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.
***********************************************************************************************************
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 -Â Â 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.
 *********************************************************************************************************
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
2009 Tax Changes that May Affect Your Estate Plan
The Estate Tax Exemption, the amount of money that you can pass to your heirs without triggering estate taxes, has increased from $2 Million to $3.5 Million. Current law provides for a total repeal of the estate tax in 2010, and then a return to the $1 Million exemption in 2011.  We don’t know how this will change over the coming years, but the expectation is that Obama’s administration will keep the exemption at $3.5 Million levels.Â
If your estate is less than $3.5 Million, you probably won’t have to worry about estate tax planning. If it is larger though, you should meet with an estate planning attorney to figure out your options for reducing your estate tax hit, which would tax any amounts over $3.5 Million at 45%.
The gift tax exclusion has increased this year to $13,000.00. You can now make annual gifts of up to $13,000 per recipient without incurring gift tax.
 If you haven’t had your estate plan reviewed in a few years, it may be a good time to set up an appointment with your attorney to go over your plan and discuss any changes that may be needed as tax laws change.Â
Annual Gift Tax Exclusion Rises to $13,000 for 2009
If you use tax-free annual gifts as part of your estate tax planning, please note that the maximum for 2009 annual gifts has increased from $12,000 per person per donee to $13,000 per person per donee. This increases the amount you can gift without incurring gift tax or having to file a gift tax return.
The Five Legal Documents Your Family Must Have, Regardless of Your Net Worth
Watch the following video from CNBC, where my fellow estate planning attorney Alexis Neely discusses the five legal documents every family needs, regardless of wealth.
http://www.youtube.com/watch?v=ky9SIT7eOJE
If you are a Louisiana resident, after you watch the video, visit www.EZWillForms.com to see how you can get these documents in place for your family. My online estate planning law firm is ready to assist you with wills, powers of attorney, guardian nominations, trusts, and all of the documents Alexis discussed in the clip.
How to Choose Between a Will or a Living Trust
Many people ask about this, and the answer is different for everyone. It depends on what is important to you and your family. I developed the attached chart to help you decide which might work best for you. Click on the link below for an at a glance view of the different effects of each type of estate plan.