The Importance of Wills for Married Couples Explained:

Making a will can be a challenging procedure for a lot of people.  It is undoubtedly difficult for anyone to consider their own impending death and deciding who will receive what is frequently difficult as well.  Working with a spouse to draft their will, however, can be even more challenging than drafting your own.

Creating an estate plan with your spouse is a crucial aspect of your life together, regardless of how long you have been married.  But how should you go about doing it, and what aspects should you take into account?

Louisiana Civ. Code art. 1570, et seq. governs the rules relating to dispositions made by will.

What are Mirror Wills?

You and your spouse may sign separate wills if you are married.  This eliminates any possibility of uncertainty or confusion in the event that something were to happen to one of you.  Making mirror wills is a common choice for many married couples.  Mirror wills are near identical in which both spouses usually leave their estate to the other, and then to designated beneficiaries once both pass.

What is a Joint Will?

A joint will is another less common choice for married couples.  This is a married couple’s single, combined final will and testament.  A joint will cannot be altered without both spouses’ consent.  This implies that the surviving spouse cannot alter the will following the death of one spouse.  Many states, including Louisiana, do not recognize joint wills.  Thus, you will need to crate separate legally binding wills if you live in or plan to move to Louisiana.

Important Considerations for Married Couples Creating Wills:

Appointing a Guardian for Minor Children:

Couples should decide on and designate in your wills a tutor, or guardian, for any minor children you and your spouse have.  In most cases, the surviving parent would keep custody if one of you died.  However, your guardian would be responsible for your children if you both died at the same time.  One of the most effective things you can do with your will is name a guardian, which guarantees that someone you know and trust will look after your kids.

Community Property in Wills:

Any assets or property that either spouse acquires during a marriage is referred to as “community property.”  Even if only one spouse obtained community property, the law views it as jointly held and equally shared.

Community property rules shouldn’t be a problem if you have mirror wills and intend to leave your spouse all of your possessions.  However, you should be aware of the community property laws in your state if you wish to leave a sizable amount of your fortune to someone other than your spouse.

In Louisiana, each spouse is free to give their half of the community to whoever they like, but not all assets can be easily divided.  A common clause in Louisiana is to utilize a spousal usufruct, which allows a spouse to leave “naked ownership” of their property to someone else while allowing their surviving spouse to maintain use and possession of the property until they also pass.

Force Heirship in Louisiana:

Parents in Louisiana are not always able to deny their children inheritance.  Regardless of what the will states, some children, known as forced heirs, are assured a share of their parents’ estate.  The term “legitime” refers to this protected area.

Families in Louisiana are frequently surprised by forced heirship.  Many people believe they can leave their estates however they want, only to find out that the law imposes constraints on how they can bequeath their possessions.  Conflicts can be reduced by using strategies like trusts, usufructs for surviving spouses, and meticulous will drafting.

Blended Families:

It’s critical to comprehend how the law views your familial relationships if you come from a blended household.  Legally, your adopted or biological children are your children.  This implies that when you pass away, they have a claim to a portion of your estate.  Conversely, stepchildren are not entitled to the same inheritance rights.  Stepchildren are not legally entitled to a piece of your property because they are not your children.  You can designate them as beneficiaries if you wish to include them in your will.

If you die without a will, or intestate, your property is divided in accordance with the intestacy laws of Louisiana.  Beneficiaries from intestacy laws are generally your spouse, children, siblings, and parents.  Your stepchildren will inherit nothing from your separate property or your half of the community.

Blended families can be a beautiful thing, and many stepparents treat their stepchildren as if they were their own.  When it comes to estate planning, though, the law makes a strong distinction.  You must name your stepchildren as beneficiaries in your will if you want them to inherit a portion of your estate after you pass away.

Louisiana Mirror Wills Attorneys:

We are a Gretna law firm that has served the New Orleans area since 1980.  Our experienced last will and testament lawyers are well versed at all aspects of estate planning and can help you and your spouse prepare mirror wills that ensure your final wishes get carried out properly.  We take pride in offering a personal and trusted experience.  Call us today for a free consultation and find out why so many of our clients come back to us.