Legal Question in Wills and Trusts in Louisiana

Re: Legal Will in Louisiana

Dear LawGuru Friend,

I suggest you do an Olographic will, legal in Louisiana. All you have to do is write it in your own handwriting, date it and sign it. The law says it must be completely written, dated and signed by the hand of the testator (or testatrix, if a woman). Just express it in your own words how you want your estate to be handled once you are deceased. Make sure the date is clear and unambiguous. For example, don't write the date such as 12/11/04, for it would not be clear whether you made it on December 11, 04 or November 12, 04. Write it thusly: December 12, 2004, for whatever date you write it, date it and sign it. Of course, there are forms for wills, but they must be in proper form and must be notarized and witnessed. An olographic will needs neither to be notarized nor witnessed. That won't add a thing to it. Just do it in your own handwriting, sign it and date it; and make it clear in your written document (olographic will) that the document you write is indeed your Last Will and Testament. Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Re: Legal Will in Louisiana

I have read Mr. Parkerson's answer and he absolutely, legally correct. That being said I do not reccomend writing an olographic will. In the past Louisiana courts have been as technically demanding in the interpretation of these wills as they have been with all other wills. Plainly said, the smallest technical error can invalidate your will.

I also would discourage using any "will kits" sold in stores or online. Because Louisiana property laws are different from the laws in the other states, there is too much risk of error.

My reccomendation, shop around. You are in the New Orleans area (the only information I have is your zip code). There are many lawyers in the metro area who would write a will for much less than you think.