Estate Planning Law Firm of Louisiana

In Their Own Words

“We were very pleased with the services Mr. Rabalais and his staff provided in our Estate Planning. Mr. Rabalais is very knowledgeable in Louisiana Tax and Estate Law and explained everything very clearly. We appreciated the efficiency of the staff and the process from the first visit to the last. Sending the documents to be read and corrected by email allowed us time to really study them and the corrections were complete prior to the last visit for signing. Thank you for the nice binder to keep everything organized in one place. We highly recommend you and your staff.”

 

-Randy and Debora Braswell

Greenwell Springs, LA

Don't Give Away Signed Originals Of Louisiana Power of Attorney

I spoke with a woman yesterday by telephone. Years ago, her husband had signed two Durable Powers of Attorney years ago authorizing his wife to act on his behalf. After signing the Powers of Attorney, her husband had a stroke. Over the last few years, the wife had given both signed original documents away. She was not sure who she gave them to because it was a while back, but she thinks she gave one to the IRS and one to a bank.

Now she needs to transact other business on her husband's behalf, but she does not have the documents to prove she has the authority.

Moral of the story? Never give away the only signed original of a Durable Power of Attorney. What may work better is to have an original recorded at the parish courthouse and have the clerk of court issue as many "certified copies" as you may need. Third parties, such as banks and title examiners, have the authority to rely on these certified copies, and you can get as many certified copies as you wish.

If you have questions about estate planning in Louisiana, feel free to send me an email at paul@rabalaislaw.com I look forward to hearing from you.

Paul Rabalais

Where Do You Store Your Estate Planning Documents?

We now live in a digital world. You receive your bank statements online. You pay your bills online. You monitor your investments online. And you shop online. But when you die or become incapacitated, someone better produce your original, signed estate planning documents. So, where do you store these important papers? In a safe deposit box? In a safe? In your home? In your attorney's office? Many people keep their important papers in their safe deposit box. But your executor may not be able to access the box after you die without a court order. If you use a safe deposit box, you better make sure you put someone you trust as having the authority to access the box after you die. Check with your bank or credit union to see what their procedures are. Another note: We had to re-do a number of estate plans after Hurricane Katrina flooded many New Orleans area banks. A safe in your home might be a better storage place for your estate planning documents. Again, make sure others that you trust know how to access your safe. When we complete an estate plan at our office, we electronically scan and store all of our client's estate planning documents. You keep the originals and we encourage you to keep those in a safe place. Where do you keep your important documents? Besides your legal documents, what other documents do you keep in a safe place?