At Buhrer Law Firm, we work with individuals and families in Metairie to create wills that are clear, enforceable, and tailored to their goals. Whether you are planning for the first time or updating an existing document, we help you put instructions in place that reflect your priorities and can be carried out as intended.
Why Work With Buhrer Law Firm?
R. Scott Buhrer brings more than 35 years of estate planning experience to clients in Metairie, with a focus on creating wills that are clear, enforceable, and aligned with each client’s goals.
- A JD and MBA background applied to estates involving businesses, real estate, and complex financial assets
- AV Preeminent rating from Martindale-Hubbell, reflecting the highest level of peer review
- Appointment as a Special Master in complex legal proceedings
- Individualized advice tailored to each client’s circumstances
- Clear explanations of Louisiana-specific rules, including forced heirship and community property
What Decisions Can You Make With a Will?
A will gives you the ability to make specific decisions about your estate.
You can:
- Decide who receives your assets
- Name the person who will handle your estate during succession
- Designate a guardian for minor children
- Direct how specific property should be distributed
- Provide structure for how and when assets are passed on
These decisions give your family direction and reduce the likelihood of confusion or disputes during succession.
What Happens If You Do Not Have a Will in Louisiana?
If you do not have a will, your estate is distributed under Louisiana’s intestate succession laws. That means the state, not you, decides who inherits and how your property is handled.
This process follows a fixed legal structure that may not reflect your preferences. For example, in a marriage with children:
- Your spouse may not receive full ownership of community property
- Children may inherit ownership interests in that property
- Your spouse may instead receive usufruct, meaning the right to use and benefit from the property without owning it outright, often lasting until remarriage or death.
Unmarried partners, friends, and charitable causes generally receive nothing under intestate law.
Creating a will allows you to override many of these default rules and set clear instructions for how your assets should be distributed.
What Makes a Will Legally Valid in Louisiana?
Louisiana law sets specific requirements for a will to be enforceable. If those requirements are not followed, the will may be challenged or set aside during succession.
Most wills are prepared as notarial wills, which must meet the following requirements:
- Be in writing
- Be signed at the end
- Be executed in the presence of a notary and two witnesses
Louisiana also recognizes handwritten wills, known as holographic wills, but they must be entirely written, dated, and signed by the person creating the will (the testator). These documents are more likely to raise questions during succession if the formalities are not clearly met.
Careful drafting and proper execution help ensure your will can be carried out as intended.
How Louisiana Law Can Affect Your Will
Louisiana’s rules can directly shape how your estate is handled, even when a will exists.
Forced heirship
Certain children, including those under 24 or those who cannot care for themselves, may be entitled to a portion of your estate. A will must account for this requirement.
Community property
Property acquired during marriage is generally considered community property, meaning both spouses have ownership interests. If you want a spouse to receive full ownership rather than a limited interest, that needs to be addressed clearly.
Usufruct
A surviving spouse may receive the right to use property without owning it outright. Whether that arrangement fits your goals depends on your situation.
We draft wills with these factors in mind so your instructions align with Louisiana law.
When Should You Update Your Will?
A will should reflect your current circumstances. Updates are often needed after:
- Marriage or divorce
- Birth or adoption of a child
- Significant changes in assets
- Relocation to or from Louisiana
Regular reviews help ensure your will remains accurate and enforceable.
How a Will Fits Into a Larger Estate Plan
A will is one part of a broader estate plan.
Some assets, such as life insurance or retirement accounts, pass outside of a will based on beneficiary designations. Other tools may also be used alongside a will, including:
In some situations, a trust may allow assets to transfer outside of succession and provide ongoing management. We look at your full financial picture and recommend a structure that fits your goals.
Talk With Our Metairie Wills Attorney
The decisions you make now will shape how your assets are handled and how your family moves forward. A properly drafted will gives you control over that process and reduces uncertainty later.
At Buhrer Law Firm, we help individuals and families in Metairie create wills that reflect their goals and comply with Louisiana law. Contact us to get started.
Frequently Asked Questions
Does a will avoid succession in Louisiana?
No. A will guides the succession process but does not eliminate it.
Can I name someone outside of Louisiana as executor?
Yes. Non-residents can serve as a succession representative in Louisiana, though the court may impose additional requirements, such as posting a bond.
What happens if my will does not meet Louisiana requirements?
The court may find it invalid, and your estate could be distributed under intestate law instead.
How long does it take to create a will?
It depends on the complexity of your estate, but many wills can be completed within a few weeks once decisions are made.