Part 4 of 4: Your will. This is the last part. When you finish, press Send and your answers go to S² Law right away.
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Louisiana law treats spouses and children in special ways, so the details about your family shape your will.
In Louisiana, what married couples own is usually shared as “community property” unless they signed an agreement before or during the marriage. This affects what you can leave in your will.
Please list every child, including adopted children, stepchildren you raised, and any child who has died. Louisiana protects certain children in a will, so we need the full picture, even for children you are not close to.
Your will (Louisiana law calls it a “testament”) says who receives your property when you die and who is in charge of wrapping up your affairs. Without a will, Louisiana law decides for you, and the result is often not what people expect.
This person (or persons, as you should have backups) settles your estate after you die. When thinking about whom you might select, imagine your family six months after your funeral. Who will gather the paperwork, work with the lawyer, pay your final bills, and divide things fairly, while keeping the peace among your loved ones? Who will finish the job instead of letting it sit for years?
If you are married, Louisiana law often gives your surviving spouse the right to use and live in property (called a “usufruct”) for the rest of their life, even while your children own it. You can expand, limit, or change that in your will.
Louisiana is the only state that requires you to leave a portion of your estate to certain children: those under 24 years old, and those of any age who have a permanent condition that prevents them from caring for themselves or their property. We will explain how this applies to your family when we meet.
If you have children under 18, you can name the person who would raise them if both parents are gone. Louisiana calls this person a “tutor.” Imagine your children’s daily lives without you. Who would raise them with your values, keep them in touch with family, and be ready to take them in?
Think about the people and causes you want to take care of. You can leave specific items to specific people, and then leave everything else (“the rest”) to one or more people.
Most of what we own isn’t worth much on paper, but it means something to someone: a cast-iron skillet, a record collection, a favorite chair, a box of photos. A friend of the estate is a friend or family member who lives nearby and makes sure the personal belongings you haven’t left to a specific person go to friends and loved ones who would like a keepsake. This can be a big help if your family lives out of town or isn’t especially close, because it lets them focus on the funeral and burial instead of sorting through your home. Choose someone who knows your people and would be fair.
Your will must be signed in front of a notary and two witnesses. Your witnesses cannot be people who receive anything under your will. We can provide the notary and witnesses at our office or, if it’s easier, come to you.
Louisiana has special signing steps for people who can’t see, hear, read, or sign their name. Telling us now lets us prepare the right documents and bring the right people. A “yes” here will not stop you from making a will.
Once your documents are signed, plan to look at them again every few years, and after any marriage, divorce, birth, death, or move.
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