Whether you are needing to draft a will, open a succession, or create a power of attorney or health care directive, the Law Office of Sean E. Williams is here to help. Sean is available to answer any questions you may have regarding your individual Estate Planning concerns.
If you do not create a valid will during your life, your property will devolve via intestacy. Louisiana has a community property regime. The division of your property will depend on whether it is separate or community property. As a general rule, community property is property you and your spouse acquired during your marriage and separate property is property you owned before you got married or property you inherited or was donated to you individually.
A Diluted Explanation:
Your separate property goes first to your descendants, your children or grandchildren. If you don’t have children or grandchildren, your separate property is distributed in this order:
- your parents and brothers and sisters and their descendants
- your surviving spouse
- other relatives
Your community property will go first to your children. However, your surviving spouse may have the right to use the property. If you don’t have any children, your spouse receives your community property.
If you want to make sure certain property goes to certain loved ones, it is in your best interest to have a valid notarial will drafted by an Attorney.
There are two types of Successions in Louisiana: Testate and Intestate.
Testate succession results from the will of the deceased, contained in a testament (a will) executed in a form prescribed by law.
Intestate succession results from provisions of law in favor of certain persons, in default of testate successors. In other words, there is no valid will.
Sometimes, there is even overlap. For example, if the deceased drafted a will many years ago but since that time had acquired additional property, that property may devolve via intestacy.
Power of Attorney
Powers of Attorney, along with Living Wills, are a critical part of the estate planning process. There are different options regarding powers of attorney. For example, you may want one family member to make medical decisions regarding your care if you should become incapacitated while you may want another family member who may have a math or finance background to handle the management of your estate. If you have questions regarding powers of attorney and estate planning, call the Law Office of Sean E. Williams today to schedule a consultation and learn your legal rights.
Health Care Directives and Living Wills
What Is A Living Will?
A Living Will is a legal document that spells out the types of medical treatments and life-sustaining measures you do and don’t want in the case of an incurable injury, disease or illness, or a continual profound comatose state with no reasonable chance of recovery, certified to be a terminal and irreversible condition. This may include mechanical breathing (respiration and ventilation), tube feeding, and resuscitation.
Should I Have A Living Will?
A Living Will is necessary if you know that you do not want certain extraordinary measures taken to sustain your life in the case of a terminal and irreversible medical condition. A Living Will shall be individually created to meet each client’s particular desires.
What Makes A Living Will Different From A Healthcare Power Of Attorney?
In this type of power of attorney, you will name a person who will have the authority to make healthcare related decisions for you if you are unable to communicate your health care wishes.