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ArkBengal
LSU Fan
Benton, AR
Member since Aug 2004
1573 posts

Question on wills for attorneys
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 ?


Dat Boi Bruce
LSU Fan
15th Judicial District
Member since Mar 2020
615 posts

re: Question on wills for attorneys
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.


LSUJD_04
LSU Fan
Member since Feb 2021
1357 posts
 Online 

re: Question on wills for attorneys
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 at 12:40 pm


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30
CaptainsWafer
USA Fan
TD Platinum Member
Member since Feb 2006
54787 posts
 Online 

re: Question on wills for attorneys
quote:

But if we move back to Louisiana at some point


I would consult with an attorney in LA when you move.


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60
Gravitiger
LSU Fan
Member since Jun 2011
7062 posts

re: Question on wills for attorneys
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 at 12:42 pm


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FlyingTiger1955
LSU Fan
Member since Jan 2019
2624 posts

re: Question on wills for attorneys
Do you have any children under 23 or mentally or physically handicapped? If yes you may need to make some changes.


TheOcean
Army Fan
#honeyfriedchicken
Member since Aug 2004
40679 posts
 Online 

re: Question on wills for attorneys
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


Klondikekajun
LSU Fan
Member since Jun 2020
309 posts
 Online 

re: Question on wills for attorneys
Why 23? Is 18 not the age of consent? What am I missing?


biglego
LSU Fan
Ask your mom where I been
Member since Nov 2007
65633 posts

re: Question on wills for attorneys
quote:

But if we move back to Louisiana

Then you’d be deemed mentally incompetent anyway


MintBerry Crunch
LSU Fan
Member since Nov 2010
3484 posts

re: Question on wills for attorneys
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


Demshoes
LSU Fan
Up in here
Member since Aug 2015
6971 posts

re: Question on wills for attorneys
quote:

Question on wills for attorneys


Wills for attorneys are the same as for lay people.


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30
geauxpurple
LSU Fan
New Orleans
Member since Jul 2014
6738 posts
 Online 

re: Question on wills for attorneys
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.


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32
TigerDeacon
Wake Forest Fan
West Monroe, LA
Member since Sep 2003
27507 posts
 Online 

re: Question on wills for attorneys
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”.


ArkBengal
LSU Fan
Benton, AR
Member since Aug 2004
1573 posts

re: Question on wills for attorneys
No minor children

Ocean, what do you usually recommend? Seen some arguments for trusts possibly. Financial assets are either joint or beneficiary designated.


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FlyingTiger1955
LSU Fan
Member since Jan 2019
2624 posts

re: Question on wills for attorneys
It's in the succession law.


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Homesick Tiger
LSU Fan
Greenbrier, AR
Member since Nov 2006
51276 posts

re: Question on wills for attorneys
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.


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geauxpurple
LSU Fan
New Orleans
Member since Jul 2014
6738 posts
 Online 

re: Question on wills for attorneys
quote:

be wary of attorneys that sell products
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.


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20
dinosaur
LSU Fan
Louisiana
Member since Aug 2007
988 posts

re: Question on wills for attorneys
Absolutely. One of the things that really gets to me. Taking advantage of people who trust you.


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ArkBengal
LSU Fan
Benton, AR
Member since Aug 2004
1573 posts

re: Question on wills for attorneys
Lol - you may have a point


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