Estate Lawyer | Planning with Seale & Ross

When it comes to planning for the future, many people put off thinking about their estate—whether due to uncertainty, procrastination, or simply not realizing its importance. However, without a proper estate plan in place, the state of Louisiana has one for you—and it’s rarely the best fit for your family’s needs. That’s why working with an attorney experienced in estate law is one of the most important steps you can take to protect your loved ones and your assets.

If you don’t have a Last Will and Testament, Louisiana law determines who inherits your estate. While this might seem convenient, the default rules often lead to complicated and unintended outcomes, especially for modern, blended families.

For example, separate property in Louisiana automatically goes to the deceased person’s children. Community property (assets acquired during marriage) is split—children receive ownership rights while the surviving spouse only has a usufruct, which means they can use the property but do not own it. Worse, the usufruct ends if the surviving spouse remarries or passes away, and the heirs may even require them to post security to ensure the property remains intact.

Without careful planning, these rules can create family conflicts, financial uncertainty, and unnecessary stress for your loved ones.

Estate planning is about taking control of your assets and ensuring they are distributed according to your wishes—not just what the state decides. A well-crafted estate plan protects your family, minimizes disputes, and provides peace of mind.

No one can predict the future, but you can prepare for it. What happens if you become incapacitated? An estate lawyer can help set up essential legal documents to ensure your affairs are managed according to your wishes.

A Power of Attorney allows you to appoint someone you trust to oversee your financial and legal matters if you are unable to do so. A Medical Power of Attorney ensures your healthcare decisions are made by someone who understands and respects your preferences. A Revocable or Living Trust enables a designated trustee to manage your assets smoothly in case of incapacity. These documents help prevent unnecessary court intervention and ensure a trusted individual is ready to step in when needed.

A Last Will and Testament is the foundation of any estate plan. It allows you to determine who will inherit your assets, appoint an executor to carry out your wishes, and establish trusts for minor children or loved ones who may need financial guidance. Business owners can also use estate planning tools to ensure a smooth transition of their business to the next generation. For some individuals, a revocable or living trust may be a better option, offering greater flexibility and allowing assets to bypass the probate process. This is particularly beneficial for those who value privacy, efficiency, and control over how their estate is managed.

Even though Louisiana no longer has an inheritance tax, federal estate taxes still apply in certain situations. A carefully drafted will or revocable trust can help defer estate taxes by using the marital deduction, implement tax-saving strategies to preserve wealth, and ensure your beneficiaries receive the maximum possible inheritance. Estate lawyers have a variety of tools available to minimize tax burdens while ensuring full legal compliance, helping you protect and pass on your assets as efficiently as possible.