Partner at Charbonnet Law Firm LLC
Practice Areas: Personal Injury Claims
Estate planning isn’t only for the wealthy. It’s about protecting what matters most—your home, savings, and the people you love. Whether you’re a parent, a homeowner, or someone who wants their wishes respected, creating an estate plan ensures your voice is heard, even when you’re no longer able to speak for yourself.
When music legend Prince passed away in 2016 without a will, his $150 million estate was caught in a lengthy legal battle. With no clear plan in place, the court decided how everything from his music rights to cash and property—was divided.
That situation could have been avoided with a few legal documents in place. For families in Louisiana, especially in New Orleans, estate planning offers more than peace of mind it provides protection, clarity, and control.
A will and an estate plan serve different purposes. A will directs who inherits your property and names guardians for children, but it doesn’t cover everything.
An estate plan goes further it may include a will, powers of attorney, healthcare directives, and trusts. It outlines how your affairs are managed during your life and after death. In Louisiana, this broader planning is essential due to the state’s unique succession laws.
A comprehensive estate plan can include not just a will, but also powers of attorney, healthcare directives, and trusts to manage assets during your lifetime and after.
Estate planning gives you control over how your assets are handled. Without it, your estate could go through probate, a court process that can delay access to your assets and open the door to family disputes.
By naming beneficiaries, setting up trusts, and using legal tools that match your situation, you can:
If you’re concerned about taxes, estate planning can help reduce or eliminate some of the burden through brilliant structuring.
In Louisiana, dying without a will means the state’s succession laws will decide who inherits your assets. This may not reflect your actual wishes.
Louisiana’s estate laws include a unique concept called usufruct, which lets someone—often a surviving spouse—use or benefit from property without owning it.
Think of it like enjoying the fruit of a tree without owning the tree itself. When the usufruct ends, typically after death or remarriage, full ownership passes to the heirs (called naked owners).
Under Louisiana law, a usufruct gives someone the right to use and benefit from property owned by another—typically a surviving spouse—while preserving ownership rights for heirs. — Louisiana Civil Code, Article 535
Usufructs are especially useful in blended families. They allow a spouse to remain in the home while ensuring that the money later goes to children from a previous marriage.
If you’re a parent, estate planning is one of the most important things you can do. It’s not just about money—it’s about protecting your children’s future.
You can:
Estate planning is not just for those with large estates. It’s about making decisions while you’re able—so your family doesn’t have to later.
Without these plans in place, the court may decide who raises your kids or handles your medical choices—regardless of your intentions.
Probation can be a costly and time-consuming process. It involves court oversight to validate a will, pay debts, and distribute assets. Fortunately, you can reduce or avoid probate through estate planning.
Some standard tools include:
These tools allow assets to pass directly to your chosen heirs without going through probate.
Probate in Louisiana can take several months to over a year, especially if there are disputes or no clear estate documents in place.
|
Tool |
Purpose |
When It Applies |
| Will | Directs how your property is distributed after death | After death |
| Revocable Living Trust | Avoids probate; manages assets during life and death | During life and after death |
| Power of Attorney | Allows someone to manage your finances | During incapacity |
| Healthcare Directive | Names someone to make medical decisions | During incapacity |
| Usufruct (Louisiana Only) | Gives rights to use property without owning it | Often after death, for surviving spouse |
| Guardianship Designation | Names caretakers for your minor children | Upon parent’s death or incapacity |
Beyond just protecting your money or home, estate planning helps you leave behind a legacy.
That might include:
Without a clear plan, family conflicts can arise—especially if heirs don’t agree on how assets should be divided. Planning now helps avoid confusion and preserves relationships later.
A comprehensive estate plan ensures your loved ones are cared for, and your intentions are clear, avoiding unnecessary stress during difficult times.
Your estate will be handled according to Louisiana’s intestate succession laws. The court decides who inherits, which may not align with your wishes.
A usufruct gives someone, usually a spouse, the right to use a property or income from it without owning it. Ownership transfers later to the named heirs.
Yes. A will is just one part of a full estate plan. You also need tools for incapacity, like powers of attorney and healthcare directives.
Indeed, assets can be transferred directly to beneficiaries without going through probate court through the use of living trusts, payable-on-death accounts, and other instruments.
No. Adults of all ages can benefit—especially parents, homeowners, or anyone with specific wishes for their future care and asset distribution.
Estate planning gives you the chance to decide what happens to your property and your loved ones—on your terms. Whether you’re thinking about your children’s future, protecting a home, or passing down a legacy, having the right plan makes all the difference. For families in New Orleans and across Louisiana, this process is even more critical given the state’s unique laws.
Charbonnet Law Firm, LLC understands these Louisiana-specific needs and helps individuals and families create estate plans that reflect their values. Whether you need a simple will or a more detailed strategy, their team is here to help you plan wisely for the future.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
