you an understanding of the estate administration process, it is not a substitute for competent legal advice.

Immediate Concerns. (Immediate concerns typically relate to arranging Funeral or Memorial Services and determining the immediate needs of the survivors.)

• Arrange for care of minors or family members who are unable to care for themselves

• Arrange for Funeral and/or Memorial Services

• Arrange for care of pets or farm animals

• Determine the immediate needs of survivors such as cash needs

• Stop the mail, newspapers and other deliveries as appropriate

•  Locate and provide safekeeping for business and personal assets

• Locate and provide safekeeping for documents and records

Starting the Probate or Succession Proceeding.  (Probate is the legal name of the process of transferring property – the “estate” – from a person who has passed away to the beneficiaries named in his or her Will.  Succession is the legal term used for this process if the person who passed away did not leave a will.)

• Locate any Wills and/or Trusts (if any)
• Select an attorney to represent the estate
• Collect names, addresses and phone numbers of the beneficiaries and immediate family
• Collect asset and debt information

 The Legal Process of an Estate Administration.  (After you have selected an attorney, he or she will handle any necessary legal filings with the Court and as such much of the following list will be done by, or at the direction of, the attorney 

• Obtain Affidavits of Death and Heirship

• Prepare and file the Petition for Probate or Open Succession

• Determine the need for Ancillary Probate (for out of state property)

• Prepare and file an Descriptive List of Estate Assets

• Determine the Need for Inheritance Tax or Federal Estate Tax Returns

• Obtain Judgment of Possession

• Distribute Assets

Typical Executor or Administrator Duties.  (The main duties of an Executor or Administrator include the collection of assets, the payment of debts and expenses, and other miscellaneous duties.  An Executor or Administrator should be careful regarding the payment of expenses as certain expenses are considered priority expenses which should be paid first.  This is especially important if there are not enough assets to pay for all of the administration expenses and debts.)  For more information on how to handle a succession proceeding in Louisiana, download our free information guide.

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Handling a Succession, What Every Executor Needs To Know

If you find yourself faced with the challege of handling a succession for a loved one, my free information guide, "Handling a Succession, What Every Executor Needs To Know" should give you most of the information you need to get started.  To download your copy, visit www.myrnaearroyo.com/successions. 

The guide common questions executors have such as:

• What information you will need to gather before you meet with an attorney
• How to save thousands in legal fees by gathering most of the information yourself
• When does a succession have to be filed?
• What is the Louisiana Inheritance Tax, and does it apply?
• How long a succession proceeding typically takes
• Questions you should ask your succession attorney before retaining him or her to represent you

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