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Question on wills for attorneys
Posted on 7/31/21 at 12:36 pm
Posted on 7/31/21 at 12:36 pm
Wife and I are going to get wills done up here in Arkansas. But if we move back to Louisiana at some point would those be legal or would we need to have them redone in Louisiana due to any differences in laws ?
10
Posted on 7/31/21 at 12:38 pm to ArkBengal
As long as they're in proper form under LA law, you're all good. Proper form for written testament in LA is olographic or notarial.
Olographic is one entirely written, signed, and dated in the hand of the testator (decedent).
Notarial is one that is written, dated, and signed by the testator at the end of the document and on each page in the presence of a notary and two witnesses.
Olographic is one entirely written, signed, and dated in the hand of the testator (decedent).
Notarial is one that is written, dated, and signed by the testator at the end of the document and on each page in the presence of a notary and two witnesses.
Posted on 7/31/21 at 12:39 pm to ArkBengal
I would absolutely amend your will. Better safe than sorry and it won’t cost much at all.
This post was edited on 7/31/21 at 12:40 pm
Posted on 7/31/21 at 12:40 pm to ArkBengal
quote:
But if we move back to Louisiana at some point
I would consult with an attorney in LA when you move.
Posted on 7/31/21 at 12:41 pm to ArkBengal
It would probably be valid, but best practice would be to redo it. Should be fairly cheap to just give the AR ones to a LA attorney to be redrawn with the same terms.
This post was edited on 7/31/21 at 12:42 pm
Posted on 7/31/21 at 12:41 pm to ArkBengal
Do you have any children under 23 or mentally or physically handicapped? If yes you may need to make some changes.
Posted on 7/31/21 at 12:41 pm to ArkBengal
Estate planner here. Will is the poorest form of estate planning and just makes us a lot of money after you die in a lot of states
Posted on 7/31/21 at 2:49 pm to FlyingTiger1955
Why 23? Is 18 not the age of consent? What am I missing?
Posted on 7/31/21 at 3:18 pm to ArkBengal
quote:
But if we move back to Louisiana
Then you’d be deemed mentally incompetent anyway
Posted on 7/31/21 at 3:54 pm to Dat Boi Bruce
If drafted in another state it’s valid if it is valid in that state.
If it purports to be a Louisiana will, thenit needs to be oligraphic or notarial
If it purports to be a Louisiana will, thenit needs to be oligraphic or notarial
Posted on 7/31/21 at 6:25 pm to ArkBengal
quote:
Question on wills for attorneys
Wills for attorneys are the same as for lay people.
Posted on 7/31/21 at 6:30 pm to MintBerry Crunch
If you move back to La. and buy a house here, have a will done in La. If a La. succession has to be opened (which it would if you own property here) the La. court will accept the Ark. will, but only after it has been probated in Ark. An ancillary probate would have to be done. This would be a lot of extra trouble and expense because it would require 2 lawyers and 2 sets of court proceedings instead of one. The Ark. will would work, but it would be much easier to have a La. will.
To the question above about the 23 as opposed to 18 age question, this has to do with forced heirship in La. Children under 23 at the time of the death are forced heirs and are entitled ti a % of the estate regardless of what the will says.
To the question above about the 23 as opposed to 18 age question, this has to do with forced heirship in La. Children under 23 at the time of the death are forced heirs and are entitled ti a % of the estate regardless of what the will says.
Posted on 7/31/21 at 6:56 pm to ArkBengal
quote:
Wife and I are going to get wills done up here in Arkansas. But if we move back to Louisiana at some point would those be legal or would we need to have them redone in Louisiana due to any differences in laws ?
My legal advice: Don’t take legal advice from a message board.
Also, be wary of attorneys that sell a product that costs you money now but “will save you money when you die”.
Posted on 7/31/21 at 10:09 pm to TheOcean
No minor children
Ocean, what do you usually recommend? Seen some arguments for trusts possibly. Financial assets are either joint or beneficiary designated.
Ocean, what do you usually recommend? Seen some arguments for trusts possibly. Financial assets are either joint or beneficiary designated.
Posted on 8/1/21 at 11:04 am to Klondikekajun
It's in the succession law.
Posted on 8/1/21 at 11:55 am to ArkBengal
Wife and I came across the same thing when we did our wills here also. We were told that there in some things in La. that don't correlate with Ark. law. As someone mentioned, you'd probably be better off getting a La. will if you move there to remove any doubt.
Posted on 8/1/21 at 12:03 pm to TigerDeacon
quote:That includes trusts. Although they do serve a purpose, trusts are unnecessary in most cases. People get sold trusts as a way to avoid probate. In most simple estates it is cheaper and less complicated to go through probate than it is to set up a trust and transfer property to and from it.
be wary of attorneys that sell products
Posted on 8/1/21 at 12:44 pm to TigerDeacon
Absolutely. One of the things that really gets to me. Taking advantage of people who trust you.
Posted on 8/1/21 at 1:42 pm to biglego
Lol - you may have a point
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