When it comes to planning for the future, many people delay creating a will—often because they think it’s too early, too complicated, or just not necessary. But in Louisiana, the importance of having a legally valid will cannot be overstated.

As a Louisiana estate planning attorney, I help individuals and families make informed decisions about their future. Whether you’re starting a family, nearing retirement, or just trying to get organized, here’s what you need to know about wills—and what can happen if you pass away without one.

What Is a Will?

A will (also known as a last will and testament) is a legal document that outlines:

• How you want your assets distributed after your death

• Who will serve as your executor (the person handling your estate)

• Who will care for your minor children (if applicable)

• Specific gifts or donations to individuals or organizations

It gives you the power to decide what happens to your property and your loved ones.

Louisiana’s Unique Approach to Estates: Forced Heirship

Louisiana follows a civil law system—unlike the common law system used in most other states. One major difference is forced heirship.

Under forced heirship, certain descendants—typically children under 24 or adult children with permanent disabilities—are legally entitled to a portion of your estate, even if your will says otherwise. This makes estate planning in Louisiana more complex but also more critical.

What Happens If You Die Without a Will in Louisiana?

Dying without a will means your estate is considered intestate. Here’s what can happen:

1. The State Decides Who Gets What
   Louisiana’s intestate succession laws determine how your property is divided—often in ways you wouldn’t have chosen.

2. Delays and Expenses in Probate
   Without clear instructions, the probate process can be longer, more expensive, and more stressful for your family.

3. Unintended Beneficiaries
   If you’re unmarried but in a long-term relationship, your partner could receive nothing unless named in a will.

4. Custody Issues for Minor Children
   If you have children under 18 and no surviving co-parent, a judge—not you—will decide who raises them.

Why You Should Have a Will (Even If You Think You Don’t Need One)

Having a will ensures that:

• Your wishes are honored

• Your loved ones are protected

• You control how your estate is handled

• You avoid unnecessary legal complications

Even if your estate is modest, a simple will can go a long way in avoiding conflict, confusion, and court involvement.

How a Louisiana Estate Planning Attorney Can Help

Estate planning is never one-size-fits-all—especially in a state with unique laws like Louisiana. Working with a qualified attorney ensures:

• Your will is valid under Louisiana law

• You understand forced heirship and how it affects your plan

• You minimize tax burdens and legal headaches for your loved ones

At Christina Vaughan, Attorney at Law, I work with clients across Louisiana to create tailored estate plans that reflect their goals and family dynamics.

Final Thoughts

Creating a will isn’t just about distributing property—it’s about giving yourself and your loved ones peace of mind. Don’t leave your future to chance or the courts.

Ready to get started? Contact my office today to schedule a consultation and take the first step toward protecting what matters most.