Louisiana Estate Planning Basics

Written By: David F. Gremillion, J.D. LLM (Tax)

What Does a Basic Estate Plan Look Like in Louisiana and Why Is It Necessary?

Most people assume estate planning is only for the wealthy or elderly.  In reality, every adult can benefit from having a basic estate plan in place- even those adult children away at college. Whether you own a home, have children, run a business, or simply want your final wishes respected, estate planning provides clarity and protection for the people you care about most.

What happens if you don’t have a plan in place? Louisiana law decides what happens to your property, who handles your estate and, in some cases, even who may care for your minor children.  A properly executed estate plan gives you control over everything you’ve spent years building instead of leaving these important decisions up to the courts.

What Documents are Needed for a Basic Estate Plan?

A basic estate plan is designed to work during your lifetime, in situations of disability or incapacity and after death.  While each person’s needs are different, most Louisiana estate plans include the following documents:

Last Will
A will allows you to direct who should inherit your property and belongings after your death.  You can also name an executor- the person who will handle the succession (probate) process and carrying out your wishes.

A Will is especially important for those with minor children, as it allows you to appoint a guardian for your children if something unexpected happens.

There are specific legal requirements that must be met for a will to be valid. Louisiana follows a unique civil law system, so it’s important that your will be carefully prepared to comply with these state laws.

Power of Attorney
A power of attorney (POA) lets you grant another person to act on your behalf.  POAs can handle financial or legal matters on your behalf if you become incapacitated. This document can help avoid unnecessary delays due to court proceedings should you become unable to manage your own affairs due to illness, injury or other issues. Without a POA in place, the courts would need to appoint someone to have the legal authority to act for you.  This can cause much stress and potential conflict when it involves taking care of bills, managing bank accounts or real estate, accessing financial records, etc.

Living Will (Healthcare Declaration)

This document allows you to outline your wishes regarding medical treatment and end-of-life care, such as whether to receive life-sustaining procedures.  It becomes effective when you are alive but unable to make these decisions. 

Having a Living Will ensures your wishes are respected and provides guidance to your loved ones and healthcare team, which lowers stress and potential conflict.  These moments can be highly emotional, making decision-making difficult. 

Why Estate Planning Matters

Estate planning is about more than distributing assets after death, it’s about preserving the legacy you’ve built throughout your lifetime and reducing the burden on those closet to you. For many families, preventing conflict is worth more than any possession. 

·         Louisiana’s succession laws may not match your wishes.

·         Help reduce family conflict.

·         Protects minor children.

·         Prepares for incapacity.

When Should You Create Your Estate Plan?

Now, before a crisis occurs. Under Louisiana law, a person must have the mental capacity to execute estate planning documents.  Waiting until after a serious illness, diagnosis, or family emergency can increase the likelihood that your wishes may later be challenged in court. Claims involving diminished capacity, undue influence, or emotional distress often arise when planning is delayed.

Don’t Leave Important Decisions to Chance

In Louisiana, estate planning is essential to protect your assets and your loved ones.  It honors your intentions, avoids costly court decisions, and provides peace for you now and in the future for those you leave behind.  An estate plan does not have to be complicated, but it should be carefully tailored to your situation and prepared in accordance with Louisiana law requirements.