04/15/2026
Why You Should Have A Will
There are many good reasons for having a Last Will and Testament. Unfortunately, some people skip the will-making process because it calls for making decisions. They never experience the peace of mind that comes from knowing and directing who will receive their estates.
When you die without a will, Louisiana, like most states, provides a statutory distribution scheme of how your property is to be distributed. Even if you are happy with the way the state will distribute your property, there are other reasons for having a will.
1. If you have children the Louisiana laws generally provide that your property will pass to your children if you do not have a will. Generally, you need a will if you want to pass property to your spouse or to others besides your children.
2. If you have young children you may want to consider the use of a testamentary trust in a will that says property left to the children can be managed for the children’s benefit until they reach a certain age.
3. The Internal Revenue Code exempts a certain amount of your property from federal estate taxes. If your estate exceeds the exempted amount, then consider a will to at least defer federal estate taxes through the use of the unlimited marital deduction if you are married.
4. A will can be used to appoint an executor who will be responsible for gathering the assets of your estate, paying debts, paying taxes and otherwise distributing the assets of the estate to your successors.
5. A will can be used for the appointment of a guardian for your minor children.
6. A will can be utilized to make charitable bequests to perpetuate the gift-giving you have done during your lifetime.
7. A will can be utilized to equalize gifts to children. During your lifetime, some children may have received more gifts than other.
8. A will can be used to disinherit a child.
9. A will can be utilized to provide bequests to grandchildren, taking advantage of the generation skipping transfer tax exemption.
10. A will can be utilized to provide for contingencies that allow for estate planning after your death.
The time invested in developing a will can make a real difference to your family and the organizations you can about. Don’t wait. If you don’t have a will, begin planning for one. If you have a will, make sure it reflects your current wishes.