Myths about wills (and why you should have one)

1. Wills are for old people.

Most people think about mortality more as they get older, but like a thief in the night, death comes to many who are unprepared. Do you want your sister's husband to pawn your prized golf clubs? Does your seventeen year old son really need your motorcycle? Do you want to be maintained on life support? Who is going to make decisions when you cannot? Who is going to help raise your children? These are all questions that are easier for you to answer when you are able. Please don't let the law make those decisions for you.

2. Wills are expensive.

That can be true—but for most Louisiana families, it’s not. Complex business arrangements, off-shore bank accounts, out-of-state assets, or very large estates can make planning more involved. But for the average person, a will and some basic estate planning can often be completed in as little as two one-hour meetings, and often for under $1,000.

And compared to the cost and stress your family may face without a plan, it’s usually a small investment for a lot of peace of mind.

3. I don't care what happens to my stuff when I die.

One of the greatest gifts you can give the people you leave behind is a clean and easy succession. Few things are more heartbreaking than watching siblings fight over a few hundred—or a few thousand—dollars at the very moment they should be sharing grief, love, and memories. A will gives your wishes the force of law, which can prevent confusion, reduce conflict, and protect your family during an emotionally difficult time.

4. I would rather have a trust than a will.

Trusts can be a great option in many situations, and they can reduce some of the costs and hassle that come with the probate process. But this idea is often driven by advice that makes more sense in common-law states, where probate can be slow, expensive, and drawn out. Louisiana is different. Our succession process is widely recognized as relatively quick, straightforward, and efficient for uncomplicated estates.

In many cases, a properly drafted will is the simplest and most cost-effective way to protect your family. And in the situations where a trust truly makes sense, an experienced attorney can help you build the right plan.

5. I don't have enough money to need a will.

A will covers far more than “who gets Pawpaw’s Rolex.” A good estate plan is about keeping your family out of unnecessary stress and conflict. It includes choosing who should care for your children if something happens to you, making decisions about end-of-life care, handling debts the right way, and reducing the chances of arguments over property.

And even if you don’t think you have much, you often have more than you realize—and the ability of family members to fight over “not much” is almost always underestimated.

6. My kids will just agree on everything.

We all love our children (I have three myself). But if they ever agree on anything, we can probably assume something unusual is happening. The hard truth is that even close families can disagree when emotions are high, and grief has a way of bringing old tensions to the surface.

Going through the estate planning process makes their agreement—or lack of it—largely irrelevant. In the immediate aftermath of your death, your family will likely be at its most vulnerable. Rather than hoping no one strikes a match near gasoline, we can help remove the matches altogether by putting your wishes in writing and giving them the force of law.

7. My family automatically gets everything.

This is almost right—but the real answer is more complicated. If you die without a will, Louisiana law decides who inherits and in what proportions. Most of the time, that means your property goes to close relatives—but not always in the way people expect.

In some situations, one family member may have the right to live in or use the property, while someone else holds the ownership interest and the right to sell it later. That can sound strange, but it’s actually designed to protect vulnerable family members by default in certain circumstances.

The problem is that these built-in rules can also create confusion, delays, and conflict—especially when your family is already grieving. A valid, enforceable will is the best way to make your wishes clear and prevent these issues from arising in the first place.

8. My spouse can just handle it.

A lot of people assume that when they pass away, everything automatically goes to their spouse and the rest is simple. In Louisiana, it often isn’t that clean. Depending on the makeup of your family, your spouse may not automatically receive everything you own unless you’ve taken steps to make that happen.

That means your children, grandchildren, brothers, sisters, parents, or even half-siblings can legally show up in the succession and have rights in your estate before it ever passes fully to your spouse. Even in a healthy family, navigating that process can be stressful and overwhelming—especially while everyone is grieving.

A valid, enforceable will helps prevent that situation. It lets you decide how your property should pass and reduces the risk of confusion, conflict, and delay at the worst possible time.

9. Once I make a will, it's hard to change.

Nothing could be further from the truth. A will isn’t permanent—you can change it whenever your life changes. New baby, new marriage, divorce, a falling-out, a new house, or just a change of heart: you can update your plan.

In fact, legally speaking, you can revoke your will quickly—even on a cocktail napkin in some situations. But if you want those changes to actually hold up when it matters (and not leave your family in a fight about what counts and what doesn’t), the smarter move is to have a lawyer help you make the update cleanly and correctly.

10. My family already knows what I want.

That’s a great start—but it isn’t legally binding. And even in the best families, people remember things differently when emotions are high. If your wishes aren’t written down in the proper legal form, your loved ones may still end up stuck with delays, uncertainty, and arguments about what you “would have wanted.”

A better strategy is for your family to know exactly where to find your plan and how to use it: how to access your end-of-life instructions, your power of attorney documents, your will, and who to call to start the succession process. When the time comes, written documents don’t rely on memory—they carry the force of law.

We would love to meet with you to discuss your succession plan. Most people are surprised by how straightforward the process can be with the right guidance. Our approach is simple: keep it cost-effective, keep it uncomplicated, and make sure it’s legally enforceable—so you have peace of mind and your family isn’t left trying to figure things out during a hard time.