Metairie Wills and Trusts Attorney

Estate planning provides you with the opportunity to decide how your property will be distributed and to ensure that your family is protected upon your death. Without a will or trust when you die, you have no control over the distribution of your assets. Many people attempt to draft wills, including online wills, without legal assistance, but these wills are often invalidated and the last wishes expressed by them ignored for failure to adhere to State-mandated formalities. At Samantha Weidner, Attorney and Counselor at Law, LLC, we assist people living in and around Metairie, Kenner, New Orleans, Gretna and Mandeville, Louisiana, with estate planning matters including wills, trusts and the probate process. We understand the formalities involved in drafting estate documents and will direct you through the process, ensuring that all important details are covered.

 

Wills / Testaments - Without a will or last testament, the property of a Louisiana decedent devolves by a process called intestacy. Intestate successions have a priority order of distribution of assets in which degree of relation to the decedent and sometimes age of decedent's children are determinative in who inherits and how much they inherit. Most importantly, Louisiana is the only State with forced heirship laws, oftentimes making it confusing and difficult to grasp for people unfamiliar with the intricacies of Louisiana law.

Forced Heirship which requires that parents of children under the age of 24, or who are permanently mentally or physically incapacitated, to leave them a certain portion of the parent's estate. The portion of the estate to be left to forced heirs, or the legitime, is dependent upon the number of forced heirs. Our office is well-versed in the rules surrounding forced heirship, including the legitime, collation, disinherison, and impingements.

Trusts - With a testament, Louisiana residents may only leave property to individuals who are living or are conceived at the time of death and later born alive. In addition, under a testament, a testator may only dispose of their property once, without having the ability to dictate future transfers of their property. Trusts are a way to circumvent this rule, providing for classes of future generations, naming beneficiaries like great grandchildren who are not yet conceived, or alternate beneficiaries should the primary beneficiary be unable to inherit. Trusts can also be used to protect a beneficiary from mismanagement of their legacy or to provide future benefits to children. Common forms of trust are:

  • Charitable

  • Spendthrift

  • Irrevocable

  • Children’s

  • Special Needs

Notarization - In Louisiana, you have the option to execute your last testament by authentic act. A notary public and two witnesses are present at the time of the signing of your will. This testament, if done properly, is self-proving in court and does not require a witness or authentication. This self-proving aspect gives your heirs a special advantage over parties who might challenge your will. Many Notary Publics and lawyers will not notarize documents that they did not prepare. At Samantha Weidner, Attorney & Counselor at Law, LLC, we understand that many people cannot afford to pay an attorney or notary public to prepare a will, but believe that those individuals deserve the same benefit of a Notarial testament regardless of their means. Our Notary Publics are available to authenticate your will for a low fee.

Call us today at 504-592-7272 to set up a consultation to discuss your estate planning needs.