Prenuptial Agreements in Louisiana

A prenuptial agreement is legally known as a “matrimonial agreement” in Louisiana, or a “prenup” in layman’s terms.  A prenup is a contract that establishes a separation of property regime, or that modifies or terminates the Louisiana legal regime.  In essence, if spouses do not want to be subject to certain Louisiana laws regarding marriage, divorce and property, a prenup allows the parties to generally create their own rules regarding these matters.

However, there are still some limits to a prenup.  The parties cannot contract any provision that is prohibited by Louisiana public policy.  Furthermore, if during their marriage the parties wish to contract a prenup that modifies or terminates the Louisiana legal regime, Court approval is required.  The Court must ascertain whether the prenup serves the parties' best interests, and whether they fully understand the governing principles and rules.

Intended spouses may contract a prenup before marriage without requiring court approval.  Also, parties who are already married, and who move into Louisiana from another state, may contract a prenup without court approval within one year of first moving into and acquiring domicile within the State of Louisiana.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Can I Write My Own Last Will & Testament?

In Louisiana, a handwritten will is called an olographic testament.  Olographic testaments are valid in Louisiana as long as they are prepared in the proper form.

An olographic testament must be entirely written, dated and signed in the handwriting of the testator.  This means that the will cannot be typed, and it cannot be written by anyone other than the person making the will (the testator).  The testator must sign the will at the end of the testament.  Any additions or deletions to the testament must also be in the testator's own handwriting.

Many people opt to write their own wills because of the cost of having one professionally prepared.  However, a simple will doesn't have to cost a fortune.  The peace of mind that comes with knowing that your will has been prepared by a legal professional and is less likely to be contested, is priceless.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Power of Attorney Misconceptions

Here at The Bluest Ink, we have been privy to many misconceptions held by the general public regarding power of attorney documents.  The most common misconception we have experienced is where a person believes that having power of attorney "over" another person allows them to "take over" that person's affairs, even after death.  This is inaccurate.

In Louisiana, a power of attorney is essentially a document authorizing a person (the Agent) to act on behalf of another person (the Principal).  Since the Agent is acting on behalf of the Principal, this means the Principal still has the power to direct the actions of the Agent.  As such, it would be improper for the Agent to perform any act that is contrary to the express wishes of the Principal, especially if the act is not in the best interest of the Principal.

Furthermore, a power of attorney is only valid while the Principal is alive.  After the death of the Principal, the Agent has no more power to act on the behalf of the Principal or the Principal's estate by virtue of the power of attorney.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

www.TheBluestInk.com
 

www.TheOnlineNotaryUS.com