111 N. Causeway Blvd., Mandeville, Louisiana, 70448
Practice Areas : Estate Planning
5035 Bluebonnet Boulevard, Suite B, Baton Rouge, Louisiana, 70809
Practice Areas : Business Law
18405 E Petroleum Drive Ste C, Baton Rouge, Louisiana, 70809
Practice Areas : Elder Law
41601 Veterans Avenue, Hammond, Louisiana, 70403
Practice Areas : Business Law
1929 Second Street Suite A, Slidell, Louisiana, 70458
Practice Areas : Domestic Violence
1795 W. Causeway Approach, Mandeville, Louisiana, 70471
Practice Areas : Business Law
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Estate planning attorneys put in place the documents that decide what happens to your property, your minor children and your medical care: wills, revocable and irrevocable trusts, powers of attorney, health care directives, beneficiary designations and business succession plans.
The point of the work is largely to keep your family out of court later. A will still goes through probate; a properly funded trust usually does not. Powers of attorney and health care directives matter while you are alive, and are the documents families most often wish they had.
Before you hire
- Ask what a complete plan costs as a package. Many estate planning attorneys quote flat fees for a will-based or trust-based plan, and hourly only for unusual work.
- Ask specifically about funding a trust. A trust that was drafted but never had assets transferred into it does nothing.
- Federal estate tax affects very large estates only, but several states impose their own estate or inheritance tax at much lower thresholds. Check whether yours is one of them.
- Review the plan after a marriage, divorce, birth, death, business sale or move to another state.
See also probate and elder law for what happens after death and for long-term-care planning.
Estate Planning: frequently asked questions
Do you need a lawyer to make a will?
No. In every US state an adult of sound mind can write a valid will without a lawyer, as long as it meets the state's signing and witnessing rules. But a lawyer is worth it when you have children from different relationships, a business, real estate in several states, a family member with special needs, or a sizable estate.
What happens if you die without a will?
If you die without a will, you die “intestate,” and your state's intestacy laws decide who inherits your probate property — usually your spouse and children first, then parents, siblings and more distant relatives. A court appoints an administrator, a judge picks guardians for minor children, and unmarried partners, stepchildren and friends usually get nothing.
What is a durable power of attorney?
A durable power of attorney is a power of attorney that stays in effect if the person who signed it becomes mentally incapacitated. It lets a chosen agent manage finances and legal affairs during illness or dementia without a court guardianship. It must be signed while the person still has capacity, and it ends at death.
What is a living trust?
A living trust is a legal arrangement you create during your lifetime to hold your property. You usually serve as your own trustee and keep full control; at your death, or if you become incapacitated, a successor trustee you chose takes over and manages or distributes the property without going through probate.
What is a living will?
A living will is a written statement of your wishes about medical treatment at the end of life — for example, whether you want life support, a ventilator, tube feeding or CPR if you are terminally ill or permanently unconscious and cannot speak for yourself. It is a type of advance directive and has nothing to do with property.
What is a power of attorney?
A power of attorney is a legal document in which one person (the principal) gives another person (the agent, or attorney-in-fact) authority to act on their behalf — for example, to manage bank accounts, sign contracts, handle taxes or make health care decisions. It can be broad or limited, and it ends at the principal's death.
What is estate planning law?
Estate planning law covers the legal tools people use to decide who receives their property at death and who makes decisions for them if they become incapacitated. It includes wills, trusts, beneficiary designations, powers of attorney, health care directives and guardianship nominations for children, along with the tax and probate rules that affect them.
What is the difference between a revocable and an irrevocable trust?
A revocable trust can be changed or canceled by its creator at any time, and its assets are still treated as the creator's for taxes and creditors. An irrevocable trust generally cannot be changed once signed; the creator gives up control, but the assets can be removed from their taxable estate and shielded from some creditors and Medicaid.