Virtually every adult needs a Will, regardless of age, marital status, or health. A Will is a written
document that:
- Outlines how you wish to distribute your tangible personal property, real property, and other wealth.
- Designates an administrator who is responsible for amassing and preserving your assets, paying creditors and taxes, and distributing the remaining property among your beneficiaries.
- Appoints guardians for minor children.
Often a Will creates trusts for the benefit of a surviving spouse or children to support them during
their lifetime or, in the case of minors, until they are of age.
If you die without a Will ("intestate"), the courts will take control of your estate and distribute
your assets according to state laws. This method of distribution is designed in a general fashion and
may not achieve your objectives. For instance, your assets may not go to the individuals or charities
you would have selected, and you will not be able to select a guardian for any minor children or the
administrator of your estate. Also, your estate will not have the benefit of tax planning to minimize
the effect of federal and state inheritance taxes.
Louisiana law provides that a Will which is entirely handwritten, or an "olographic will," can be
valid. However, in order to assure that your Will meets all legal requirements and that your wishes
are stated appropriately and comply with Louisiana law, it is a good idea to consult with an attorney.
Your attorney can assist in the writing of a Will that meets all legal requirements and does not cause
your heirs to pay unnecessary taxes.
Your Will is effective until you change or revoke it. You may alter your Will by executing a new one
or by adding a codicil, which is done in the same manner as a Will. By writing on the original
document itself, you may invalidate the entire Will.