Inheritance battles can create new conflicts, inflame long-standing resentments and squander assets intended to make heir’s lives better. What can families do to prevent estate battles when a loved one’s intentions aren’t accepted is the question asked by the recent article, “Warning Signs Of Estate Disputes—And Ways to Avoid Them,” from mondaq.com.

Here are the more common scenarios leading to family estate battles:

• Siblings who are always fighting over something
• Second or third marriages
• Disparate treatment of children, whether real or perceived
• Mental illness or additional issues
• Isolation or estrangement
• Economic hardship

There are steps to take to minimize, if not eliminate the likelihood of estate battles. The most important is to have an estate plan in place, including all the necessary documents to clearly indicate your wishes. You may want to include a letter of intent, which is not a legally enforceable document. However, it can support the wishes expressed in estate planning documents.

Update the Estate Plan. Does your estate plan still achieve the desired outcome? This is especially important if the family has experienced big changes to finances or relationships. An estate plan from ten years ago may not reflect current circumstances.

Make Distributions Now. For some families, giving with “warm hands” is a gratifying experience and can remove wealth from the estate to avoid battles as everything’s already been given away. The pleasure of seeing families enjoy the fruits of your labor is not to be underestimated, like a granddaughter who is able to buy a home of her own or an entrepreneurial loved one getting help in a business venture.  However, make sure that if you make distributions now, it comports with an effective income tax strategy.  You don’t want to give heirs a big capital gains tax bill with the “gift”.  There may be a better way to distribute appreciated assets with built-in capital gains.

Appoint a Non-Family Member as a Trustee. Warring factions within a family are not likely to resolve things on their own, especially when cash is at stake. Appointing a family member as a trustee could cause them to become a lightning rod for all of the family’s tensions. Without the confidence of beneficiaries, accusations of self-dealing or an innocent mistake could lead to litigation. Removing the emotions by having a non-family member serve as a professional trustee can lessen suspicion and decrease the chances of legal disputes.

Communicate, with a facilitator, if necessary. Families with a history of disputes often do better when a professional is involved. Depending on the severity of the dynamics, this could range from annual meetings with an estate planning attorney to explain how the estate plan works and have discussions about the parent’s wishes to monthly meetings with a family counselor.

A No-Contest Clause. For some families, a no-contest clause in the will can head off any issues from the start. If people are especially litigious, however, this may not be enough to stop them from pursuing a case. An experienced estate planning attorney will be able to recommend the use of this provision, based on knowing the family and how much wealth is involved.

Addressing the problem now. The biggest mistake is to sweep the issue under the proverbial rug and “let them fight over it when I’m gone.” A better legacy is to address the problem of the family squabbles and know you’ve done the right thing.

Efforts to bring families together and prepare for the future will allow parents, children and grandchildren to enjoy their remaining time together.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “Can You Prevent Family Fights over Inheritance?” read also these additional articles: Top Five Estate Planning Mistakes and What Do You Need to Do When a Spouse Dies? and What If Estate Is Beneficiary of an IRA? and Will Making a Gift Conflict with Medicaid?

Reference: mondaq.com (Nov. 4, 2022) “Warning Signs Of Estate Disputes—And Ways to Avoid Them”

A last will and testament is the document used to direct your executor to distribute assets and property according to your wishes. However, it’s not uncommon for disgruntled or distant family members or others to dispute the validity of the will. A recent article titled “5 Reasons A Law Will May Be Contested” from Vents Magazine explains the top five factors to keep in mind when preparing your will.  The five factors are discussed below, but read more to find THREE MORE that apply specifically to Louisiana.

#1: Undue influence is a commonly invoked reason for a challenge. If a potential beneficiary can prove the person making the will (the testator) was influenced by another person to make decisions they would not have otherwise made, a will challenge could be brought to court. Undue influence means the testator’s decision was significantly affected by a person who stood to gain something by the outcome of the will and made a concerted effort to change the testator’s mind.

Even if there was no evidence of fraud, any suspicion of the testator’s being influenced is enough for a court to accept a case. If you think someone unduly influenced a loved one, especially if they suffer from any mental frailties or dementia, you may have cause to bring a case.

#2: Fraud or Forgery.  Outright fraud or forgery is another reason for the will to be contested. If there have been many erasures or signature styles appear different from one document to another, there may have been fraud. An estate planning attorney should examine documents to evaluate whether there is enough cause for suspicion to challenge the will.

#3: Improper witnesses. The testator is required to sign the will with witnesses present. In some states, only one witness is required. In most states, two witnesses must be present to sign the will in front of the testator. A beneficiary may not be a witness to the signing of the will. Some states have changed laws to allow for remote signings in response to COVID. If the rules have not been followed, the will may be invalid.

#4: Mistaken identity seems farfetched. However, it is a common occurrence, especially when someone has a common name or more than one person in the family has the same name, and the document has not been properly signed or witnessed. This could create confusion and make the document vulnerable to a challenge. An experienced estate planning attorney will know how to prepare documents to withstand any challenges.

#5: Incapacity.  Capacity in the law means someone is able to understand the concept of a will and contents of the document they are signing, along with the identities of the people to whom they are leaving their assets. The person doesn’t need to have perfect mental health, so people with mild cognitive impairments, such as depression or anxiety, may make and sign a will. A medical opinion may be needed, if there might be any doubt as to whether a person had testamentary capacity when the will is signed.

The three factors that apply to Louisiana, and which very often come up because of reliance on unqualified Notaries or even attorneys that don’t understand Louisiana law pertaining to estate planning is as follows:

#6: Lack of an Attestation Clause.  Louisiana has some of the most stringent form requirements for a statutury will out of the 50 states.  Louisiana law provides that if your will does not have the “magic language” or an “attestation clause” your will is invalid.  The purpose and the words of the “attestation clause” are meant to reflect that when you signed your will you orally declared to the witnesses that you were signing your last will and testament, and the witnesses listended to you make this declaration.  Without an attestation clause

#7: Lack of a Signature on Each Page of the Will.  For your will to qualify as a statutory will in Louisiana you have to sign each page of the will.  Many states don’t have this requirement, and this (along with the “attestation clause” discussed above) is a major reason to avoid do-it-yourself form wills online.  And in addition to the “attestation clause” noted above, your will msut also be signed by two witnesses and notarized by a Notary Public.

#8: Forced Heirship.  Louisiana’s forced heirship law remains in place.  By default, a forced heir is any child under the age of 24.  But a forced heir can also be any other child over the age of 24 if that child (1) suffers from an inherited disease or medical affliction that renders the child incapable of caring for himself or his affairs; or (2) has a medical condition that could, in the future, potentially render the child incapable of caring for himself or his affairs.  If you disinherit a forced heir, this could trigger a will challenge if you don’t have your will drafted properly.

A will contest can be time-consuming and expensive, so keep these issues in mind, especially if the family includes some litigious individuals.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “Shocking! 8 Things That Can Spark a Will Contest” read also these additional articles: SCOTUS Rules States Can Recoup a Larger Share of Injury Settlements and Three Estate Planning Options for Your Art Collection and What Common Mistakes are Made with Living Trusts? and How Do I Maximize My IRA?

Reference: Vents Magazine (May 6, 2022) “5 Reasons A Law Will May Be Contested”

Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan.  This was the subject of an article last year from the Elizabethtown, Kentucky News-Enterprise entitled “Estate Planning Must Account for Estranged Children”

Depending on the level of estrangement and the reasons for the estrangement, the following are the main approaches for treating a child differently in your estate plan:

• Outright disinheritance. If you really do not want your child to receive anything from you, you can fully disinherit the child. To be safe, even if you are leaving a child nothing, you should specifically mention the child in the will and state that you are disinheriting him or her; failing to do so could make it easier for him or her to challenge the will. (You also need to specify whether you are disinheriting that child’s children, too.)  To avoid a will challenge or a forced heirship challenge, it is usually best to state the reasons why the child is being disinherited.

Disinheriting a child comes with a risk: He or she may contest the will in court, which can cost your estate time and money.  There are steps you can take to try preventing a will contest, including making sure your will is properly executed, writing a letter to the estranged child to explain your reasoning, and removing any appearance of undue influence. Keep in mind, however, that nothing is foolproof.  Also, even if you take all steps necessary to avoid a will challenge, the child can still claim to be a forced heir under Louisiana law.  Forced heirship is not gone forever as many think.  There are particular circumstances that might subject your estate to a forced heirship claim, and there are defenses, both stated in the Louisiana Civil Code (under “disinherison”) as well as other asset protection strategies you can take to avoid a forced heirship claim.  If you are disinherting a child (partially or fully), and you think your child might challenge the will or make a claim as a forced heir, you should speak with me to avoid estate litigation after your death.  

• Smaller inheritance. If you don’t want to disinherit your child entirely or wish to make it less likely the estranged child will contest the will, you may want to leave them an inheritance that is smaller than the amount you leave to other beneficiaries. Leaving a child a reduced inheritance may prevent him or her from contesting the will, especially if you include a no-contest clause (also called an “in terrorem clause”) in the will. A no-contest clause provides that if an heir challenges the will and loses, then he or she will get nothing. You must leave the heir enough so that a challenge is not worth the risk of losing the inheritance.
• Put the inheritance in a trust. If the reason you do not want to leave your child an inheritance is because you are worried about how they will use the money (for example, if the child is addicted to substances, is financially irresponsible, or may have creditor issues), you can leave the child’s inheritance in a testamentary trust. You can provide instructions to the trustee on when and how the trustee should disburse the funds in the trust. For example, you can instruct the trustee to disburse the money in small increments or only if the child meets certain conditions, like staying drug- or alcohol-free or working a full-time job.

Figuring out how to treat an estranged child in your estate plan is complicated and emotional. As Leo Tolstoy wrote in Anna Karenina, “Happy families are all alike; every unhappy family is unhappy in its own way.” Talk to your attorney to determine the best strategy for you.

BOOK A CALL with me, Ted Vicknair, Board Certified Estate Planning and Administration Specialist, Board Certified Tax Law Specialist, and CPA to learn more about estate planning, incapacity planning, and asset protection.

If you liked this article, “How to Deal with an Estranged Child in Your Estate Plan” read also these additional articles: Should a Reverse Mortgage Be Used for Long-Term Care? and Did Actor Ray Liotta Have an Estate Plan? and What Is Congress Doing to Guarantee a COLA Increase for Vets? and How Do I Store Estate Planning Documents?

When it comes to drafting a will and other estate planning documents, note that you probably should revisit them many times before they actually are needed, advises, CNBC’s recent article entitled “Be sure to keep your will or estate plan updated. Here are 3 key reasons why.”

You should give these end-of-life legal papers a review at least every few years, unless there are reasons to do it more often. Things like marriage, divorce, birth or adoption of a child should necessitate a review. Coming into a lot of money (i.e., inheritance, lottery win, etc.) or moving to another state where estate laws differ from the one where your will was drawn up, mean that you should review your plan with an experienced estate planning attorney.

About 46% of U.S. adults have a will, according to a 2021 Gallup poll. If you are among those who have a will or full-blown estate plan, here are some things to review and why.

Even though your will is all about you, there are other people you need to rely on to carry out your wishes. This makes it important to review who you have named to be executor. He or she must liquidate accounts, ensure your assets go to the proper beneficiaries, pay any debts not discharged (i.e., taxes owed), and sell your home. You should also be sure that the guardian you have named to care for your children is still the person you would want in that position.

As part of estate planning, you may create other documents related to end-of-life issues, such as powers of attorney. The person who is given this responsibility for decisions related to your health care is frequently different from whom you would name to handle your financial affairs. You should look at both of those choices.

Even if you have experienced no major life events, those you previously chose to handle certain duties may no longer be your best option.

Remember that some assets pass outside of the will, including retirement accounts like a 401(k) plan, IRAs and life insurance policies. This means the person named as a beneficiary on those accounts will generally receive the money no matter what your will states. Bank accounts can have payees on death, but your last will and testament should sync perfectly with these designations at the bank.  If they don’t it could result in costly litigation amongst your heirs.

If a beneficiary is not listed on those non-will items. or the named person has already passed away (and there is no contingent beneficiary listed), your estate plan the assets automatically go into probate.

BOOK A CALL with me, Ted Vicknair, Board Certified Estate Planning and Administration Specialist, Board Certified Tax Law Specialist, and CPA to learn more about estate planning, incapacity planning, and asset protection.

If you liked this article, “What Needs to Be Reviewed in Estate Plan?” read also these additional articles: Researchers Look to Reduce the Risk Of Women Developing Dementia and How Do I Use Deceased Spouse’s Life Insurance? and Is there a Connection between Vitamin Deficiency and Dementia? and What Does ‘Community Property’ Mean?

Reference: CNBC (Jan. 27, 2022) “Be sure to keep your will or estate plan updated. Here are 3 key reasons why”

Below, I have copied the text of the post and I will address each point from the perspective of Louisiana law since I am licensed in Louisiana and I am a Board Certified Estate Planning and Administration Specialist (Certified by the Louisiana Board of Legal Specialization).  Understand that estate and probate law is determined by the state of your residency when you die, and this post was likely made by someone who does not live in Louisiana.  Louisiana has some particular laws, and if you reside in Louisiana, Louisiana’s laws will apply to you, not the laws of some other state.  The original text is in bold and italics, and my response is below it.  So here we go!

Spreading this information for those of you that don’t have your affairs in order. Make sure all bank accounts have direct beneficiaries. The beneficiary need only go to the bank with your death certificate and an ID of their own.


This is partially true.  Let’s get certain things straight here.  In Louisiana, banks are allowed to permit you to designate a “payee on death”.  This is the person or persons to whom the bank is allowed to distribute your bank account balances after you die.  But these are not “beneficiaries” in the normal sense of the word.  In other words, many bank representatives are promoting these “payable on death” designations as “beneficiary designations” which they claim are a substitute for probate.  The persons who are payees upon death are not necessarily the persons entitled to the bank account balance.  Confusing?  Yes it is!  This topic is addressed in my other blog post:  What Is a POD Account? A litigation time bomb.  But here is a summary of it.  In general, by law, your assets are inherited by the people named in your will.  If you don’t have a will, your heirs are by default your children (equally), and if you are married, your children still inherit, but what they inherit is subject to a “usufruct” in favor of your spouse (assuming all of your property is community property).  In general, these are the people who are legally entitled to your bank account balance no matter what your payable on death designation says.  Here is the takeaway: if your “payable on death” designation that you make with the bank conflicts with who is legally entitled to inherit, your estate could wind up in litigation.  How do you protect yourself?  If you desire that your “payable on death” designation is to have legal effect, then it should mirror your last will and testament (or if you don’t have a last will and testament, then your payable on death designation should mirror the laws of intestacy).  In other words, if your Last Will and Testament says one thing and your “payable on death” designation with the bank says something else, this could result in a litigation nightmare and your wishes not being followed.  For example, if you have two children, each inheriting one-half of your estate, then you POD designation should reflect that.  If, however, your POD designation provides that only one of your children get the account(s), then the child who was not designated will have an incentive to sue the one named.  The bottom line is that a POD designation in Louisiana is not a “beneficiary designation.”


– TOD = Transfer On Death deed if you own a home. Completing this document and filing it with your county saves your heirs THOUSANDS. This document allows you to transfer ownership of your home to your designee. All they need to do is take their ID and your death certificate to the county building and the deed is signed over. Doing this will avoid the home having to go through probate.

Completely false.  This is Louisiana.  We have parishes, not counties, and the reference to “county” stongly suggests that the drafter of the original Facebook post was outside of Louisiana.  We do not have “transfer on death” deeds in Louisiana.  There is a substitute, however.  You can make a gift of your assets to your heirs with a retained “usufruct for life”, which in many ways will have the same effect as a TOD, including obtaining a “step up” in income tax basis of the property upon your death.  That is a topic for another blog post.  Nevertheless, this is often a poor substitute for a plan.  Why?  If you have more than one heir, the heirs may fight over the property, or fight over the right to live in it or use it after you pass away.  For some families this is not a concern.  If all of the children have their own home and everyone agrees to sell the property, then there might not be any issues.  But I have seen many instances in which one of the children is on the deed or inherits directly and then after the death of the parent refuses to sell the property so that the other children can obtain their share of the inheritance.  This can result in the children suing each other and the property potentially being sold at a sheriff’s sale in a licitatoin lawsuit.  A better plan might to to specify that your property be sold by your executor in your probate proceeding, and all of the heirs are distributed their share of the inheritance in cash.  With that said, if you only have one heir and that heir is deeded ownership (subject to your usufruct for life), this could be fine and it would avoid probate of this property.  The bottom line is DON’T LET THE PROBATE AVOIDANCE TAIL WAG THE DOG OF YOUR ESTATE PLAN.  Meet with an attorney to develop a plan, and it may be that a deed with a retained “usufruct for life” will work in your case, but maybe it won’t.  Your particular needs should drive your planning.

– Living Will: Allows one to put in writing exactly what you want done in the event you cannot speak for yourself when it comes to healthcare decisions


This is correct, and it is also known as a “Healthcare Directive”.  However, more important than a “Living Will” or “Healthcare Directive” is a Medical Power of Attorney (discussed below).  Generally, a hospital or physician will not “go to the mat” to “pull the plug” if the person you appoint as your Medical Power of Attorney wants something else done than what you expressed in your Living Will.

– Durable Power of Attorney: Allows one to designate a person to make legal decisions if one is no longer competent to do so.


This is correct, and it is a key estate planning document.  Howver, not all Durable Powers of Attorney are created equal.  Some are not broad enough to allow your powerholder to engage on your behalf in sophisticated estate planning to protect your assets in the event you are required to go into a nursing home.  I have often had clients come to me with a Durable Power of Attorney drafted by another attorney’s office (or through an online form service like “Legalzoom”), and the POA is not broad enough to allow me to engage in the type of sophisticated Medicaid Crisis Planning needed by a client who finds it necessary to go into a nursing home and qualify the client for Medicaid Long Term Care benefits.  In those cases, I am required to go through the costly Louisiana “interdiction” process to have a judge render the person judicially incompetent even if the client had a Durable Power of Attorney, which might be essentially defective for Medicaid Crisis Planning.

– Power of Attorney for Healthcare: This document allows one to designate someone to make healthcare decisions for their person.


This is correct, and in my opinion this document is a more important document than a Health Care Directive (or Living Will), because as a practical matter it will trump the Health Care Directive.  It allows your powerholder to make medical decisions for you in the event you are alive and cannot make those decisions yourself.  Accordingly, it is crucial that you have a candid discussion with your named powerholder about guidelines for your care in the event you are incapacitated.  In other words, you might want to tell your powerholder, “remove me from life support if I am on it for 3 days, and there is no improvement, and the doctors say that there is no prospect for improvement.”

– Last Will and Testament: Designates to whom personal belongings will go too.


This is correct.  But your Last Will and Testament can be a bit broader than that.  Your Last Will and Testament can appoint a person to handle your affairs after you die, known as your “Executor”.
Also, keep in mind that under Louisiana law, there are two forms of wills which are recognized: (1) a statutory will; and (2) an olographic will.

A statutory will (assuming your can read and are not blind) is one that has the following characteristics: (a) it is signed by you at the end of the will and on each page, (b) it is signed before a notary public and two (2) witnesses; and (c) has an “attestation clause” which generally recites facts pertaining to how and on what date the will was signed (in particular, it recites that the witnesses and the notary public swear that you OUT LOUD declared that what you were signing was your Last Will and Testament and you signed each and every page and in front of them).   Without this “attestation clause” your will is per se INVALID.  Keep in mind that to execute a “statutory will” you will have to hire an attorney or notary public to at least sign the will (even if it is not drafted by the attorney or notary public).  A statutory will has a certain advantage in that it does not have to be “proved” in a court of law and is presumed correct as long as the formalities of a statutory will are met.

By contrast, an “olographic will” is a will which is entirely hand-written by you in your own handwritring.  It cannot be typed, and it cannot be handwritten by someone else.  It also must be signed by you and dated by you in your own handwriting.  The advantage of an “olographic will” is that you don’t have to hire an attorney to draft it.  The disadvantage is that you didn’t hire an attorney to draft it, and as such, you did your own estate planning.  But for people of modest means and who cannot afford an attorney, an “olographic will” can often be the best choice.  Another slight disadvantage of an “olographic will” is that in your probate proceeding, you will need the affidavits of two (2) people who swear that they recognize your handwriting and that the Will was written in your handwriting.  Obviously, this type of a will can be challenged easier than a “statutory will”.

– Funeral Planning Declaration: allows one to say exactly one’s wishes as far as disposition of the body and the services.


This is a good idea, but it is not essential.  You can, if you wish, have a private discussion with your Executor regarding these matters.  If this is very important to you and you want your burial wishes to be legally binding, these wishes should be incorporated in your Last Will and Testament.  See above for the formalities for a valid Last Will and Testament.  If your funeral wishes are not in valid form, they are not necessarily binding, and the judge overseeing your probate case may or may not take these wishes into account.

– If the above documents are done, you can AVOID probate.


COMPLETELY FALSE.  Again, I am addressing Louisiana law.  It is false becasue in Louisiana “payable on death” designations you make with banks are merely “get out of jail free” cards to banks (they are not beneficiary designation instruments).  We do not have Transfer of Death – TOD – designations in Louisiana.  Your Last Will and Testament (and if you don’t have one, the intestate laws of Louisiana) will control the fate of your assets in a probate proceeding.  Nevertheless, there is a post-death administration procedure in Louisiana called an “Affidavit of Small Succession” that can apply in certain circumstances to avoid probate, but the qualification rules can be narrow.  Read about it here:  Affidavit of Small Succession in Louisiana.  Another way to avoid probate is through the use of a “Living Trust”, which can be a very good way to plan your estate, but which is beyond the scope of this article.

If all the above is not done, you have to open an estate account at the bank. All money that doesn’t have direct beneficiaries goes into this account. You have to have an attorney to open the estate account.


If you die with bank accounts in your name (and if you don’t, you still don’t qualify for the “Affidavit of Small Succession” procedure), your Executor or Administrator will have to open a succession (probate) on your behalf and all of your money will go into this account.  It is technically false to state that the “attorney will have to open the account.”  This is something that your Executor or Administrator will do after your attorney presents the correct legal documents with the court and the IRS (to obtain a tax identification number for the new account).  The only way to avoid probate is (1) to die without assets; (2) have modest enough assets to qualify for the “Affidavit of Small Succession” procedure (and none of those assets are bank accounts); or (3) have consulted with an attorney to adopt a probate avoidance plan which you have put in place before your death.

The attorney also has to publicize your passing in the newspaper or post publication at the county courthouse, to allow anyone to make a claim on your property. – It’s a complete PAIN.


In Louisiana, this does not apply.  However, there are certain cases in which publication is necessary to sell succession property which I won’t go into detail about here.

– Make a list of all banks and account numbers, all investment institutions with account numbers, lists of credit cards, utility accounts, etc. Leave clear instructions as to how and when these things are paid. Make sure heirs knows where life insurance policies are located.


This is a VERY good idea, particularly as it relates to life insurance policies.  The beneficiaries of your life insurance policies will not even know that there is a policy unless you either tell them or they can go through your records to find out that you had a policy.  Often, there is no other way to find out that you had a life insurance policy.  It is best to tell them before you die, and better yet to have a folder or letter of instruction indicating where all of your assets are located (including bank accounts, bank boxes, real estate, IRAs, 401(k)s, life insurance policies, burial policies and burial plans, paid-for burial vaults, and copies of registration certificates for all cars, trailers, and boats).

– Make 100% sure SOMEONE knows your Apple ID, bank ID account logins and passwords!


This can be important if your Apple ID is valuable.  Many people have purchased many albums through iTunes that are worth in the hundreds or even thousands of dollars.  It is less important (and sometimes inadvisable that) they know your bank account ID and passwords.  They will get access to these accounts in the probate proceeding.  But to this list I would add the passwords and digital vault location of any digital assets such cryptocurrencies (Bitcoin, etc.).

– Make sure you have titles for all vehicles, campers, etc!


This is a good idea, but if your loved ones have a copy of your registration certificate for each auto, trailer and boat, this will suffice.  They don’t need the original titles, just a description of the them in the registration certificates.

– MOST IMPORTANTLY!!!! – Talk with those closest to you and make all your wishes KNOWN. Talk to those whom you’ve designated, as well as those close to you whom you did not designate. – Do this to explain why your decisions were made and to avoid any lingering questions or hurt feelings.


This can be a good idea, but often isn’t.  If you want to treat all of your children equally, having an open discussion usually does not hurt.  However, if you intend to partially or fully disinherit a child, often the worst thing you can to is to have a discussion with the child about why you did what you did.  Some people don’t have the strength to “stick to their guns” with their children, and hurt feelings can result even if they do.  Often the worst thing you can do is get your heirs involved in your estate planning.  I have seen a lot of attempted arm twisting by children.  But each case is different and your mileage may vary depending on your family dynamics.

Hope this helps! Hope this lights a spark to encourage all your friends and family to take care of these things to make it easier for those we all leave behind!
My hope is that the above list at least helps you start an important conversation with your loved ones.


More important than having a conversation with loved ones is to have a conversation with a good estate planning attorney who can tailor a plan to your needs, wants and goals.  If you have spent a lifetime of acquiring and building wealth, don’t fritter it away with a “do-it-yourself” estate plan.  Keep in mind that nothing of what was posted in the original Facebook post addresses incapacity planning, avoiding nursing home poverty, tax planning, asset protection, Louisiana forced heirship, preserving assets for minor children (especially in the case of “blended families”), planning for the care of minor children, special needs planning for children with disabilities, or updating beneficiary designation forms for IRAs, 401(k)s, annuities and life insurance.  Do you care about these topics?  You should!

BOOK A CALL with me, Ted Vicknair, Board Certified Estate Planning and Administration Specialist, Board Certified Tax Law Specialist, and CPA to learn more about estate planning, incapacity planning, and asset protection.  There is no cost or obligation.

If you liked this article, “Have You Seen this Facebook Post?” read also these additional articles: What Shouldn’t Be Put in a Will? and Can Medicine I Take Regularly Raise My Blood Pressure? and Warning Signs an Elderly Parent is Being Scammed and What are the Biggest Retirement Costs Often Overlooked?

Money Talks News’ recent article entitled “7 Things You Should Not Include in Your Will” suggests that as you think about what to put in your will, note that estate planning attorneys caution against including the following items.  Read the article for answers to the question”What Shouldn’t Be Put in a Will?”.  They are:

1. Leaving a buck to someone you want to disinherit. The thought is that leaving a single dollar to someone you are disinheriting will prevent them from contesting a will. However, it could have the opposite effect. Instead of keeping them out of the process, making someone an interested party allows them into the court proceedings. They could contest the will.  A better approach is to state the reasons you are disinheriting the person, as well as to put in some protections against a Louisiana forced heirship claim.  Yes, you can build in protections against a forced heirship claim, but few attorneys know about these secret steps.
2. Adding a non-contestability clause. Also know as “in terrorem” clauses, these clauses say that if someone contests the will, they forfeit any inheritance due to them. However, the problem with non-contestability clauses is that they only deter people who have something to lose in the will. If you are already fully disinheriting someone, this clause will have no effect as to them.  Rather than rely on one of these clauses, consult with an estate planning attorney about other options if you think a disgruntled relative might challenge your will, particularly regarding defenses to a forced heirship claim.
3. Retirement plans. Accounts like 401(k) plans and IRAs also should be left out of wills. That is because of tax implications. The IRS has rules about how these accounts are to be transferred if your heirs want to avoid a large tax bill. Instead, make sure that the beneficiaries are named on the accounts, so they can bypass the court system.
4. Trusts. Some people use their will to create a testamentary trust that holds and distributes assets after their death. Testamentary trusts do have their place in estate planning.  However, if you embed a trust in a will, you will still have to go through probate. Ask an experienced estate planning attorney about setting up a revocable – or living – trust to do the same thing without the need to go through probate.
5. Accounts with beneficiaries. Assign beneficiaries to accounts, whenever possible. Accounts that have beneficiaries, transfer-on-death provisions or joint owners can be passed to heirs .  However, be careful that any payable on death designations that you have established with banks are reflected in your last will and testament.  This is because in Louisiana, an account wiht a payable on death designation, without careful planning, is a lawsuit waiting to happen.  Read more about this topic at this blog post: What Is a POD Account? A litigation time bomb.
6. Detailed financial information. The bank accounts you have now might not be those you have when you die. As a result, there is no need to divvy up specific accounts among your heirs in a will. Rather you should create a financial cheat sheet outside of your will (that you can change as circumstances warrant) that will make it easy for your executor to locate all of your assets.
7. NOT APPLICABLE: Naming an out-of-state personal representative. This last point, listed in the Money Talks News’ article “What Shouldn’t Be Put in a Will?”does not apply to Louisiana.  In Louisiana, you can name an out-of-state succession representative.  However, the representative needs to appoint a person for service of process in Louisiana in the probate proceeding.  Usually the person appointed is the Louisiana attorney hired to help your succession representative administer your Louisiana probate proceeding.  In other words, feel free to name an out-of-state person as your succession representative if that person is the best qualified for the position.

BOOK A CALL with me, Ted Vicknair, Board Certified Estate Planning and Administration Specialist, Board Certified Tax Law Specialist, and CPA to learn more about estate planning, incapacity planning, and asset protection.

If you liked this article, “What Shouldn’t Be Put in a Will?” read also these additional articles: Can Medicine I Take Regularly Raise My Blood Pressure? and Warning Signs an Elderly Parent is Being Scammed and What are the Biggest Retirement Costs Often Overlooked? and Is Estate Planning Affected by Property in Two States?

Reference: Money Talks News (March 29, 2022) “7 Things You Should Not Include in Your Will”

Families who have lived through settling an estate without an estate plan will agree that the title of this article, “Preventing the Horrors of Dying Without a Will,” from Next Avenue, is no exaggeration. When the family is grieving is no time to be fighting, yet the absence of a will and an estate plan leads to this exact situation.

Why do people procrastinate having their wills and estate plans done?

Limited understanding about wealth transfers. People may think they do not have enough assets to require an estate plan. Their home, retirement funds or savings account may not be in the mega-millions, but this is actually more of a reason to have an estate plan.  Sadly, I have often found that familes fight just as much or more when there is little to be inherited.

Fear of mortality. We do not like to talk or think about death. However, talking about what will happen when you die or what may happen if you become incapacitated is very important. Planning so your children or other trusted family member or friends will be able to make decisions on your behalf or care for you alleviates what could otherwise turn into an expensive and emotionally disastrous time.

Perceived lack of benefits. Working with an experienced estate planning attorney who will put your interests first means you will have one less thing to worry about while you are living and towards the end of your life.

Estate planning documents contain the wishes and directives for your legacy and finances after you pass. They answer questions like:

• Who should look after your minor children, if both primary caregivers die before the children reach adulthood?
• If you become incapacitated, who should handle your financial affairs, who should be in charge of your healthcare and what kind of end-of-life care do you want?
• What do you want to happen to your assets after you die? Your estate refers to your financial accounts, personal possessions, retirement funds, pensions and real estate.

Your estate plan includes a will, trusts (if appropriate), a durable financial power of attorney, a health care power of attorney or advanced directive and a living will. The will distributes your property and also names an executor, who is in charge of making sure the directions in the will are carried out.

If you become incapacitated by illness or injury, the POA gives agency to someone else to carry out your wishes while you are living. The living will provides an opportunity to express your wishes regarding end-of-life care.

There are many different reasons to put off having an estate plan, but they all end up in the same place: the potential to create family disruption, unnecessary expenses and stress. Show your family how much you love them, by overcoming your fears and preparing for the next generation. Meet with an estate planning attorney and prepare for the future.

BOOK A CALL with me, Ted Vicknair, Board Certified Estate Planning and Administration Specialist, Board Certified Tax Law Specialist, and CPA to learn more about estate planning, incapacity planning, and asset protection.

If you liked this article, “No Will? What Happens Now Can Be a Horror Show” read also these additional articles: What Does Study Say About Dementia and Mortality? and How Does Gift Tax Exclusion Work? and What Can I Do Instead of a Stretch IRA? and How Can I Live a Comfortable Life as a Senior?

Reference: Next Avenue (March 21, 2022) “Preventing the Horrors of Dying Without a Will”

For one couple, this important task was set aside for more than four decades. They had a will created when their children were toddlers to name guardians and ensure financial security for the children, as described by Next Avenue in the article “6 Reasons You’re Putting Off Writing a Will and How to Overcome Them.”

This important task is all too easy to put off. However, it’s a big mistake to do so. Here’s why.

You think you’ve time to “get around to it.” However, the last few years have shown, we don’t know when illness will strike. A better approach: make an appointment to meet with an experienced estate planning attorney. Write it down on the calendar and don’t postpone it. There’s no guarantee you’ll live a long life, no matter how much we’d all like to.

You think you don’t have enough assets to bother with a will. Here’s the thing. An estate plan is not just about money. It also includes end-of-life planning, naming someone to have control of finances if you become incapacitated and can’t do so for yourself. It also includes giving someone the power to make healthcare decisions. A Power of Attorney, Healthcare Power of Attorney (or Proxy), and Living Will can prevent your loved ones from the expensive and time consuming process of having to go to court to be appointed a guardian or spend the rest of their lives wishing they’d known what you wanted.

You’d rather not think about your own mortality. Join the club. None of us wants to think about death, dying, or being seriously ill. However, if you wait until you’re too sick to deal with these issues, you may get care you don’t want, prolonged suffering when you wanted to be allowed to die, etc.

More straight talk about having a will: If you die without an estate plan in place, your children may be left fighting over everything.  Whether to sell the house, how to distribute assets fairly, who gets Dad’s license plate collection or Mom’s silver tea set. Some siblings never reconcile after spats over personal possessions.

You think it’ll take too much time. Unless you have a vast empire of real estate holdings, investments and millions, an estate plan and related documents do not take any more time than planning a vacation. After meeting with an experienced estate planning attorney to review your assets, discuss your wishes for the future and review your family situation, the documents can be sent back and forth via email until they are completed. Executing the documents will take another office visit, unless your state permits remote signatures, which many still do. It’s time well spent.

You don’t want to make hard decisions. Neither does anyone else. However, if you don’t, the state will, as your estate will be governed by the laws of your state. You may not like the distributions You can also make changes to your will and other estate planning documents. It’s on paper, not stone.

The final sticking point: you don’t want to pay for an estate plan. This is the problem you, your spouse and your children will run into. If you don’t have a proper estate plan created and the court decrees that your handwritten will is invalid, none of your wishes may be followed. Your family will end up paying more to retain an attorney to clean up the mess, and some of the problems they encounter may not be fixable.

Your loved ones won’t be grieving, they’ll be battling. The cost of not having an estate plan will come out of their inheritance.

The fix is easy. Call an experienced estate planning attorney, make an appointment and get started. You and your family will be better prepared for whatever life brings you. You’ll also enjoy the peace of mind of knowing that you’ve done the right thing for your loved ones.

BOOK A CALL with me, Ted Vicknair, Board Certified Estate Planning and Administration Specialist, Board Certified Tax Law Specialist, and CPA to learn more about estate planning, incapacity planning, and asset protection.

If you liked this article, “Straight Talk About Having a Will” read also these additional articles: What are my Responsibilities if I’m Named an Executor? and Do Young Adults Need Estate Planning? and What Helps Create the Best End-Of-Life Plan? and Risk Factors and Dementia Cases

Reference: Next Avenue (Feb. 25, 2022) “6 Reasons You’re Putting Off Writing a Will and How to Overcome Them.”

Having an estate planning attorney manage the probate process can alleviate a great deal of stress for the family, says the recent article “Reasons to hire a lawyer for probate” from The Mercury.

For one thing, the attorney will know what your state requires in the way of executing the will. In some state’s there may be a need to pay a state inheritance tax.  Fortunately for Louisiana residents, Louisiana no longer has a state inheritance tax nor a state estate transfer tax.  But you do have to present to the court certain pleadings specific to Louisiana.  Even if the surviving spouse is the only heir/legatee, and all assets are either jointly titled or are distributed through beneficiary designations, there are other details you may miss.

A surviving spouse will certainly appreciate not having to undertake a mountain of paperwork or electronic forms on their own, especially if there are no adult children living nearby to help. Which court pleading needs to be presented or which beneficiary form needs to be completed, and what will financial institutions need to change accounts to the proper ownership? It can be daunting, especially during mourning.

An estate planning attorney will also know how long the probate process will take. The surviving spouse may be the executor but may be unable to attend probate court.

If there are family disputes between heirs regarding distribution, an estate planning attorney could be a very important resource. There may need to be a settlement agreement created that conforms to the state’s law. If it is not handled properly, the agreement could be deemed invalid if challenged in court.

What if the family home is being sold? Sometimes executors working without an attorney do not realize the requirements from title insurance companies regarding the sale of a property where one of the parties has passed. Failing to make sure that these requirements are met, could delay the settlement of the estate and put the property sale in jeopardy.

If there are health or creditor issues, or disputes over property, an estate planning attorney is invaluable in protecting the surviving spouse and/or executor. In many cases, the estate is left with substantial medical bills, Medicaid claims or related costs. Executors may not know their rights, or how to defend the estate. A knowledgeable estate planning attorney will.

BOOK A CALL with me, Ted Vicknair, Board Certified Estate Planning and Administration Specialist, Board Certified Tax Law Specialist, and CPA to learn more about estate planning, incapacity planning, and asset protection.

If you liked this article, “Do I Need an Attorney for Probate?” read these additional articles: What Happens to Parents’ Debts When They Die? and Write a Letter of Instruction for Loved Ones and Can I Avoid Paying Taxes on Social Security?  and What Can a Trust Do for Me and My Family?

Reference: The Mercury (Feb. 8, 2022) “Reasons to hire a lawyer for probate”

There are exceptions in estate planning where you could unintentionally leave money to people you no longer intend to, much to the surprise of other heirs.

CNBC’s recent article “Your ex-spouse could inherit your money. How to avoid this and other estate-planning mistakes” says that the only exception where an ex-spouse could perhaps be on the receiving end of your money when you die, is if you neglect to change your beneficiaries under a retirement plan.

Louisiana law at Civil Code Article 1608(5) provides that if the person writing the will (the testator) is divorced from the legatee (aka the “heir”, in this case the ex-spouse), after the last will and testament is executed, the legacy is revoked by law unless the testator provides to the contrary.  The same provision applies revoking appointments to specific positions under the will such as an executor.

However, because pensions are governed by federal law, formally known as ERISA or the Employee Retirement Income Security Act of 1974, these state rules don’t apply.  In addition, beneficiary designations for life insurance are governed by the law of contract between the owner of the policy and the insurance company.  So La. C.C. art. 1605(5) does not apply to insurance.

As a result, if you don’t update your beneficiary designations, your ex could still inherit the money.

In addition to pensions and life insurance, people tend to forget to update their IRA and 401(k) beneficiary designations.

Bank account payable on death (POD) designations can also create issues.  If the ex-sposue is a payee on death, and your will has excluded your ex-sposue as a legatee (pursuant to La. C.C. art. 1505(5) or otherwise) and your ex-spouse receives the money from the account, your other heirs could sue your ex-spouse creating a litigation nightmare.  Read my blog post covering this issue here: What Is a POD Account? A litigation time bomb.

Some people may decide to also include friends who feel like family in their wills. They are sometimes called “unnatural bequests” because they don’t include typical beneficiaries, such as a spouse and children. This type of bequest should be prepared by an experienced estate planning attorney with specific language to make it known it wasn’t an accident.

For example, “I leave my dear friend Big Red $1 million, even though that reduces my bequests to my children, because of the wonderful and supportive friendship I have had with Red for more than five decades.”

To make certain that your wishes are carried out the way you want them to be, enlist the help of an experienced estate planning attorney.

BOOK A CALL with me, Ted Vicknair, Board Certified Estate Planning and Administration Specialist, Board Certified Tax Law Specialist, and CPA to learn more about estate planning, incapacity planning, and asset protection.

If you liked this article, “How to Avoid Giving Estate to Your Ex” read these additional articles: What are the Added Benefits in the New Medicare Advantage Plans? and IRAs and 401(k) when Spouse Dies and Update on Transfer Taxes for 2022 and How to Check the Validity of a Will

Reference: CNBC (Jan. 9, 2022) “Your ex-spouse could inherit your money. How to avoid this and other estate-planning mistakes”