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 -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.
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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
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.
Should You Make Your Will Yourself Using Online Forms?
I was going to write an article about this after reading in the New York Times about the increasing popularity of online estate planning programs like the Suze Orman kit and Legal Zoom. But, another attorney has already done so, and very well, so I will direct you to her article instead.
According to Kirsten Izatt, an estate planning attorney in Illinois, "Estate planning is about more than creating a set of documents; it is about making the best legal decisions for your family. There is a world of difference. The do-it-yourself kits make it easy for you to create documents; they don’t help you make good legal decisions or provide you with a trusted legal advisor who can assist your family during one of the most difficult times in their life." See the entire article here. http://klizatt.typepad.com/weblog/2007/10/do-you-like-law.html
I totally agree with Kirsten. And for Louisiana residents, these online programs and software often create more problems than they solve. Most of the estate planning software and kits that are available do not comply with Louisiana law. As Stanley said in "A Streetcare Named Desire" - "Here in Louisiana we have what is known as the Napoleonic Code…" Our laws are diffrent. We have usufructs, forced heirship, collation and other concepts that simply don’t exist in the other fifty states.
Hiring an attorney for estate planning can be expensive. And you may not have $1500 to $2500 to spend on full service estate planning. For that reason, I have come up with a streamlined estate planning solution for families with simple estates. For more information on this new offering, click here.
Can I do my will myself?
The short answer is yes, you can. There are numerous websites, books and computer software out there designed to help you do just that. However, if you live in Louisiana, you must be extremely careful that the forms you use comply with Louisiana law. There are also will preparation services on line, such as www.legalzoom.com, that allow you to answer a questionnaire online and then they send you will forms in the mail ready for you to execute.
The more complicated question is whether or not using one of these kit is a good idea. If you have a very simple estate and are willing to spend some time reading and learning the nuts and bolts of estate planning, you can probably get a away with using a do-it-yourself kit. However, if your estate is large enough to trigger estate taxes, if you have children from prior and current marriages, own a closely held business, or have any children with special needs, you will benefit from the guidance and advice of a competent estate planning attorney.
Anna Nicole Smith’s Will, A Cautionary Tale
Recent events in the news regarding Anna Nicole Smith’s death reveal the perils of poor estate planning.
Anna Nicole had a will, but she hadn’t updated it since 2001. The will leaves everything to Daniel Wayne Smith, her son, in trust with Howard Stern as trustee. It also disinherits any future children or spouses.
The main problem is that her will does not state who gets the property if Daniel predeceased her. Therefore, the bequest to Daniel could lapse and the court would have to apply intestacy laws to determine who gets the property. The most likely heir is Danielynn, Nicole’s new baby. The courts will have to decide, and because of the size of the estate, there is likely to be a drawn out legal battle.
The problems with her estate plan are numerous:
- She leaves her assets to a child who died before she did, and does not provide for any contingent beneficiaries.
- She had a provision in her will expressly not leaving her assets to her new baby, Danielynn. Her will states "I have intentionally omitted to provide for my spouse and other heirs, including future spouses and children and other descendants now living and those hereafter born or adopted." It is hard to believe that she truly intended to disinherit Danielynn.
- She did not name a guardian for Danielynn.
- She did not update her plan for 5+ years, even after important life changing events, such as the birth of her second child.
- She left no memorial instructions and that is why there is a dispute over her burial going on in the courts right now.
Care to read her will yourself? Click here to download a copy of the will from CNN’s website.