Louisiana Estate Planning & How Divorce Affects It

Divorce, remarriage, and other life events shape the Louisiana estate planning process. It would help to revisit your estate plan after such significant life events. Instead of attempting to master the intricacies of Louisiana estate planning law on your own, why not lean on our attorneys in West Monroe, LA for valuable assistance.

In Louisiana, an estate is the entirety of one’s property, ranging from real estate to businesses and personal possessions. The last will and testament are usually created to ensure your assets are distributed per your desires. However, there might also be a need to distribute assets after a divorce. 

Louisiana is somewhat unique in that it is a community property estate. Divorce impacts the estate plan along with that of your spouse, as specific assets will be split before the point when the plan is effective.

Estate Planning and Remarriage

Estate planning is also necessary before remarriage. In general, the assumption is that the divorcee wants to prevent the previous spouse from inheriting assets. A change to the estate plan will be necessary to prevent such from happening. And Niswanger Law in West Monroe, LA is here to ensure things work well. 

Meet with our estate planning attorney to update your estate plan and discuss your aims after remarriage. Louisiana law includes usufruct with the kids of the decedent becoming inheritors. The kids inherit an asset such as a house, and the spouse has the right to use that house until death. 

A divorce, along with the potential for remarriage and usufruct, can cause quite a legal quandary. The answer is to meet with our estate planning attorneys in West Monroe, LA to develop your customized estate plan. We will determine how your assets will be distributed to your kids, current spouse, and ex-spouses.

Protecting Assets in a Second Marriage

Financial security should be your primary concern if you are venturing into a second marriage. Remarriage has the potential to disrupt estate planning in unforeseen ways. For example, a beneficiary named in your will might remarry someone with financial problems. 

An inheritance that shifts from you to the beneficiary might be best protected in an asset protection trust. This prevents the inheritance left to the beneficiary from being tied to the spouse’s creditors or considered marital property in the event of divorce. 

Moreover, if a sibling is named as a legal guardian for a minor child and that sibling files for divorce, the court might have problems determining who is to receive real property. Don’t fret—Niswanger Law’s estate planning lawyers are here to prevent such an outcome. We can do so with an update or creation of your personalized estate plan, including specifications of guardianship decisions.

Schedule a Consultation With Niswanger Law

Divorce, remarriage, and estate planning laws in Louisiana are complex to the point that West Monroe residents need and deserve guidance from an experienced lawyer. Our estate planning attorneys are here to help with your divorce, second marriage, and other inheritance issues.

Schedule a consultation with Niswanger Law by dialing (318) 953-0071. Our office is located at 3820 Cypress Street, West Monroe, LA 71291.