Founding Attorney
You may be wondering if a will is something you really need. If you don’t have much property or think your family will “just figure it out,” it might seem unnecessary. However, in Louisiana, not having a will can lead to confusion, delays, and outcomes that you never intended. A will isn’t just for the wealthy—it’s for anyone who wants a say in what happens to their belongings, loved ones, and legacy. In this blog, we’ll explain why making a will matters more than you might think.
What Happens If You Don’t Have a Will in Louisiana?
When someone dies without a will in Louisiana, their estate is handled under the state’s intestate succession laws. That means the government decides who inherits your property, and it may not be who you would’ve chosen.
Here’s how it typically works:
- If you’re married with kids, your share of the community property goes to your children, not your spouse (with your spouse having the right to use the property during their lifetime). Your children would inherit your separate property.
- If you don’t have children, your siblings or parents could inherit before your spouse.
- Unmarried partners, close friends, and stepchildren usually receive nothing.
Louisiana also has a unique concept called forced heirship. If you have children under 24 or children of any age with permanent disabilities, they’re legally entitled to part of your estate, even if you wanted to leave everything to someone else. Without a will, this can get complicated quickly.
In short, relying on default laws takes the decision out of your hands and can lead to outcomes you never intended.
Top Reasons to Have a Will
A will gives you control, direction, and peace of mind. It’s not just about passing down money—it’s about making thoughtful decisions for your family and yourself. Here are some of the top reasons to have one:
- Avoid family disputes: A clear will can reduce confusion and prevent arguments.
- Protect children: You can name a tutor (Louisiana’s term for a guardian) to raise your minor children if something happens to you.
- Include loved ones who would be left out: A will lets you provide for people not covered under intestate law, like a long-time partner or stepchildren.
- Choose your executor: You get to name someone you trust to handle your affairs, instead of leaving it up to a judge.
- Control sentimental items: You can decide who receives specific heirlooms or property that matters to you.
Even a basic will can make a significant difference. Without one, families often face delays, court battles, or confusion. With one, you’re giving your loved ones clarity during a difficult time.
Why Louisiana’s Legal System Is Different
Louisiana is the only state that uses a civil law system, which treats property differently from the rest of the country. That means the rules around inheritance, community property, and separate property can be confusing.
For example, community property generally refers to what you and your spouse acquired together during the marriage. Separate property is what you owned before the marriage or received through inheritance. Without a will, the state decides how that property is divided.
Creating a will lets you work around some of these rules. You can make choices that better reflect your relationships and wishes, especially if you’re in a blended family, remarried, or have children from different relationships.
How We Can Help You Create a Will That Works
At Kallio Law Firm, LLC, we take the time to understand your life, your family, and your goals. We’ll walk you through each step and explain your options in plain English. Whether your situation is straightforward or more complex, we’ll help you create a will that truly fits.
We also look beyond just the will. If needed, we can talk about medical and financial mandates (Louisiana’s versions of powers of attorney), living wills, or even setting up a trust to protect loved ones with special needs. You don’t have to figure this out alone—we’re here to guide you through it.
Make Your Wishes Known
Creating a will is one of the simplest ways to protect the people and things that matter most to you. It puts you in charge and gives your loved ones the clarity they’ll need. If you’re ready to take that step, we’re ready to help. Contact Kallio Law Firm, LLC today to get started with a will that works for your life and Louisiana’s unique laws.
