Skilled Legal And Financial Advice Related To Wills

As a Metairie estate planning and will attorney, R. Scott Buhrer has helped many clients effectively protect assets and make plans for future property distribution. His decades of experience allow him to evaluate each client’s situation and give straightforward and cost-efficient advice. His Master of Business Administration (MBA) degree uniquely qualifies him to skillfully and effectively address the often complex financial issues involved with wills and trusts.

Valid Wills In Louisiana

It is vital to have the assistance of a will attorney when drafting a will in Louisiana so that all of the requirements of a valid will are met. If any of these requirements are not fulfilled, the will may be found invalid and its provisions may not be followed. Just a few of the requirements that are generally required for a valid will include:

• Written: A valid will must be written. The best method for ensuring a valid will is to have it typewritten by a lawyer and sign it in front of a notary and two witnesses. A will may also be handwritten, but very strict formalities must be observed for a handwritten will to be valid.
• Dated: A valid will must be dated, whether it is typewritten or handwritten.
• Signature: The signature of the person making the will must appear at the end of the will and on each page thereof.
• Notary and witnesses: A typewritten will must be signed by a notary and two witnesses at its end. The presence of the notary and two witnesses is often critical in ensuring the validity of the form and establishing the intentions and competency of the person signing the will.

As a will attorney, Mr. Buhrer is able to help draft valid wills of all types. Whether working with a simple or exceptionally complex estate, he uses his in-depth understanding of the law to help clients ensure that what they want to happen with their property is what actually happens. He can also create a comprehensive estate plan to complement the will, including things such as appropriate trusts, a power of attorney and a living will or medical power of attorney.

Frequently Asked Questions About Wills

As an estate planning lawyer, Mr. Buhrer answers many questions about wills for his clients. Here are some common ones and their answers.

What happens to my assets/estate if I die without a will in Louisiana?

If you die without a will, your heirs will need to go through the intestate succession (probate) process. Intestate means without a will. The process is similar to succession with a will, but the court will determine who inherits based on Louisiana law. Your next of kin would generally inherit your estate after final bills and taxes have been paid.

What is the difference between a will and a trust?

To put it simply, a will is a set of instructions for how your property should be handed down when you die. A trust is a document that creates a new legal entity to hold your assets. Assets in a valid trust are owned by the trust, not you, individually, which means they do not go through the probate/succession process when you pass away. Instead, they are transferred seamlessly to the beneficiaries named in the trust document.

What is the difference between a will and a living will?

While a will is a set of instructions for the passing of property after you pass on, a living will is a set of instructions for what medical care you should receive in the event you become terminally ill and cannot speak for yourself. By contrast, a medical power of attorney grants the power to make end-of-life decisions to a trusted person.

What happens to my will if I move to a new state?

It depends on the state. In most states, out-of-state wills are valid as long as they meet the technical requirements of the new state. For example, your out-of-state will would generally be valid in Louisiana as long as it is written, dated, signed, witnessed by two people and notarized. If you move out of state, you should have your estate plan thoroughly reviewed to ensure it meets the requirements of your new state.

Is there a way to prevent my will from being contested?

Possibly. You can include a no-contest clause in your will, although there is no guarantee it will be upheld by a court. These clauses, which reduce or eliminate the inheritance of the person contesting the will, can prevent many succession disputes. Depending on your individual situation and goals, there may be other strategies that could be effective, as well.

Contact A New Orleans Will Attorney Today

To arrange an initial consultation, contact the Buhrer Law Firm online or by calling 504-541-6997 or 800-636-0784. The law firm is conveniently located near Lakeside Mall and has plentiful street-level parking.