Wills and Successions
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The firm consults on, prepares and executes wills, living wills, powers of attorney and related documents. We also represent anyone in need of opening a succession in Louisiana.
A will, living will and healthcare power of attorney are often critical to family and financial planning. Check out our reasons for making a will on our blog. Our attorneys offer a FREE half-hour consult if you are interested in learning more. Just email us at wills@cwbllc.com or call us at 225-372-8877 to set up an appointment. Client Reviews “I will definitely seek out their services for any future legal needs.” – Will Client “We used your firm for a rather complicated succession of my mother’s estate. Garrett was wonderful and easy to work with. Would always recommend your firm to friends.” - Succession Client “The people were friendly and very helpful.” – Will Client “Very satisfied and would highly recommend this firm.” – Will Client |
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In serving in the military as an active duty JAG for 12 years, Garrett Condon assisted over 1,000 service members, retirees, and spouses with their wills, powers of attorney, and estate planning. Garrett is still in the Air Force Reserves, serving as a Lieutenant Colonel. He provides annual Louisiana will drafting training for new JAGs at Barksdale Air Force Base. He has also twice been an instructor with the LSU Continuing Education Osher Lifelong Learning Institute (OLLI), teaching a course on Estate & Disability Planning.
Diane Burkhart retired as the Administrator of Legislative Services after serving the Louisiana State Senate for 28 years. Since retiring, she has focused her legal practice on end of life planning advice, to include drafting wills, living wills, and powers of attorney, as well as disability and assisted living insurance matters, all topics she has long addressed with family and friends. |
Wills
Having a will may be important for your family and financial planning. It provides direction and legal authority for who you want to inherit your property upon your death. It provides for who you wish to administer your estate and open your succession and, if you have minor children, if provides for who you want to be the guardian of your children.
If you were to die without a will as a Louisiana resident, state law has default inheritance rules. You can override these defaults with a will and give your property to who you want, with some limitations. The state default rules include:
While a will can generally direct who inherits from your estate, one of the major limitations of Louisiana law is forced heirship. The most common scenario of forced heir laws is that any child or children who are 23 years old or younger at your death automatically inherit a portion of your estate, even if you do not want them to and state as such in your will. Children of any age with certain disability and certain grandchildren can also qualify as forced heirs. This can have a substantial impact on your spouse's inheritance. Our firm can help navigate these laws with you and provide options in drafting your will in such a way as to minimize the effect of forced heir laws to the extent these laws conflict with your testamentary desires.
If you were to die without a will as a Louisiana resident, state law has default inheritance rules. You can override these defaults with a will and give your property to who you want, with some limitations. The state default rules include:
- If you leave a surviving spouse and one or more children, then all of your property goes to your children, not your spouse! However, your surviving spouse is granted a usufruct in your half of the community property that ends either when your spouse gets remarried or dies, whichever occurs first.
- If you leave a surviving spouse but you do not have any children or grandchildren, then all your separate property goes to your siblings and parents, not your spouse!
While a will can generally direct who inherits from your estate, one of the major limitations of Louisiana law is forced heirship. The most common scenario of forced heir laws is that any child or children who are 23 years old or younger at your death automatically inherit a portion of your estate, even if you do not want them to and state as such in your will. Children of any age with certain disability and certain grandchildren can also qualify as forced heirs. This can have a substantial impact on your spouse's inheritance. Our firm can help navigate these laws with you and provide options in drafting your will in such a way as to minimize the effect of forced heir laws to the extent these laws conflict with your testamentary desires.
Living Wills
A living will is also known as an advance medical directive. In the event of an illness or accident that renders you in a profound comatose state, your living will provides written instructions to your family and healthcare providers as to how you wish to be cared for. For the same reasons as obtaining life insurance, having a living will executed while you are well is critical as you cannot always predict an illness or accident.
Powers of Attorney for Healthcare Decisions
A power of attorney for healthcare decisions is a document that goes hand-in-hand with a living will. This power of attorney is a document that actually grants the legal authority to another person to make medical decisions for you, in the event you are incapable of making or communicating such decisions to your doctor. As living wills are only applicable in the event you are in a profound comatose state, a power of attorney for healthcare decisions is far wider reaching because it covers any situation where you are unable to make or communicate a decision.
In selecting a certain person to make these decisions, you not only exercise your judgment in who you think will best take care of you, but you also avoid any conflict if multiple people want to make the decision (spouse versus parent or one child versus a different child).
In selecting a certain person to make these decisions, you not only exercise your judgment in who you think will best take care of you, but you also avoid any conflict if multiple people want to make the decision (spouse versus parent or one child versus a different child).
