The Rabalais Law Firm's La. Estates Blog

Handwritten Wills Permitted in Louisiana But Not Recommened

A friend of mine approached me last week. He said his mother was ill and they wanted to make sure that when his mother died, their home and other assets would go to his father. I told him if she did not have a Will, that her children would inherit naked ownership of their mother's community property interest in the assets, and their father would continue owning his half of the community property, while inheriting the usufruct of his mother's half until his death or remarriage.

He asked me, "Paul, what's the simplest thing we can do to make sure my father inherits everything my mother owns?"

I told my friend I'd be glad to prepare her Will and even bring it to her home where she could sign it in the presence of me (notary) and two witnesses. Then, I told him an alternative approach would be to have her make an olographic Will.

Practically speaking, she could sit down at the kitchen table with a pen and piece of paper and write in her own handwriting, "I, ___ ____ make this my last will and testament, revoking all others. I leave all of my property that I own at the time of my death to my husband ___________."

She will sign and date this in her handwriting, and ...THAT'S IT!  A valid olographic will.

Many states do not permit handwritten wills. They cause much more trouble than they are worth because lay people don't know how to properly document all of what needs to be in a Will such as:

• appointing independent executors;
• providing for predeceased heirs;
• waiving bond requirements for usufructuaries and executors;
• providing for forced heirship;
• including testamentary trusts;
• provisions which enable families to avoid estate tax;
• and much much much more.

Nonetheless, since our legislature continues to authorize handwritten wills, they will continue to be used. I don't recommend them though. It's likely that if you write your own will, you won't know the problems you created until it's too late and you may be rolling over in your grave.

If you need help with estate planning issues such as Will and Trust preparation, feel free to give my office a call (225) 329-2450 or send me an email at paul@rabalaislaw.com

Paul Rabalais

Medicaid Applicant May Own Vehicle

A while back I was asked by a family (whose mother was in the nursing home) whether the value of the vehicle mattered for Louisiana Medicaid Eligibility purposes.

I told them that the Louisiana Medicaid Eligibility Manual provides that one vehicle per household is exempt regardless of its value if anyone in the applicant/recipient's household uses it for transportation.

The rationale for this rule is that the family may need to take the Medicaid recipient to the doctor from time to time, thus Medicaid exempts a vehicle from its stringent asset test.

But you can't have a fleet of cars. The Manual provides that the exclusion provides only to the vehicle with the greater equity value - if more than one car is owned.

I've heard my colleagues use the term, "Medicaid Cadillac." from time to time. While it is generous that Medicaid exempts a vehicle regardless of its value, I would not attempt to abuse this provision. If too many people buy a Medicaid Cadillac or a Medicaid Mercedes (although you can probably get a good deal on one in this economy), Medicaid just might change the rules to limit the value that is exempt.

Paul Rabalais