Articles & News

Can You Receive Both Medicaid and VA Benefits?

Tue, 18 Aug 2026 15:00:35 GMT

One of the most common questions elder law attorneys receive is whether veterans can receive both Medicaid and VA benefits . The answer is often yes—but understanding how the two programs interact is critical. Without proper planning, families may unintentionally jeopardize eligibility for one program while applying for another.

VA benefits and Medicaid each have their own eligibility requirements regarding income, assets, and medical need. While certain VA pension payments may affect Medicaid calculations, there are many situations where veterans can receive valuable assistance from both programs. This is particularly important for individuals facing significant long-term care expenses in nursing homes or assisted living facilities.

Because these programs overlap in complex ways, attempting to navigate them without professional guidance can lead to unnecessary delays or costly mistakes. Proper planning often involves reviewing assets, creating estate planning documents, evaluating trusts , and ensuring all financial decisions support both immediate and future eligibility.

At Losavio & DeJean , our attorneys routinely help Louisiana families coordinate Medicaid qualifying with Veterans Benefits planning. By taking a comprehensive approach, we help clients preserve assets, protect spouses, and maximize every benefit available under the law. Planning ahead often provides families with greater financial flexibility and significantly less stress during an already challenging time.

Why You Should Never Wait Until a Medical Crisis to Start Medicaid Planning

Thu, 13 Aug 2026 15:00:19 GMT

One of the most common situations elder law attorneys encounter is the family who waits until a loved one has already entered a nursing home before seeking legal advice. While emergency Medicaid planning is often possible, waiting until a crisis occurs typically limits the number of planning options available. Beginning Medicaid planning before care becomes necessary provides families with significantly greater flexibility and control over financial decisions.

Long-term care needs frequently arise unexpectedly following a stroke, serious illness, fall, or hospitalization. During these stressful moments, families are forced to make complex legal and financial decisions while also caring for a loved one's health. Having an established Medicaid strategy before a crisis occurs can reduce anxiety, protect assets, and streamline the application process when time is critical.

At Losavio & DeJean , the goal is to help Louisiana families prepare before emergencies happen whenever possible. Through comprehensive Medicaid planning, estate planning , powers of attorney , trusts , and asset protection strategies, clients receive a coordinated legal plan designed to support both immediate and future needs. Even if long-term care becomes necessary unexpectedly, experienced legal guidance can help identify available options and avoid common pitfalls.

Planning ahead isn't about expecting the worst—it's about protecting your family from unnecessary financial hardship if the unexpected occurs. Whether you're planning for yourself, a spouse, or aging parents, consulting an experienced elder law attorney today can make all the difference tomorrow. Losavio & DeJean is committed to helping Louisiana families preserve dignity, independence, and financial security through proactive Medicaid planning and compassionate legal counsel.

Signs It May Be Time to Consider Interdiction

Tue, 11 Aug 2026 15:00:33 GMT

Watching a loved one's mental or physical abilities decline can be emotionally overwhelming. Many families struggle to determine when occasional forgetfulness becomes something more serious. While every situation is unique, certain warning signs may indicate that legal intervention is necessary to protect both the individual and their assets.

Common indicators include unpaid bills, repeated financial mistakes, susceptibility to scams, unsafe driving, wandering, inability to manage medications, poor personal hygiene, or difficulty understanding medical treatment. Individuals suffering from Alzheimer's disease, dementia, stroke-related cognitive impairment, traumatic brain injuries, or severe mental illness may eventually lose the capacity to safely make important decisions. When these problems begin placing someone's health, finances, or safety at risk, families should consider speaking with an elder law attorney .

Interdiction is often viewed as a last resort because Louisiana law seeks to preserve individual rights whenever possible. Before recommending interdiction, experienced attorneys evaluate whether less restrictive alternatives—such as trusts , Powers of Attorney , or supported decision-making arrangements—may adequately address the situation. Every family's circumstances are different, making individualized legal guidance especially important.

At Losavio & DeJean , we understand that pursuing interdiction can be one of the most difficult decisions a family ever makes. Our goal is to provide compassionate counsel while helping families protect vulnerable loved ones with the least restrictive legal solution available. Early consultation often allows families to explore options before emergencies arise.

Who Should You Choose as Your Power of Attorney?

Fri, 07 Aug 2026 15:00:56 GMT

One of the most important decisions you'll make when preparing a Power of Attorney is selecting the individual who will serve as your agent. This person should be someone you trust completely, as they may one day make significant financial or legal decisions on your behalf. While many people immediately choose a spouse or adult child, the best choice depends on each family's unique circumstances.

A good agent is honest, organized, financially responsible, and capable of handling potentially stressful situations. They should also understand your values and be willing to act solely in your best interests. Geography may also play a role, especially if your agent may need to assist with banking, property management, or meetings with professionals in Louisiana .

Unfortunately, choosing the wrong individual can create family conflict or even expose vulnerable adults to financial exploitation. That's why it's equally important to name alternate agents if your first choice becomes unable or unwilling to serve. A thoughtfully drafted Power of Attorney provides flexibility while minimizing uncertainty during challenging times.

At Losavio & DeJean Elder Law Firm , we guide clients through these important decisions every day. We discuss family dynamics, potential concerns, and practical considerations to help ensure your estate plan functions exactly as intended when your loved ones need it most.

What Is a Power of Attorney and Why Every Louisiana Adult Should Have One

Wed, 05 Aug 2026 15:01:22 GMT

A Power of Attorney (POA) is one of the most important legal documents you can include in your estate plan . While many people believe these documents are only necessary for seniors, the reality is that every adult can benefit from having one. A Power of Attorney allows you to appoint someone you trust to make financial, legal, or healthcare decisions on your behalf if you become unable to act for yourself. Whether due to illness, injury, or unexpected incapacity, having a properly drafted POA ensures your affairs continue without unnecessary delays or court intervention.

In Louisiana , Powers of Attorney are commonly referred to as a "Mandate." Unlike a simple authorization, a carefully drafted Louisiana Power of Attorney can grant broad or limited authority depending on your needs. It can allow your chosen representative to manage bank accounts, pay bills, handle real estate transactions, communicate with government agencies, and assist with many other financial matters. Healthcare-related authority can also be included through properly prepared legal documents as part of a comprehensive estate plan.

Without a valid Power of Attorney, family members often discover they cannot legally access accounts, sell property, or make important decisions for an incapacitated loved one. Instead, they may be forced to pursue an expensive and time-consuming court proceeding, such as an interdiction , before being able to act. This process can create unnecessary stress during an already emotional time.

At Losavio & DeJean Elder Law Firm , we believe proactive planning provides peace of mind. Our attorneys work closely with Louisiana families to create customized estate plans that include Powers of Attorney tailored to each client's unique circumstances. Whether you are planning for retirement, protecting your family, or preparing for the unexpected, having the proper legal documents in place today can make all the difference tomorrow.

Why Every Louisiana Business Owner Should Consider an LLC

Mon, 03 Aug 2026 15:01:22 GMT

Starting a business is exciting, but many entrepreneurs overlook one of the most important decisions they will make—choosing the right legal structure. For many Louisiana business owners, forming a Limited Liability Company (LLC) provides flexibility, tax advantages, and an important layer of personal asset protection. Whether you're launching a side business, purchasing investment property, or growing a family-owned company, an LLC can become a valuable part of your long-term financial plan.

One of the primary benefits of an LLC is separating your personal assets from your business liabilities. Without this separation, your personal savings, home, and other assets may be exposed if your business faces a lawsuit or significant debt. While an LLC does not eliminate all risks, it creates an important legal barrier when properly established and maintained. This distinction can provide business owners with greater confidence while allowing them to focus on growth instead of unnecessary legal exposure.

An LLC can also complement your overall estate planning strategy. Many families own rental properties, farms, small businesses, or investment ventures that they intend to pass to future generations. Holding these assets within an LLC can simplify management, facilitate ownership transfers, and create opportunities for succession planning . Combined with trusts, wills , and powers of attorney , an LLC can become an essential building block of a comprehensive wealth preservation strategy.

At Losavio & DeJean , our attorneys help Louisiana families create business entities that align with both their current goals and long-term estate planning needs. Rather than simply filing paperwork, we develop strategies that integrate LLC formation with tax planning, asset protection, and legacy planning so clients can protect what they have worked hard to build.

What Is a Special Needs Trust and Why Does Your Loved One Need One?

Thu, 30 Jul 2026 15:00:53 GMT

Planning for a loved one with a disability requires more than simply leaving an inheritance. While parents and family members naturally want to provide financial security, leaving assets directly to an individual receiving needs-based government benefits can unintentionally jeopardize programs like Supplemental Security Income (SSI) and Medicaid. A properly drafted Special Needs Trust allows families to provide financial support while helping preserve eligibility for essential public benefits.

A Special Needs Trust (SNT) is a legal tool specifically designed to hold and manage assets for the benefit of a person with disabilities. Rather than distributing money directly to the beneficiary, the trust owns the assets and appoints a trustee to manage distributions for approved supplemental expenses. These expenses may include therapies, education, travel, recreational activities, specialized medical equipment, transportation, and quality-of-life improvements that government benefits often do not cover.

Every family's situation is unique, and Louisiana laws, along with federal benefit regulations, make proper planning essential. A trust that is not drafted correctly could unintentionally disqualify a beneficiary from receiving critical assistance. Working with an experienced elder law and estate planning attorney ensures that your trust complies with applicable legal requirements while reflecting your family's long-term goals.

At Losavio & Dejean , we help Louisiana families create customized Special Needs Trusts as part of a comprehensive estate planning strategy. Our team understands how to coordinate trusts with wills , powers of attorney , Medicaid planning, and long-term financial planning so your loved one's future remains protected for years to come.

Understanding the Difference Between a Will and a Trust in Louisiana

Tue, 28 Jul 2026 19:08:23 GMT

When it comes to protecting your family and preserving your legacy, one of the most common questions people ask is, "Do I need a will or a trust?" The answer depends on your personal circumstances, financial goals, and long-term estate planning objectives. Understanding the difference between these two powerful legal tools can help you make informed decisions and ensure your wishes are carried out exactly as intended.

A will is a legal document that outlines how your assets should be distributed after your death. It also allows you to appoint an executor to manage your estate and, most importantly for parents of young children, designate a legal guardian. While a will is an essential component of nearly every estate plan, it generally goes through Louisiana's succession (probate) process before assets are distributed. Working with an experienced estate planning attorney ensures your will complies with Louisiana law and accurately reflects your intentions.

A trust , on the other hand, can provide greater flexibility and control over how and when your assets are distributed. Certain trusts may help your loved ones avoid probate, maintain privacy, provide for beneficiaries over time, or protect assets in the event of incapacity. Trusts are often valuable tools for families with significant assets, blended families, individuals planning for long-term care , or anyone seeking greater control over their estate.

At Losavio & DeJean Elder Law Firm , we help Louisiana families determine whether a will, a trust, or a combination of both best fits their unique needs. Estate planning isn't about how much you own—it's about protecting the people you love. Whether you're creating your first estate plan or updating existing documents, our experienced attorneys can help you build a plan that provides peace of mind for generations to come.

Gender Equality and Women in Retirement

Fri, 24 Jul 2026 22:11:23 GMT

Despite significant progress in women’s education, earnings, and employment, retirement planning remains imbalanced.

This has been mainly because women continue to earn less than men on average throughout their careers. This lower income makes it difficult for women to save for retirement, which is compounded by the fact that women tend to live longer and have more caregiving duties than men.

Income

According to Brookings, average lifetime earnings are significantly less for women than men. This is primarily because women deal with most of the unpaid family caregiving, which can result in breaks in their careers or cause them to change to low-wage jobs so they can maintain flexibility. Studies have even shown that women with one child earn 28 percent less on average over their career than those who do not have kids, while each additional child reduces a women’s earnings by another three percent. While this wage differential varies based on the occupation, it is almost always to the women’s disadvantage.

Retirement

Unfortunately, these lower lifetime earnings can lead to much lower retirement wealth. In fact, women receive Social Security benefits that are, on average, 80 percent of those that men receive. While numerous factors contribute to this, one reason continues to be the wage gaps mentioned above.

When women have a child, it reduces their Social Security benefits, through reduced earnings, by an average of 16 percent, and each additional child by two percent. In addition, when women leave their careers to care for their families, they not only lose income but can lose an average of $131,000 in lifetime Social Security benefits.

Security

As a result, maintaining living standards in retirement can be a major problem women face, especially since they live longer than men. Among the 90 and older population, women outnumber men by nearly 3 to 1, with 13 percent of men and 30 percent of women living to the age of 90. However, this can lead to various issues for women since they are more likely to run out of retirement savings, especially since older women are more likely to be the surviving spouse and will have to live on less Social Security income and more than likely have to deal with their partner’s medical expenses. In addition, depending on the circumstances, a husband’s social security and retirement are usually more – and cut or reduced when the husband dies.

Get Help With Your Retirement Today. Contact Losavio & DeJean, LLC Today

Not only do women have several factors they are up against regarding retirement savings, but they may also have less confidence than men when talking about money. This can lead to missed opportunities regarding retirement savings and establishing long-term savings goals early on.

However, you do not have to lose out on these opportunities. If you are approaching retirement, or want to start planning for the future, working with an experienced attorney can help make sure your property and assets are managed property. For further information about how these attorneys can help, contact Losavio & DeJean, LLC today or call us at 844.431.5334 to review your situation and start personalizing your plan.

Form Requirements for Mandates (Power Of Attorneys) In Louisiana

Fri, 24 Jul 2026 21:59:21 GMT

If you decide to create a power of attorney, be sure to fulfill the requirements to ensure that it is valid.

Requirements for Power of Attorney

Louisiana requires steps to be taken when preparing or implementing a power of attorney or “mandate”. The requirements include:

Mandates must be in writing. Verbal mandates are not recognized. So, you can’t just tell someone else that you want them to act as your agent over your person or over your property.
All of the documents must be notarized. That means it must be signed in front of a notary public and two witnesses. Even copies of the power of attorney must be certified through the original document. This is required whether or not your wishes are to be executed out-of-state.
The notary must be qualified to notarize documents in the state and parish where the mandate is executed. The witnesses must be competent (over the age of eighteen and not be interdicted). The notary cannot also serve as a witness. Also, persons named in the document (principal and agent) cannot serve as witnesses or the notary.
It is very important that a mandate be executed in proper form to ensure that is legal and valid. Otherwise, it is not required to be recognized by third parties. In an effort to save attorney’s fees and costs, many people try to “do it yourself” in signing online powers of attorneys, forms written by the person themselves or forms provided to them by other people.
Persons should take caution in trying to execute their own powers of attorney. There is an old saying “you get what you pay for”. Errors as to form can ultimately cost that person’s estate considerable fees and expense if the home-made mandate is not legal or unclear.

How We Can Help

Our Baton Rouge power of attorney lawyers at Losavio & DeJean, LLC are here to help guide you through the process in Louisiana. If you have any questions, do not hesitate to contact us for a consultation .

Estate Planning Tips for Seniors in Louisiana

Fri, 24 Jul 2026 21:55:03 GMT

Estate planning for seniors involves carefully organizing and managing personal assets and affairs to ensure their distribution aligns with individual goals and needs.

This planning process includes creating various legal documents, such as a Last Will and Testament, trusts, and durable power of attorney forms, which facilitate smooth asset transfers and authorize decision-making in the event of incapacitation. In addition to asset distribution, effective estate planning considers long-term care options, identifying resources and strategies to cover medical expenses and personal care needs in later years. By addressing these elements, you can secure your legacy, ensuring that your wishes are followed and your loved ones are cared for after your passing.

To help you get started with your estate plan, in the following guide, we will examine specific aspects of estate planning for seniors and offer practical advice for managing this crucial process.

Tip 1: Consider Creating a Will

A Will is a legal document that specifies how assets—such as property, financial accounts, and personal belongings—will be distributed among your heirs after your passing. By clearly outlining your intentions, a Will facilitates the smooth transfer of your estate and minimizes the likelihood of misunderstandings and disputes among family members or beneficiaries.

Additionally, it allows you to appoint an executor, a responsible person tasked with managing the estate settlement process, which includes paying off any outstanding debts, filing necessary tax returns, and distributing the remaining assets according to your wishes. Overall, a well-crafted Will reflects your wishes and provides peace of mind to you and your loved ones during a challenging time.

Tip 2: Look Into Health Care Directives

Estate planning is often viewed as a process concentrated mainly on the distribution of assets after death. However, an equally important component is organizing the management of your affairs in case of incapacity. Certain legal documents, like health care directives, are essential for safeguarding your wishes and interests during times when you may be unable to communicate them.

Health care directives can include living wills and health care proxies (also known as a durable power of attorney for health care). A living will allows you to outline your preferences regarding medical treatments and interventions, particularly in situations where you may be unable to communicate your desires. Meanwhile, a health care proxy designates a trusted individual to make medical decisions on your behalf, ensuring that an advocate is present to interpret your wishes and values in critical moments. These directives guide healthcare providers and loved ones, providing clarity in emotionally challenging situations.

Tip 3: Start Thinking Long-Term Care and Asset Protection

With soaring healthcare expenses and the high costs of assisted living and skilled nursing facilities, the financial strain of long-term care can quickly erode even the strongest estates. To mitigate this financial burden, seniors may consider acquiring long-term care insurance. This insurance can cover a range of services, including in-home assistance from caregivers, care in skilled nursing facilities, adult day care, and expenses related to assisted living. By taking on the financial risks of long-term care costs, an insurance policy enables seniors to protect their assets for personal use or as inheritance, helping to secure their legacy.

Furthermore, enhancing long-term care through estate planning tools such as trusts can provide further benefits and security. Trusts help protect assets from creditors and ensure they are distributed according to the individual’s preferences after death. When seniors combine the above approaches, they can retain control over their wealth and safeguard their quality of life, enabling them to enjoy retirement with increased peace of mind.

Tip 4: Contact Losavio & DeJean To Learn More About Estate Planning in Louisiana

If you are considering creating an estate plan but want more information about the legal documents involved or the process, contact Losavio & DeJean today. Together, we can develop a thorough estate plan that instills confidence for the future and guarantees your legacy endures for generations.

Estate Planning Tips Before Hurricane Season in Louisiana

Fri, 24 Jul 2026 21:49:42 GMT

Louisiana residents know hurricane season brings more than just heavy rain and high winds.

Each year, families prepare their homes and gather supplies, but many overlook another critical safeguard: their estate plan. Having your legal documents in order before a storm hits can protect not only your property but also your loved ones.

Here are several estate planning steps to take before the next storm season.

Review Your Will and Trust

Hurricane season is a reminder to revisit your estate plan. If you already have a Last Will and Testament or a trust in place, verify that the information is up to date.

Have there been new births or deaths in the family?
Did anyone get married?
Did you acquire or sell property?

Any of these changes may require an update. In Louisiana, where forced heirship laws apply, it is especially important to ensure that your will complies with state requirements.

Confirm Your Power of Attorney and Healthcare Documents

In the chaos of an evacuation or a sudden medical emergency, a power of attorney (mandate) can make all the difference. This document allows a trusted person to manage your financial affairs if you are unable to do so.

Equally vital is a health care power of attorney (mandate for health care) and a living will. These documents make your medical wishes clear and allow someone you choose to make decisions if you are incapacitated. Without them, your family may face unnecessary stress during an already difficult time.

Protect Important Documents

When a hurricane threatens, physical documents are at risk of water damage or loss. Store originals such as wills, trusts, powers of attorney, property deeds, and insurance policies in a waterproof and fireproof safe.

Many people also choose to keep a copy with their attorney or in a secure digital format. Having easy access to these documents after a storm can help speed up insurance claims, banking transactions, and succession matters.

Review Beneficiary Designations

Certain assets, such as life insurance policies and retirement accounts, transfer directly to the beneficiary named on the account. They do not pass through succession.

Review these designations to confirm they reflect your current wishes. Outdated beneficiary forms are one of the most common estate planning mistakes, and hurricane season is a good time to review and update them.

Plan for Digital Assets

Today, much of our financial and personal lives is stored online. Ensure that your executor or loved ones are aware of how to access important digital accounts, including online banking, insurance portals, and family photographs. A list of usernames and passwords kept securely can prevent frustration later.

Plan for Property Succession

If your home or other property suffers hurricane damage, ownership may become an issue during the insurance recovery process. Succession planning ensures that your assets are transferred smoothly in the event of your passing.

In Louisiana, succession laws are unique and can be complex. Having a clear estate plan in place helps avoid confusion and allows your family to focus on recovery instead of dealing with legal disputes.

Communicate With Your Family

A well-prepared estate plan is only effective if your loved ones are aware of its existence and understand your wishes. Take time before hurricane season to talk openly with your family. Explain where important documents are stored and who to contact in the event of an emergency. These conversations often ease anxiety and prevent disagreements later.

Contact Us Today To Learn More

Preparing for hurricane season means more than boarding up windows. It means safeguarding your family’s future through careful estate planning. By reviewing your will, updating powers of attorney, protecting important documents, and communicating your wishes, you can face storm season with greater peace of mind.

The attorneys at Losavio & DeJean, LLC help Louisiana families prepare for life’s uncertainties, including natural disasters. If you would like assistance updating or creating an estate plan before the next storm season, our team is here to guide you through the process. Contact us today to learn more.

Estate Planning Mistakes That Can Cost You

Fri, 24 Jul 2026 21:39:21 GMT

Estate planning is essential for safeguarding assets and loved ones following a person’s passing.

Yet, potential pitfalls can result in costly errors and increased stress, typically stemming from oversights or inadequate planning. In the following post, we will examine some common estate planning mistakes people make and provide guidance on how to steer clear of them.

Not Planning Ahead

Many people find contemplating their own mortality challenging. The idea of facing end-of-life preparations can evoke feelings of fear or superstition, leading some to avoid the subject altogether. Additionally, younger generations often operate under the misconception that legal tools such as a Last Will and Testament and powers of attorney are reserved solely for older adults. As a result, many put off drafting these vital legal documents, leaving themselves and their loved ones vulnerable and unprotected in the face of unforeseen circumstances.

Creating Your Own Estate Plan

Having estate planning documents that are incomplete or contain errors can lead to significant complications for your loved ones after you pass away. These mistakes might result in delays, disputes, or unintended distribution of your assets, which can create unnecessary stress during an already difficult time. To avoid these issues, it is wise to consider hiring a knowledgeable estate planning attorney. These legal professionals can guide you through the complexities of legal terminology and requirements, ensuring your estate plan is detailed, accurate, and tailored to your needs.

Not Sharing Your Plans with Loved Ones

Discussing your estate plan with your family is crucial for future clarity. Sharing your thoughts can alleviate confusion, prevent conflicts, and reduce stress for loved ones after your passing. Although it may be challenging, especially regarding mortality, it is important to discuss your intentions openly. This conversation can address asset distribution, care for dependents, and specific funeral wishes. Clear communication also empowers your family to honor your wishes and avoid misunderstandings that can lead to disputes.

Keeping Your Estate Plan Locked Up

Estate documents stored in a safety deposit box or tucked inside a safe at home can be challenging to access during critical times, especially when decisions must be made quickly. To streamline the process and ensure your wishes are honored, consider providing copies of your estate plan to several key individuals. For instance, share these copies with your appointed executor or trustee, who will carry out your wishes, and a trusted family member who can help navigate any unexpected situations. Additionally, share the documents with your estate planning lawyer, who can offer legal guidance and support.

Not Including Digital Assets as Part of the Plan

Many individuals tend to forget the importance of including their digital assets in their estate planning. Digital assets encompass a wide range of properties, including cryptocurrencies like Bitcoin and Ethereum, social media accounts on platforms such as Facebook and Instagram, cloud storage services that hold important documents and photos, as well as various digital files stored on personal devices. To ensure that these valuable assets are adequately managed after your passing, consider appointing a digital fiduciary in your estate plan. This trusted individual would have the legal authority to access, manage, and distribute your digital assets according to your wishes, providing peace of mind for you and your loved ones.

Not Updating Your Plans

While updating your estate plan monthly or even annually is unnecessary, reviewing it after major life events is crucial. Milestones like marriage, divorce, new children or grandchildren, and acquiring significant assets can change your situation. Not adjusting your plan may result in your assets going to unintended beneficiaries. That is why it is important to review your estate plan every three to five years.

Avoid These Common Estate Planning Mistakes, Contact Losavio & DeJean Today

If you are ready to create an estate plan and want help with the process, contact Losavio & DeJean today and work with an experienced Louisiana estate planning attorney.

Estate Planning in Your 20s, 30s, 40s, & Beyond

Fri, 24 Jul 2026 20:55:09 GMT

While discussing future plans for when you pass away is not the easiest conversation to have, it is an important one.

What’s more, these discussions should start way sooner than you may expect. In fact, to properly manage the details of your life and help your loved ones ensure your wishes are carried out, estate planning should start as early as your 20s. However, to better understand what your estate plan should contain in each stage of your life, we have prepared the below post, where we will go over everything you need to know about this process.

Estate Plans In Your 20s and 30s

Although you are probably not thinking about estate planning in your 20s, starting this process now can actually help simplify it and make it easier to make adjustments as you embark on more significant milestones such as marriage, home ownership, and even parenthood.

That is why in your 20s and 30s when it comes to estate planning, you should consider creating the following:

A Last Will and Testament
A trust
Advance directives, which can help your family with difficult decisions if something happens to you and you are in a vegetative state
A healthcare power of attorney names a person to make decisions regarding your medical treatments if you cannot make these decisions yourself
A durable power of attorney enables a person to take care of the financial and legal side of your life if you cannot handle it yourself

During this time frame, your estate plan does not have to be complicated or extensive, but it should make sure your wishes will be carried out, and the people you love are cared for if something happens to you.

Estate Plans In Your 40s

In your 40s, your life can look dramatically different than it was in your 20s. You probably have more money, are married or divorced, and may even have kids. As a result, if you do not have an estate plan already, now is a good time to start.

During your 40s, you will want to complete the same documents that were important in your 20s and 30s, as well as make sure these documents have been updated to reflect any changes to your life. You will want to ensure your elderly parents have their estate planning affairs in order as well.

Estate Plans in Your 50s and Beyond

In your 50s and 60s, you will want to revisit your estate plan and make updates to certain documents, such as your advance directions or your power of attorney. During this time, you may also want to consider establishing a trust that can help preserve your assets if you must go into a nursing home.

Find Out What Your Estate Plan Should Look Like Today

No matter what age you are, if you are considering an estate plan, contact an experienced Louisiana estate planning attorney at Losavio & DeJean, LLC. We can review your questions and concerns and determine which of our services you may need.

Estate Planning in Louisiana: 3 Common Probate/Succession Questions

Fri, 24 Jul 2026 20:52:06 GMT

Probate is a legal process where the court oversees the administration of an estate.

This process usually involves validating an individual’s Last Will and Testament, distributing assets to the proper beneficiaries, and satisfying debts. If there is no Will, probate is the general administration of the decedent’s estate according to the state’s laws. In Louisiana, the legal term for probate is referred to as succession.

Unfortunately, while the process is very important, many people do not actually know what the process entails and often have various questions about it. That is why below we provide answers to three of the most commonly asked questions regarding the probate/ succession process in Louisiana.

1. When Is Succession Necessary in Louisiana?

According to the laws in Louisiana, if a person dies with or without a Will and their estate has a value greater than $125,000, the surviving children and spouse much go through probate. This process will ensure that the appropriate heirs receive their shares of the estate as indicated by the decedent. However, it is important to note that the estate value is different from the deceased’s assets. That is why it is critical to understand what property is included in the estate of your loved one.

2. Who Is Responsible for Succession?

If the decedent did not leave a Will, a spouse, heir, or even a creditor can apply and become an Administrator. The Administrator will have to take a specific oath and post a bond to proceed with the process. If the decedent had a Will, the person named in the document will be appointed the Executor and can waive the bond.

While the positions are different, typically, both will be responsible for preparing a list of the decedent’s assets, selling them to pay debts of the estate, and issuing the remainder to the appropriate parties.

3. How Can an Experienced Estate Lawyer Help with the Succession Process in Louisiana?

Dealing with the succession process can be a challenging undertaking. Fortunately, you do not have to take on this process alone. When you consult with an experienced Louisiana estate lawyer, these legal professionals can make sure that the process goes smoothly, that debts are paid, and property passes according to the laws of the state. In addition, these skilled attorneys can also:

Ensure that Louisiana laws are followed.
Help get an administrator or executor appointed.
Make sure the right succession is opened.
Help ensure that titles are transferred properly.
Get a Judgment of Possession so that heirs can inherit property.
Help save you and your loved ones time, money, and a significant amount of stress by handling the succession process for you.
Provide you with the legal support you need during this challenging time.

Contact Losavio & DeJean, LLC Today

For further information regarding Louisiana’s succession laws, or if you have other questions regarding the process, contact Losavio & DeJean, LLC today to schedule a consultation with our experienced legal team and get the answers and information you need.

Estate Planning For New Parents

Fri, 24 Jul 2026 20:30:29 GMT

When caring for a new baby, the last thing you want to think about at this time is an estate plan.

However, it is worth taking the time to talk to an estate planning attorney about your options.

As a new parent, the primary benefit of an estate plan is to ensure your child is provided for if something should happen to you, giving you the peace of mind that your baby will be taken care of if the worst occurs.

That is why in the guide below, we will review some key documents you should consider to help make sure your child is protected no matter what happens in the future.

Create a Will and Think About a Guardian

When parents have a child, one of their top priorities is to choose a guardian who can take care of their child in case something happens to them. However, to appoint this guardian, they must first create a Last Will and Testament. If they already have one, they should update it to include the appointment of a guardian.

Appoint an Executor

When creating a Will, individuals will also need to appoint an executor, who will be responsible for distributing the property involved, paying debts, and controlling the assets that may end up going to the children. That is why it is critical to choose executors wisely.

Consider a Trust

Another document that new parents should think about creating is a trust for their children. When you place assets in a trust, they will not need to go through the probate process, and it can help save on taxes.

These trusts allow parents to name a designated person to manage money on behalf of their children and provide instructions for how a trustee can use the funds to help care for the children as they grow up. Parents can even set conditions before children can receive the assets in the trusts, such as requiring the children to be 21 years old before they get any of the funds.

More importantly, trusts are not only for the wealthy. They are also for parents who want more control over how their assets can help their children after they are gone.

Create a Power of Attorney

A Power of Attorney under Louisiana laws is referred to as a Mandate and gives a person the authority to act on your behalf regarding financial decisions and medical decisions. Having this document is essential when you have a child because if something happens and you become incapacitated, you can ensure someone you trust will be able to get access to your accounts to take care of your child.

Contact Losavio & DeJean, LLC To Discuss Your Estate Plans

If you just went through a significant life change, such as a marriage or a child’s birth, reach out to an experienced Louisiana estate planning attorney at Losavio & DeJean, LLC today. Our legal team can review previous estate plans and update them as needed or help you figure out what needs to be done that is in the best interest of your new family.

Do not wait any longer. Contact our firm today or call us at 844.431.5334 to schedule a meeting with a member of our team.

Understanding Succession in Louisiana: What Every Family Should Know

Tue, 21 Jul 2026 15:01:43 GMT

Unlike many states that refer to the legal process after someone passes away as "probate," Louisiana uses the term succession . While the terminology is different, the purpose remains the same: ensuring a deceased person's property is transferred legally to the appropriate heirs or beneficiaries. Whether your loved one left behind a will or passed away without one, a succession may be required before assets can be transferred, sold, or distributed. At Losavio & DeJean , our attorneys help Louisiana families navigate every step of this process with compassion and experience.

A succession begins by identifying the deceased person's assets, debts, heirs, and any valid estate planning documents. If there is a valid will , the court generally follows the wishes outlined within it. If there is no will, Louisiana's intestate succession laws determine who inherits the estate. Depending on the complexity of the estate, the process can involve court filings, creditor notifications, appraisals, tax considerations , and the preparation of legal documents necessary to transfer ownership of assets.

Many people assume that succession only applies to large estates, but that is not always true. Even relatively modest estates may require legal action if real estate is involved or if financial institutions require court authorization before releasing assets. Families often discover that bank accounts, investment accounts , vehicles, or family homes cannot be transferred until the succession has been completed properly.

Working with an experienced Louisiana succession attorney helps families avoid unnecessary delays, legal complications, and costly mistakes.

At Losavio & DeJean , we guide clients through every phase of the succession process while helping preserve family harmony during an already emotional time. If your family is facing the loss of a loved one, professional legal guidance can make the process significantly less stressful while ensuring Louisiana law is followed correctly.

Estate Planning for Children With Disabilities

Fri, 17 Jul 2026 21:25:47 GMT

All parents worry about their children, especially when it comes to their future.

However, when a parent has a child with disabilities or special health care needs, this worry can involve numerous other concerns, such as who will take care of their child when they are gone, where their child will live, and who will help their child if they cannot work.

Fortunately, you do not have to deal with these worries alone. In fact, there are many things you can do now to ensure your child is well taken care of in the future.

Create a Special Needs Trust

A special needs trust is usually established to stop people from losing their benefits from specific government programs after obtaining a settlement. This trust not only helps protect your child’s money, but it also does not stop your child from being able to receive federal benefits like Supplemental Security Income (SSI) and Medicaid.

More importantly, even if you do not have money to put into the trusts, you can still prepare one now and reap the benefits. For instance, you can make this trust the beneficiary of your estate and life insurance, which can ensure these benefits and assets do not go to your child when you pass away. If they do, it can make your child ineligible for federal benefits.

However, if you are considering creating a special needs trust for your child, reach out to an experienced Louisiana estate planning attorney as soon as possible. These attorneys can determine whether this trust is the right option for you and your family and make sure it is set up correctly.

Choose the Right Caregiver

Another important task you should take care of sooner rather than later is appointing a caregiver for your child. These caregivers can ensure your child has someone to help them with their financial and healthcare decisions after they reach adulthood if you are no longer available to help them. However, because it can take some time to set up this caregiver role, you should start the process as soon as you can.

Work With an Experienced Louisiana Estate Planning Law Firm

Planning for a child’s future can be challenging, especially due to the factors families need to consider when their child is disabled, such as the emotional, financial, and legal factors. Fortunately, when you work with an experienced Louisiana estate planning law firm, you will not have to handle this challenging situation yourself. Instead, these legal professionals can help you develop a coordinated plan to meet your family’s needs.

Contact Losavio & DeJean, LLC Today and Learn About Your Family’s Options

If you are looking for more information regarding planning for your child’s independence, contact us online today or call us at 844-977-4611 to schedule a confidential, free consultation. Our skilled legal team can answer your questions, go over your concerns, and help you better understand what actions you should take now to help your child in the future.

Estate Planning Basics in Louisiana

Fri, 17 Jul 2026 21:17:02 GMT

Although many people tend to believe that estate planning is only for the wealthy, the truth is that almost everyone has an estate.

This is because an estate refers to anything you own, including your home, motor vehicle, investments, personal property, and financial accounts. What’s more, a solid estate plan can do more than just prepare certain legal documents such as a Last Will and Testament or healthcare directives. It can also help individuals preserve their relationships with those they love.

What Is Estate Planning?

Estate planning is the process of determining which person or entity will receive your possessions once you pass away. It also deals with leaving instructions on how to manage your care and assets if you become incapacitated and cannot make any financial or medical decisions.

How Does an Estate Plan Work?

A properly laid out estate plan will dictate who will get your assets when you pass away. It will also designate which person can make critical decisions regarding your healthcare and finances if you become incapacitated.

If you have a minor child, the estate plan can also allow you to name a guardian who can take care of them until they reach 18 years old if something should happen to you.

What Is Included in a Basic Estate Plan?

Typically, an estate plan should include documents to cover certain types of areas, including asset transfer, financial decisions, and medical needs.

A Last Will and Testament

This legal document can help express your last wishes when it comes to the distribution of your property or other types of assets.

Trusts

This legal agreement allows a party (the settlor) to give another party (the trustee) the right to hold onto their assets and property on behalf of another (the beneficiary) or for their benefit.

Medical Power of Attorney

In Louisiana, a Medical Power of Attorney is a legal document that allows a person or entity to be able to make medical care decisions for another person. This includes requesting or refusing medical procedures or treatments when an individual is unable to do so on their own.

HIPAA Authorization

This form allows others to view your medical information or records.

Power of Attorney

In Louisiana, a Power of Attorney (POA) is referred to as a mandate. When you provide another person power of attorney, you are giving that individual authority to act on your behalf, usually to make medical decisions, financial decisions, or both.

To Figure Out Your Estate Plan, Contact Losavio & DeJean, LLC Today

If you are considering creating an estate plan in Louisiana but want more information about your options or which plans would work best for you and your family, do not wait any longer to get the answers you need. Contact Losavio & DeJean, LLC today. Our legal team can assist you in making critical decisions regarding your financial, personal, and healthcare matters in the event of death or incapacity and create a comprehensive estate plan tailored to your needs.

End-of-Year Estate Planning Checklist for Louisiana Families

Fri, 17 Jul 2026 21:09:14 GMT

As the year winds down and life gets busier with holidays, travel, and last-minute to-do lists, it is easy to push estate planning to the back burner.

Yet this is exactly when a quick review can make the biggest difference for your family. A few simple checks before December 31 can help you protect what you have built, avoid surprises, and enter the new year feeling organized and confident.

Review or Update Your Last Will and Testament

A Last Will and Testament should reflect your current wishes. Life changes throughout the year. Marriage, divorce, a new child, a move, or a change in assets may require updates.

Louisiana’s succession laws differ from those of other states, especially regarding community property, forced heirship, and the formal requirements for a valid will. If your existing will does not meet Louisiana’s requirements or was drafted in another state, the end of the year is the right time to have it reviewed.

Confirm or Update Your Beneficiary Designations

Many Louisiana residents assume their will controls everything they pass down. In reality, accounts with beneficiary designations transfer outside of the will. These include life insurance, retirement accounts, annuities, and certain bank accounts. Review each account to make sure the listed beneficiaries are current. Outdated designations are one of the most common estate planning mistakes and can unintentionally leave the wrong person in control of important assets.

Evaluate Your Power of Attorney Documents

Financial and medical powers of attorney are essential for incapacity planning. If something happens and you cannot manage your affairs, these documents allow a trusted person to step in.

Louisiana requires specific language for a power of attorney to be effective. If your documents are more than a few years old or if your named agent is no longer the best choice, updating them before December 31 can help ensure you have the protection you expect.

Review Your Living Will and Healthcare Decisions

Louisiana’s living will declaration outlines your wishes regarding life-sustaining procedures. If your preferences have changed or if you have never completed one, now is a good time to do so. This ensures your family and medical providers know exactly what you want during a medical emergency, reducing stress and confusion.

Evaluate Trusts or Consider Creating One

Trusts can help families avoid probate, protect assets, plan for a loved one with special needs, or manage property for minor children. If you already have a trust, confirm that it is properly funded and that its terms still align with your goals.

If you do not have one but want more control over how your assets are handled, discuss whether a revocable living trust or a specialized trust would benefit your family before the new year.

Organize and Safeguard Your Important Documents

Your estate plan is only helpful if your loved ones know where to find it. Make sure your will, powers of attorney, trust documents, insurance policies, and asset lists are stored safely.

Tell at least one trusted person how to access them. The end of the year is a good time to consolidate paperwork and confirm everything is up to date.

Talk With Your Loved Ones and Your Attorney

Clear communication reduces conflict and confusion later. Consider discussing your general wishes with your family and scheduling a year-end meeting with your estate planning attorney. A brief conversation can help ensure that your plan complies with Louisiana law and fully protects your family.

Losavio and DeJean, LLC assists Louisiana families with end-of-year planning and long-term estate strategies. If you need help reviewing or updating your plan before December 31, our team is here to guide you.

Do You Suspect Undue Influence in a Louisiana Will?

Fri, 17 Jul 2026 20:46:23 GMT

Estate planning documents such as a Last Will and Testament and trust are in place to allow individuals to decide what will happen to their property after they pass away.

Unfortunately, sometimes these documents do not adequately represent their wishes, especially if these individuals were taken advantage of by a person they trusted. Fortunately, in Louisiana, there are things an heir can do if they suspect undue influence in a will, and in the below post, we will go over these options.

What Is Undue Influence?

Undue influence is a term used to describe when a person in a position of power or trust uses excessive pressure to cause a person to change their will or trust in a way that does not truly represent how they want to see their property distributed after they pass away.

In general, undue influence tends to show up in the following situations:

Lies and Deception : When a person does not know what is happening because they are being lied to and ultimately changes their will because of the lies.
Threats : When a person is worried for their own safety or their loved one’s safety, they may feel they have to change their will to keep everyone safe.
Isolation : When the individual deploying the influence has isolated the testator from friends and relatives, so they can get them to change their will.

However, it should be noted that even if people pressure or try to influence a person to create a will in a certain way, that is not the same thing as undue influence. When the person creating the will can make their own decisions, even if someone is providing an opinion on what they should do, this will usually not cause the will creator to change the document unless they want to.

How To Prove Undue Influence

Proving undue influence in Louisiana can be challenging, especially because the person who created the will cannot come and testify about their intentions. Fortunately, there are ways that loved ones and family members can bring up the issue of undue influence. However, they will typically have to establish the following:

The document makes unexpected or unusual bequests given the testator’s behavior and relationships.
The creator of the will was vulnerable to undue influence because of their age, illness, or the nature of the relationship with the individual applying the influence.
The individual applying the excessive pressure benefited from the will, which reflects the influencer’s desires rather than the testator’s.

Evidence That Can Be Used To Prove Undue Influence

To establish undue influence, it may be necessary to present the following evidence:

Individuals who knew the will’s creator, such as relatives, doctors, caregivers, friends, lawyers, and financial advisors, may need to testify.
If there were other versions of a will, they can be used as relevant evidence to show what the testator truly wanted.
If the testator was vulnerable to excessive pressure, their mental capacity could be relevant in showing there was undue influence.

Generally, the individual bringing the issue of undue influence has the burden of establishing that this influence occurred. Yet, if the individual who allegedly applied undue influence had a fiduciary relationship with the testator, that individual may have the burden of showing they did not exert excessive pressure.

For More Information Regarding Undue Influence in Louisiana, Contact Losavio & DeJean, LLC Today

If you believe a person exerted undue influence on a loved one or family member in the drafting of their will, contact Losavio & DeJean, LLC today or call our legal team at 844.431.5334 to go over your options.

Do You Need Digital Asset Planning in Louisiana?

Fri, 17 Jul 2026 20:24:39 GMT

In the modern digital era, we often store our most treasured belongings in the form of digital files and online accounts.

These may include family photos and meaningful personal and business communications, among other things. However, what happens to all of this digital property when you pass away?

What Are Digital Assets?

A digital asset is anything that exists only in digital form and comes with unique usage rights or permission for use. Digital assets include things such as:

Email accounts
Blogs
Social medial accounts
Domain names
Cloud storage accounts
Online shopping accounts
Cryptocurrency
Gaming accounts
Utility accounts
Subscription services

When your loved ones try to seek access to these digital accounts after you pass away, they may be denied your login information. In some instances, the online service providers may even proceed to delete or deactivate the accounts, and your loved ones can lose access to your digital property forever.

Challenges Surrounding Digital Estate Planning in Louisiana

Unfortunately, securing digital assets in Louisiana is challenging. This is due to several factors, including the following:

State Laws: The laws in Louisiana regarding digital assets will vary depending on the service provider and the type of assets involved.
Control Problems: In general, access to digital assets is usually restricted to the account owner. As a result, trying to access or manage these assets can be difficult without login credentials.
Privacy Problems: Digital assets often contain sensitive personal information that will need to be protected even once the owner of the digital assets has passed away.

Keep Your Digital Assets Safe In Louisiana

If you want to ensure your digital assets are protected and distributed according to your wishes, consider the following strategies:

Create an inventory of all your digital assets, such as your electronic devices, online accounts, and other digital assets.
Designate an individual to be your digital executor to ensure your digital assets are managed according to your wishes.
Create a Last Will and Testament and include digital asset provisions in your Will to ensure these assets are managed correctly.
Keep your access credentials secure to ensure your digital assets can be accessed and managed after you pass away.
Regularly review and update your estate plan to ensure your digital assets are secure and distributed to the individuals you want. Try to review this plan at least once a year or when a significant life event happens.

However, to better understand your options when it comes to keeping your digital assets safe in Louisiana, consider speaking to an experienced Louisiana estate planning attorney as soon as possible. These legal professionals can ensure that your digital assets are protected, and a plan is set in place to make sure these assets pass on to your loved ones.

Contact Losavio & DeJean, LLC Today To Go Over Your Digital Asset Plan

If you want to know more about keeping your digital assets safe or want further details about estate planning in Louisiana, contact Losavio & DeJean, LLC today or call us at 844.779.2551.

Do You Need a Will in Louisiana?

Fri, 17 Jul 2026 20:08:57 GMT

While a Last Will and Testament is not mandatory, if there is no Will, state laws, also known as laws of intestacy, will determine the distribution of a deceased person’s assets.

Unfortunately, this may not align with the decedent’s last wishes or desires, which is why creating a Will is often recommended. To learn more about these documents and how they can help you, in the below blog post, we will provide a comprehensive overview of how a Will can be beneficial to have in Louisiana.

What Is a Will?

A Will is defined as a legal document that expresses how a person wants their assets and property distributed after they pass away. By having this document, individuals will be able to indicate exactly how they want their estate handled after they are gone, which can ensure that loved ones honor their wishes.

The Benefits of Having a Will

Although there are many benefits to having a Will, some of the top reasons that individuals obtain these documents include the following:

Saves You Time

Almost all estates have to go through the probate process to start the distribution of assets. However, when you have a Will, you can help minimize the time and costs involved with the process and make it easier for your loved ones to ensure your wishes are fulfilled.

Decide Who Gets Your Assets and Property

Creating a Will is an important step in deciding how your property will be distributed after your death. It enables you to specify who will receive certain assets and also allows you to assign the remaining property to individuals of your choice. Furthermore, a Will can be used to ensure that certain people, such as an ex-spouse, do not receive anything.

Name a Guardian For Your Children

As a parent, having a plan for your minor children is important in case something should happen to you. That is why many people use a Will to name a guardian responsible for caring for their children’s needs after they are gone, including providing food, health, education, and housing. If you do not designate a guardian, the court will choose one for you, which may not align with your preferences.

Help Settle Family Disputes

If you have complex family relationships or dynamics, it is often recommended that you create a Will. This is because when you pass away without leaving a Will, your family members will have to make assumptions about your final wishes. This may lead to disagreements, create friction, and even result in fights. However, creating a Will can help eliminate any guesswork and provide clarity to your family members regarding your final wishes.

Contact Losavio & DeJean, LLC To Get Started On Your Will

If you are considering creating a Will or want more information about the process or how a Will can benefit you and your situation, contact Losavio & DeJean, LLC today and find out how our firm and experienced estate planning attorneys can help you.

Do You Need A Trust if You Already Have A Will in Louisiana?

Fri, 17 Jul 2026 20:04:50 GMT

If you already have a Last Will and Testament, you may wonder whether creating a trust is necessary, especially in Louisiana, where estate laws are unique due to the state’s civil law system.

While a will is an essential part of any estate plan, it doesn’t always address every need or concern. Depending on your goals, a trust may offer benefits that a will alone cannot provide.

Understanding the Role of a Will in Louisiana

A will is a legal document that outlines how your property should be distributed after your death. In Louisiana, a valid will allows you to name beneficiaries, appoint an executor to manage your estate, and designate guardians for minor children.

However, having a will does not avoid probate. In fact, a will must go through the probate process, known in Louisiana as “succession.” During succession, a court oversees the validation of your will, the payment of debts, and the distribution of your assets. This process can be time-consuming, public, and costly.

What Is a Trust?

A trust is a legal setup enabling you to transfer property to a trustee, who manages the assets for the benefit of your selected beneficiaries. Trusts come in many forms, but one of the most common types is a revocable living trust, which you can modify or revoke during your lifetime.

Unlike a will, assets held in a trust typically bypass probate and are distributed directly to your beneficiaries upon your death. This can provide a faster, more private, and more efficient transfer of your estate.

Why Might You Need a Trust if You Already Have a Will?

While a will covers the basics, a trust can offer significant advantages in the following situations:

Avoiding Succession (Probate)

In Louisiana, succession can be a lengthy and public process. A trust allows you to avoid this by transferring your assets directly to your beneficiaries. This can be particularly valuable if you own property in multiple states or want to minimize legal costs and delays for your family.

Privacy Concerns

Wills become a public record once they are filed with the court. Trusts, on the other hand, are private documents. If you prefer to keep your financial affairs confidential, a trust is a better option.

Incapacity Planning

A will only takes effect upon your death. If you become incapacitated, a trust can empower your trustee to manage your assets without the need for court intervention. This can prevent the need for a court-appointed conservator or guardian.

Protecting Minor or Special Needs Beneficiaries

If you want to leave assets to children or beneficiaries with special needs, a trust allows you to set terms for how and when they receive the inheritance. This can protect them from mismanaging funds or losing eligibility for government benefits.

Do You Need Both?

In many cases, the best estate plan includes both a will and a trust. The will can serve as a backup for any assets not transferred into the trust (known as a “pour-over will”), while the trust handles the bulk of your estate. Together, they provide a comprehensive plan that minimizes complications and honors your wishes.

Talk To a Louisiana Estate Planning Attorney

Louisiana’s estate laws are different from those in other states, and creating an effective plan requires guidance from an attorney familiar with the state’s civil law traditions. At Losavio & DeJean, LLC, our estate planning attorneys can help you determine whether a trust is the right choice for your situation.

Whether you need to update an existing will or explore the benefits of a trust, we’re here to help.

Do You Need an Estate Plan If You're Single?

Fri, 17 Jul 2026 19:52:38 GMT

Many believe estate planning is only necessary if they are married, have children, or possess significant wealth.

However, regardless of age or relationship status, estate planning is crucial. Even if you do not have a spouse or children, if you pass away without a plan, your assets will be distributed according to the court’s discretion. As a result, your cherished possessions may not end up in the hands of loved ones, such as siblings, cousins, or non-blood relatives.

Understanding Intestate Laws

When a person dies without a Last Will and Testament, it is said they died intestate, which means that a state probate court will have to figure out how their assets will be distributed. As a result, if a single person passes away, their surviving parents and siblings will rule to inherit equal shares of the estate. If there are no surviving first-degree relatives, the estate will be divided equally between the remaining family members.

Why Create an Estate Plan

While property and assets may pass on to loved ones after a person passes away, even without a will, it does not mean they will pass to the right individuals. Without an estate plan, the court will distribute a decedent’s things, property, and assets according to the intestate succession laws. If there are no heirs, the belongings will become the property of the state.

However, what happens if you have other plans for your things, such as passing them to friends or a charity? Without a plan, your wishes may never come to fruition.

Create a Will

One way to ensure that your intentions are carried out regarding your assets is to create a will. Even if you do not have a spouse or children, you likely have someone in your life or an organization you want to get specific property or financial assets.

Creating a will can ensure that your things go to those you want them to go to, prevent the state from claiming your assets when there are no heirs, and allow you to appoint an executor to settle the estate. For further information about wills for single people, consider discussing the process with an experienced estate planning lawyer today.

Consider a Living Trust

Another option, if you are single, is to set up a living trust. This trust places your assets in a trust, and the representative you name will transfer the assets to your designated beneficiaries after your death. The benefit of this legal arrangement is that it lets you decide how your assets will be managed and distributed both during your lifetime and after your passing. Plus, these trusts will still allow you to control the assets.

Contact Losavio & DeJean, LLC, and Get Help Planning for Your Future

Even if you are single, you probably still want to be able to choose who or what organization gets your most prized possessions or the hard-earned assets you worked your whole life for. If you want further information regarding estate planning, contact Losavio & DeJean, LLC today or call us at 844.431.5334 to schedule a consultation with our team.

Do You Need A Louisiana Estate Planning Attorney?

Fri, 17 Jul 2026 19:39:17 GMT

Estate planning attorneys are not just limited to preparing a Last Will and Testament or trust.

In most cases, they can assist with a full range of end-of-life arrangements. If you are considering hiring a Louisiana estate planning attorney but want to learn more about their services, this blog post will explain what these legal professionals do and how they can help you.

What Is an Estate Planning Attorney?

An estate planning attorney is a legal professional who deals with federal and state laws related to estates, trusts, and probate. These attorneys are often responsible for reviewing a person’s situation and helping them create or update their estate plan to ensure it aligns with their wishes.

Some of the documents that an estate planning attorney can help with include the following:

A Last Will and Testament : A Will is created by a person to express what they want to happen to their affairs and assets after they pass away. These documents can name individuals or organizations as beneficiaries and designate guardians for minor children.
Trust: A trust is a fiduciary arrangement that allows another party to hold assets on behalf of a beneficiary. These trusts can be arranged in several ways and specify exactly how and when the assets will pass to the beneficiaries.
A Living Will : This document, also known as a health care directive, is a legal document that allows an individual to specify their medical treatment preferences in certain circumstances, such as life-sustaining measures. Individuals may also use this document to name an agent they want to make decisions on their behalf if they cannot do so on their own.
A Power of Attorney: This legal document provides broad authority to a person to act on behalf of another individual.

Working with an estate planning lawyer can provide you with further insight into these documents and advise on other options for caring for your loved ones and minimizing estate and inheritance taxes.

When May You Want To Consider Hiring an Estate Planning Lawyer?

There are various reasons why an individual may want to hire an estate planning attorney. These legal professionals can create and review estate plans, help you determine what other legal options you may have when it comes to planning for your future, and be a reliable source to go to when you need help. Additionally, individuals often retain the assistance of an estate planning attorney when:

They have a blended or large family
They have children who are minors
They have loved ones with special needs
They believe a family member may contest their Will
They own a company or an investment property
They want to create a trust
They are worried about inheritance taxes or estate taxes
They have assets in other countries or states
They want to protect their legacy

No matter why you want to hire an estate planning attorney, getting in touch with these legal professionals can give you more information about your legal options for planning for the future. They can also offer different legal pathways to ensure your future wishes are fulfilled.

Learn More About Estate Planning, Contact Losavio & DeJean Today

At Losavio & DeJean, we are equipped to assist you in utilizing estate planning tools such as Wills, trusts, and powers of attorney to protect your future and preserve your legacy. Our experienced Louisiana estate planning attorneys can also aid you in safeguarding the assets and property you have diligently acquired and provide services in business and tax planning, entity formation, wealth preservation, and more.

For further information about our estate planning services, contact Losavio & DeJean, LLC, today and speak with our legal team.

Do You Need a HIPPA Release in Louisiana?

Fri, 17 Jul 2026 19:21:06 GMT

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that protects a patient’s privacy by creating national standards for safeguarding sensitive patient information from being released.

Under HIPAA, however, the release of medical details to a patient and their personal representative is allowed. Medical providers may also be permitted to disclose information to an individual involved in the patient’s care.

Yet, while the caregiver policy may work well in some situations, it may still be a good idea to have a HIPAA release form ready. This form provides specific written authorization to individuals involved in their loved one’s care to obtain details about their condition, treatments, and other medical issues.

Should You Sign a HIPAA Release?

While signing a HIPAA release may cut down on your privacy regarding your medical information, it can help ensure that specific individuals are able to receive critical details about your health.

This release lets doctors or other healthcare establishments provide your health information to specific third parties, including:

Loved ones that are assisting with your health care decisions
A lawyer who is helping you with certain types of legal claims

It should also be noted that even with this release, medical care providers can only share information that is required to accomplish a specific objective.

What Does a HIPPA Authorization Form Include?

In general, a HIPAA consent form includes the following information:

The specific information that will be allowed to be disclosed
The individuals who will be allowed to make the disclosure
The people who may access this particular information
The reason why this information can be disclosed
An end of the disclosure period
The patient’s signature or their representative’s signature

However, to better understand how these forms work or what needs to be included in them, consider going over the details with an experienced Louisiana estate planning lawyer. These legal professionals can answer the questions you have and assist you in preparing the HIPAA authorization form.

Should You Add a HIPAA Authorization Form To Your Estate Plan?

When you include HIPAA authorization in your estate plan, it can make sure that your family knows your wishes when it comes to access to your health care records and who can actually communicate with your health care providers.

This will also allow your loved ones to speak to doctors about your condition, care, and treatment and will enable them to better plan for the future.

Learn More About HIPAA Authorization Forms, Contact Losavio & DeJean, LLC Today

If you are thinking about signing a HIPAA release form to share medical details with your family members or want further information about other options you have in regard to your health care, such as a medical power of attorney, reach out to Losavio & DeJean, LLC today. Our legal team can walk you through these different choices, help you better understand if they are a good option for you and your loved ones, and ensure that everything is prepared accurately.

Do You Need a Gun Trust in Louisiana?

Fri, 17 Jul 2026 19:14:22 GMT

A gun trust is used primarily to help pass firearm ownership to other individuals when the gun owner dies.

Not only are there numerous benefits of these gun trusts, especially in Louisiana, but these trusts also allow gun owners to have peace of mind that their guns are going to people they can rely on. Unfortunately, many people either do not know about these gun trusts or are unsure how to create one in Louisiana. That is why below, we will go over everything you need to know about Louisiana gun trusts and review how they can help you plan for the future.

How Do You Create a Gun Trust in Louisiana?

There are two types of trusts that gun owners in Louisiana can choose from. They include the following:

A Revocable NFA Gun Trust : This type of trust allows you to pass on firearms to certain individuals that you name in the trust. It also lets the trust’s creator change these trustees, include additional people, or make any other updates needed during their lifetime.
An Irrevocable NFA Gun Trust : The irrevocable gun trust, on the other hand, allows gun owners to create a trust that will spell out to whom they want their firearms to be distributed if they become incapacitated or pass away. However, once the trust is completed and signed, the trust creator is not allowed to make any further modifications.

Determining which of these trusts is a better option for you can be confusing. That is why if you are thinking about creating a gun trust, consider discussing your choices with a skilled Louisiana gun trust lawyer. These legal professionals can help you better understand what these gun trusts are and which of these options may be a better fit for your needs.

Why Should You Create a Gun Trust in Louisiana?

There are many advantages to setting up a gun trust in Louisiana. For example, these trusts can:

Allow for multiple beneficiaries to use the indicated firearms.
Help individuals avoid probate.
Provide individuals with more privacy.
Help gun owners avoid some of the legal complications typically encountered when transferring gun ownership.
Protect the executor of the estate, especially when they are not familiar with gun laws or how to properly distribute them after an individual passes away.

However, if you are looking for further information regarding the benefits of these trusts, contact a knowledgeable Louisiana gun trust lawyer as soon as possible. These legal professionals can walk you through not only the pros of establishing this trust but the legal steps involved.

Contact Losavio & DeJean, LLC Today To Learn More About Your Trust Options

If you have questions regarding estate planning or are looking into creating a trust, contact Losavio & DeJean, LLC today by filling out an online form or call us at 844-431-5334 to arrange a free case consultation. Our knowledgeable legal team can review your questions and determine which of our services can help you.

Do You Actually Need an Estate Plan in Louisiana?

Fri, 17 Jul 2026 19:02:23 GMT

It is understandable that thinking about estate planning can be overwhelming and uncomfortable.

It can be challenging to consider what will happen to your assets and those you care about most when you are no longer around. However, it is important to remember that estate planning is essential to ensuring your wishes and loved ones are cared for in the future. To further clarify how estate planning can help you, we have prepared the blog post below, where we will go into detail about whether you actually need an estate plan in Louisiana.

Estate Planning Helps Avoid Probate

Probate is a legal procedure your estate will undergo after you pass away. During these proceedings, the court will begin the process of distributing the estate to the proper heirs. Fortunately, when a person has an estate plan, it can help their loved ones avoid this lengthy, expensive, and stressful process.

Estate Planning Helps Prepare for Medical Issues

Unfortunately, not planning ahead for medical issues can leave a lot up to chance and put loved ones in a challenging position. These family members will be forced to make difficult decisions on your behalf, even when they are not sure what you would want under the circumstances. However, by setting up provisions in an estate plan and ensuring your desires surrounding medical care are understood, you can avoid all of these issues.

Estate Planning Helps Provide for Family Members

Preparing an estate plan can help ensure you leave everything to those you want to have your assets, including financial assets, life insurance, and personal property. Otherwise, these decisions could be left to the courts to figure out who gets what.

Estate Planning Helps Avoid Family Disagreements

A proper estate plan can help make intentions clear, reducing stress and disagreements within the family. Even if your family may disagree with the decisions, they will clearly know what you want.

What Would Happen If You Do Not Have an Estate Plan in Louisiana?

If you do not have a comprehensive estate plan, you will be leaving everything up to the courts. As a result, your loved ones may not be able to get the things you had planned for them to get. Furthermore, the court will also be responsible for appointing individuals to handle critical aspects of your estate, including:

A guardian for minor children
A personal representative to help oversee asset distribution.

Although this individual will often be a family member, this does not mean it is the person you would want or have chosen to take care of these crucial issues.

Contact Losavio & DeJean, LLC Today and Learn More About Estate Planning in Louisiana

If you want to know more about estate plans in Louisiana and how they could help you and your loved ones, contact Losavio & DeJean, LLC today.

Our legal team makes sure to provide our services in a caring, prompt, efficient, and cost-effective manner without losing sight of the fact that our clients have chosen us from numerous other law firms. We recognize that you have put your trust in us, and we are privileged to assist you.

Does A Will In Louisiana Have To Be Notarized?

Fri, 17 Jul 2026 18:56:58 GMT

If you are creating a Last Will and Testament in Louisiana, one of the most common questions is whether notarization is required.

The answer depends on the type of will you choose. Louisiana law is unique compared to many other states, so understanding these requirements can help you avoid costly mistakes and ensure your wishes are honored. In this guide, we break down Louisiana’s notarization rules in a simple and practical way.

The Short Answer

In Louisiana, a will does not always have to be notarized. However, most people benefit from having a notarized will because it makes the probate process smoother and faster.

Types of Wills in Louisiana

Louisiana recognizes two main types of wills:

Olographic Testament (Handwritten Will)

An olographic testament is a will that is entirely handwritten by the person creating it. To be valid in Louisiana, it must meet three requirements:

It must be written completely in the testator’s handwriting
It must be dated
It must be signed by the testator

This type of will does not require a notary or witnesses. While it is legally valid, it can create problems later. A court may need to verify the handwriting, which can delay probate and increase costs.

Notarial Testament (Formal Will)

A notarial testament is the more formal and commonly recommended option. This type of will must follow specific legal steps:

The will must be in writing, which can be typed
The testator must sign the will
Two competent witnesses must be present
A notary must also be present
The testator must declare that the document is their will

Because a notary is involved, this type of will is considered notarized. It is generally easier to validate in court and is far less likely to be challenged.

Why Notarization Matters

Although Louisiana allows handwritten wills without notarization, choosing a notarized will provides important advantages:

Easier probate process : Courts are more likely to accept a notarized will without additional proof
Reduced risk of disputes : Proper formalities make it harder for someone to contest the will
Clear legal validity : A notarial testament shows that all legal steps were followed

In contrast, olographic wills can raise questions about authenticity, intent, or timing.

Common Mistakes to Avoid When Creating a Will

Creating a will in Louisiana requires strict compliance with legal rules. Some common mistakes include:

Forgetting to date a handwritten will
Using partial handwriting and partial typing in an olographic will
Failing to have both witnesses and a notary present for a notarial will
Not clearly stating that the document is intended to be a will

Even small errors can make a will invalid under Louisiana law.

Which Type of Will Is Best?

For most individuals, a notarial testament is the safest choice. While it requires more formal steps upfront, it can save your family significant time, stress, and expense later.

Handwritten wills may seem easier, but they often create complications during probate. If your estate is complex or if you want to minimize the risk of disputes, working with an attorney to prepare a notarized will is strongly recommended.

Contact Us Today

So, does a will in Louisiana have to be notarized? Not always. However, choosing a notarized will is usually the smarter and more secure option.

At Losavio & DeJean, LLC, we help clients create legally sound estate plans that protect their families and avoid unnecessary complications. If you are considering drafting or updating your will, professional guidance can make all the difference in ensuring your wishes are carried out as intended. To learn more, contact us today.

Estate Planning Isn't Just for the Wealthy: Why Every Louisiana Family Needs a Plan

Fri, 17 Jul 2026 14:21:49 GMT

Why You Shouldn't Go Further Without An Estate Plan

Estate planning is often misunderstood. Many people believe it is only necessary for retirees, business owners, or individuals with significant wealth. In reality, every adult can benefit from having an estate plan in place. Whether you own a home, have children, maintain retirement accounts , or simply want your wishes respected, estate planning provides peace of mind and financial security for your loved ones.

Without an estate plan, Louisiana law determines how your assets are distributed after your passing. While state succession laws provide a framework, they rarely reflect a family's unique wishes or circumstances. An estate plan allows you to decide who inherits your property, who manages your affairs if you become incapacitated, and who will care for your minor children. Taking these decisions into your own hands reduces uncertainty and can prevent unnecessary legal complications.

Estate planning also extends beyond preparing for death. Documents such as powers of attorney , healthcare directives, trusts , and asset protection strategies can help protect your interests throughout your lifetime. Unexpected illness, disability, or long-term care needs can quickly create financial and legal challenges if proper planning has not been completed.

At Losavio & DeJean Elder Law Firm , we help Louisiana families create customized estate plans designed around their individual goals, family dynamics, and long-term financial security. Our experienced attorneys understand Louisiana succession laws and work with clients to preserve assets, reduce future stress, and create plans that evolve as life changes.

Do College Kids Need a POA?

Fri, 10 Jul 2026 20:02:40 GMT

As a parent, you know your child will always hold a special place in your heart.

However, it is important to understand that your child legally becomes an adult at midnight on their eighteenth birthday. This significant milestone not only opens the door to new opportunities and responsibilities for your child but also brings substantial changes to your relationship that both of you may find challenging to navigate, especially if they are preparing to start their college journey.

Once your child is considered a legal adult, your authority to make decisions on their behalf decreases in several key areas. For example, you can no longer make medical decisions for them or manage their financial matters as you once did. This shift can be particularly daunting, as it requires both you and your child to adjust to a new dynamic where they are responsible for their own choices and well-being. To ensure you can still assist your child in critical situations—such as healthcare decisions or financial management—it may be time to establish a power of attorney for your college student. This legal document grants you the authority to act on their behalf in specified matters, providing peace of mind while allowing your child the independence they desire.

What Is a POA?

A power of attorney is a formal legal document that an adult, known as the principal, executes to grant another adult, referred to as the agent or attorney-in-fact, the authority to make decisions on their behalf. This legal arrangement is particularly useful in scenarios where the principal may be unable to manage their affairs due to absence, health issues, or other circumstances.

POA for Your College Student

A power of attorney can be tailored to be quite specific, focusing on particular tasks or responsibilities. However, when you consider establishing a power of attorney for your college student, it may be better for you and your child to opt for a more detailed approach. This broader authority would enable you to effectively manage various important matters on their behalf, particularly if they become legally incapacitated.

In addition, those with college students should consider a power of attorney that is “durable.” This means that it will remain valid and, in effect, even if your child should lose the capacity to make decisions for themselves, ensuring continuity in management and support. This careful consideration can help both of you feel more secure about their well-being while they navigate college life.

How Can a POA Help Your Child?

Initiating a thoughtful conversation with your student about their college experience is important before they head off on this exciting chapter of their life. This planning phase should not only focus on academics and social life but also include crucial financial considerations.

One valuable step is to create and sign a durable power of attorney for their finances. This important legal document will grant you the authority to manage various financial responsibilities on your student’s behalf, ensuring their economic well-being is maintained even in challenging situations, including:

Medical Expenses Management : In a medical emergency, having a durable power of attorney allows parents to quickly pay their student’s medical bills and handle complex insurance claims. This can alleviate stress and ensure they receive the necessary care without the complications of delayed payments.
Housing Arrangements : A power of attorney can enable parents to effectively manage their student’s housing obligations.
Accessing Government Benefits : The power of attorney allows parents to apply for and receive any eligible government benefits their student may need, such as financial aid, healthcare assistance, or disability support.

Contact Losavio & DeJean for Additional Information

If you want further information about POAs and whether your child needs one, contact Losavio & DeJean, and review these questions with an experienced estate planning attorney.

Do All Estates Go Through Succession in Louisiana?

Fri, 10 Jul 2026 19:57:39 GMT

When a loved one passes away, one of the first legal questions that often arises is whether their estate must go through succession, Louisiana’s version of probate.

However, the answer depends on a variety of factors, including the value of the estate, the types of assets involved, and how those assets were titled. While many estates in Louisiana go through some form of succession, not all are required to, especially when proactive estate planning has been done.

What Is Succession in Louisiana?

Succession is the legal procedure for transferring a deceased individual’s assets to their heirs or legatees (those specified in a Last Will and Testament). This process includes validating the Will, identifying assets and liabilities, settling any outstanding debts, and distributing the property. In Louisiana, succession can be processed through a court-supervised method or, in some situations, through a more straightforward approach called “small succession.”

There are two types of succession in Louisiana: testate (when the person had a valid Will) and intestate (when there was no Will). Either way, the process ensures that property is legally and properly passed on.

When Is Succession Required?

Typically, if the deceased possessed property solely under their name, such as real estate, vehicles, or bank accounts, succession is usually required to facilitate the transfer of ownership. Common instances that necessitate succession include:

The decedent owned immovable property (such as land or a home).
The estate consists of high-value assets without designated beneficiaries.
The estate needs to pay outstanding debts before distribution.
There is no valid Will, or there are disputes among heirs.

When Can Succession Be Avoided?

Not all estates in Louisiana require formal succession. In some cases, property can pass to heirs without court involvement. Here are examples of when succession may not be necessary:

Small Succession Affidavit

If the estate’s gross value is $125,000 or less and the decedent was domiciled in Louisiana (or if the decedent passed away more than 20 years ago), the heirs may be able to use a small succession affidavit instead of going through a full court proceeding. This process is faster, more affordable, and can help avoid the complexities of formal succession.

Non-Probate Assets

Certain assets pass outside of succession because they have designated beneficiaries. These may include:

Life insurance policies
Payable-on-death (POD) bank accounts
Transfer-on-death (TOD) securities
Retirement accounts (like IRAs or 401(k)s)
Jointly owned property with right of survivorship

These assets pass directly to the named beneficiary and do not require court involvement.

Trusts

If the decedent created a living trust and properly transferred assets into the trust during their lifetime, those assets do not go through succession. Instead, the trustee manages the property and distributes it according to the trust’s terms.

Why Legal Guidance Matters

Succession laws in Louisiana are complex and rooted in a unique system of civil law that differs significantly from common law used in other states. Determining whether an estate must go through succession—and what kind—is not always straightforward. Mistakes can delay the process, create unnecessary costs, or even cause disputes among heirs.

That’s why working with an experienced estate and succession attorney can make all the difference. At Losavio & DeJean, LLC, we help clients assess their specific situation, identify the most efficient path forward, and ensure that the legal and financial aspects of succession are properly handled.

Contact Losavio & DeJean, LLC Today To Learn More

If you’ve recently lost a loved one and are unsure whether succession is necessary, or if you want to plan your own estate to help your family avoid succession down the road, our legal team is here to help.

Contact Losavio & DeJean, LLC to schedule a consultation and get the trusted legal guidance you need during this important time.

Different Types of Trusts In Louisiana

Fri, 10 Jul 2026 19:47:53 GMT

When it comes to estate planning in Louisiana, trusts are one of the most powerful tools available.

A trust can help you protect assets, reduce estate taxes, avoid probate, and ensure your wishes are carried out smoothly after your death. However, not all trusts are created equal—and understanding the different types available in Louisiana can help you make informed decisions for your future and your family.

What Is a Trust?

A trust is a legal framework where one individual, called the trustee, holds and manages assets for the advantage of another, referred to as the beneficiary. The individual who establishes the trust is known as the grantor or settlor.

Trusts can be created during your lifetime (inter vivos trusts) or through your Last Will and Testament upon your death (testamentary trusts). Louisiana law recognizes various trust types, each serving a unique purpose.

Revocable Living Trust

A revocable living trust is one of the most commonly used estate planning tools. As the name suggests, the grantor can modify or revoke the trust at any time while they are alive and mentally competent.

Benefits:

Avoids probate
Allows for privacy (unlike Wills, trusts are not public record)
Offers continuity of asset management in case of incapacity
Keep in mind that while this type of trust simplifies asset transfer after death, it does not protect assets from creditors or nursing home costs.

Irrevocable Trust

Unlike a revocable trust, an irrevocable trust cannot be altered once it’s established—at least not without court approval or the consent of all beneficiaries. However, this rigidity has some advantages.

Benefits:

Offers protection from creditors
Can reduce estate and gift tax liabilities
May help with Medicaid planning
These trusts are often used for wealth preservation and protecting assets from long-term care expenses.

Testamentary Trust

A testamentary trust is created through a Will and does not take effect until your death. It’s commonly used when you want to leave assets to minor children or beneficiaries who may need help managing an inheritance.

Benefits:

It lets you control how and when assets are distributed
Useful for blended families, children from previous marriages, or beneficiaries with special needs
However, because it is tied to your Will, a testamentary trust must go through probate.

Special Needs Trust

If you have a child or loved one with a disability, a special needs trust allows you to leave them funds without affecting their eligibility for government benefits such as SSI or Medicaid.

Benefits:

Protects benefit eligibility
Provides long-term financial support
Managed by a trustee who acts in the beneficiary’s best interest
This type of trust must be carefully drafted to meet state and federal requirements.

Charitable Trust

A charitable trust allows you to support causes you care about while potentially reducing estate or income taxes. It can be structured in several ways, including a charitable remainder trust (CRT) or charitable lead trust (CLT).

Benefits:

Can provide income for you or your heirs during your lifetime
Offers tax advantages
Supports philanthropic goals
Charitable trusts are best suited for individuals with larger estates who are also focused on legacy planning.

Which Trust Is Right for You? Contact Us To Find Out

The right trust depends on your goals, assets, family structure, and long-term planning needs. Whether you’re trying to avoid probate, provide for a loved one with special needs, or reduce estate taxes, there’s likely a trust that fits your needs.

If you’re thinking about establishing a trust in Louisiana, do not leave your future to chance. Reach out to Losavio & DeJean, LLC today for a private consultation. We’re ready to assist you in exploring your options and creating a plan that ensures your peace of mind.

Crisis vs. Pre-Planning for Long-Term Care In Louisiana

Fri, 10 Jul 2026 19:29:03 GMT

As we age, planning for long-term care becomes a critical part of securing our health, finances, and legacy.

In Louisiana, where the costs of assisted living or nursing home care can be substantial, understanding the differences between crisis planning and pre-planning is essential. Both approaches are designed to help families navigate long-term care challenges, but they differ significantly in terms of timing, options, and legal strategies.

What Is Pre-Planning for Long-Term Care?

Pre-planning refers to the process of proactively preparing for future long-term care needs before a health crisis occurs. This often involves working with an elder law attorney to create legal tools such as powers of attorney, advance directives, and irrevocable trusts. Pre-planning also includes evaluating options for Medicaid eligibility, asset protection, and preserving a family home.

The primary advantage of pre-planning is having time on your side. By planning early, you can implement strategies that safeguard your assets while ensuring eligibility for Medicaid or VA benefits when the time comes. For example, transferring assets into a Medicaid Asset Protection Trust (MAPT) can shelter those resources from being counted when applying for Medicaid, but these transfers must occur at least five years before applying to avoid penalties.

Pre-planning gives families peace of mind, more care choices, and the ability to make informed decisions without the stress of an urgent medical situation.

What Is Crisis Planning for Long-Term Care?

On the other hand, crisis planning takes place when a person suddenly needs long-term care, such as admission to a nursing home, but has not made any preparations. In these cases, families may feel overwhelmed and unsure of how to protect assets or afford care. This is where an experienced elder law attorney becomes crucial.

Crisis planning often involves last-minute legal maneuvers to qualify for Medicaid while preserving as many assets as possible. For instance, a married couple may use spousal protections to shift income or resources to the healthy spouse. However, options are more limited, and certain strategies may no longer be available due to Medicaid’s look-back period.

While crisis planning can still be effective in many cases, it is reactive and typically results in fewer choices and more stress for families. The financial and emotional toll can be significant, especially when important decisions must be made under pressure.

Why Timing Matters in Louisiana

Louisiana’s Medicaid rules and asset transfer restrictions make timing critical. The state applies a five-year look-back period for asset transfers, meaning any gifts or transfers completed within five years before applying for Medicaid may lead to ineligibility for a period. Pre-planning allows families to work within this timeline to maximize protection and options.

Additionally, early planning enables families to take full advantage of Louisiana-specific legal tools and exemptions that can help preserve wealth for future generations.

Common Misconceptions About Long-Term Care Planning

Many people mistakenly believe that Medicare will cover long-term nursing home care, but in reality, Medicare only pays for short-term rehabilitation under limited circumstances.

Others assume they have too many assets to qualify for Medicaid or it’s too late to take action once care is needed. The truth is, whether you’re planning ahead or facing a crisis, there are legal strategies available to help protect your home, savings, and loved ones. Dispelling these myths early on can empower families to take control of their future rather than leave it to chance.

Contact Us Today To Get the Right Guidance for Your Situation

Whether you want to prepare for the future or are dealing with an urgent long-term care requirement, partnering with a skilled elder law attorney in Louisiana can greatly impact your situation. At Losavio & DeJean, LLC, we assist families in planning ahead or managing unexpected challenges with legal solutions that safeguard what is most important.

Don’t wait for an emergency to make vital choices regarding your care and finances. Contact our office today to arrange a consultation and discover your options.

Complete Our Free Living Will Form Today!

Fri, 10 Jul 2026 19:20:21 GMT

Losavio & DeJean believes everyone should have a living will, which is why our law firm is giving away our living will form for free .

Our lawyers specialize in estate planning, and we can assist you today if you need help drafting a living will to include in your estate plan.

Why Louisiana Allows Living Wills

The change in Louisiana law concerning the withdrawal of hydration and nutrition was caused by Terri Schiavo’s case. Terri Schiavo, a married 28-year-old Florida resident, suffered cardiac arrest on February 25, 1990. After her heart attack, Schiavo was left in a persistent vegetative state and kept alive by a feeding tube.

In 1998, Schiavo’s husband, Michael, petitioned the Sixth Circuit Court of Florida to remove her feeding tube pursuant to Florida law. Terri’s parents, Robert and Mary Schindler, opposed the removal of the feeding tube. After a protracted legal battle of approximately 8 years, her feeding tube was removed on March 18, 2005, and she passed away on March 31.

Life and death decisions are best left to the person and not the courts. On a daily basis, there are an estimated 25,000 Americans deemed by doctors to be in a vegetative state. In response to Terri Schiavo’s case, Louisiana law was modified to allow its residents to execute a living will so the life or death decision is made by the person and not the courts.

Make Sure Your Wishes Are Respected

If you want to make sure your exact wishes are carried out if you are incapacitated, then please don’t hesitate to get in touch with our law firm so we can explain all of your legal options. Right now, we are offering a free copy of our modified living will form that you can use to establish your wishes regarding specific medical treatments.

Common Mistakes In Elder Law Planning

Fri, 10 Jul 2026 19:16:20 GMT

Avoid These Common Elder Law Planning Pitfalls.

Elder law deals with important matters like housing and care for seniors, long-term or nursing home care, guardianships, healthcare documents, and Medicare and Medicaid. Unfortunately, many people unknowingly make costly mistakes during this planning process, leading to significant headaches and hardships for themselves and their families in the future. That is why it is crucial to know about and avoid some of the more common mistakes when it comes to elder law planning.

Mistake One: Not Making a Plan

One of the most common mistakes people make is not planning for long-term care or their future. Without a proper plan, a person’s specific wishes for who will receive their estate and handle their affairs will not be fulfilled. Rather, everything will be left up to chance.

It is also important to note that a Last Will and Testament will not safeguard your assets when it comes to long-term care. To ensure your assets are protected, it is crucial to engage in long-term care planning. Without it, you may end up using all your savings and miss out on government programs that could assist in paying for these needs.

Mistake Two: Not Updating Your Plan

The second biggest mistake individuals make regarding elder law planning is not updating their plans. Families, circumstances, and assets can change over time. If you have an outdated plan, it may not factor in these changes, leading to various issues for all parties involved and proving less useful when the need for it arises.

Mistake Three: Not Considering Long-Term Care Expenses

Many people assume that the greatest threat to their assets over a lifetime is taxes, but in truth, the greatest threat is long-term care costs. In-home care expenses or nursing home fees can be incredibly costly. Failing to plan ahead for these expenses can often lead to financial hardship for the whole family. Thankfully, when you plan for long-term care, you can put yourself in the best position to get the care you need, as well as adjust your estate to protect your finances.

Mistake Four: Not Working With a Skilled Louisiana Elder Law Attorney

Elder law is complicated and challenging to navigate. Without an experienced elder law attorney helping you take on these complex legal processes, it is easy to make costly mistakes that can end up hurting you and your family.

Fortunately, when you work with these skilled legal professionals, you will be working with those who are well acquainted with this ever-changing legal landscape and ready to take on the following tasks:

Transfer and preservation of your assets
Medicare and Medicaid claims and appeals
Long-term care plans
Retirement plans
Guardianship and conservatorships
Advance directives

However, to better understand how these skilled attorneys can help you, reach out to a Louisiana elder law attorney as soon as possible to review the specific tasks they can assist you with.

Avoid These Common Elder Law Planning Pitfalls. Contact Losavio & DeJean, LLC Today

If you are ready to get started planning for your future or want further information about elder law planning in Louisiana, contact Losavio & DeJean, LLC today. Our legal team can review your concerns, wishes, and goals and help you develop a plan specifically tailored to your needs.

Common Louisiana Estate Planning Questions and Answers

Fri, 10 Jul 2026 19:07:29 GMT

Manage your future with an estate plan.

Estate planning is a great way to come up with a plan for the future, figure out how to manage assets and affairs during your lifetime, and provide your loved ones with a plan they can reference when you can no longer do so for yourself.

However, with all the benefits that estate planning can provide, many people are still on the fence about creating these plans because they either do not understand what estate planning is or how it can help them and their loved ones. That is why below we will go over some of the common estate planning questions individuals have in hopes of providing you with further clarity about this process and what it can mean for you.

Who Needs Estate Planning?

Unfortunately, many people tend to believe that only the wealthy few need an estate plan. However, the truth is that everyone needs an estate plan. It does not matter if you have no children, lots of children, minimal assets, or millions of dollars in the bank. Everyone should have a detailed plan for their future.

What Should You Have in Your Estate Plan?

Generally, estate plans will have several important documents, including:

A Last Will and Testament or Trust
Power of Attorney
Living Will
Health Care Directives
Beneficiary Designations

Working with an experienced Louisiana estate plan attorney can help you understand each of these documents and determine which ones you and your family need.

What Are the Differences Between a Will and a Trust?

While both a will and a trust are estate planning tools that often work together to complete a person’s desires for the future, there are numerous differences between the two. For instance:

Wills become effective when a person dies, while trusts are effective when they are created.
Trusts tend to cover only the property or assets that are placed in the trust. However, a will covers anything the person creating the will owns solely.
Trusts generally remain private, while wills are public records.

Even though both wills and trusts have pros and cons to them, speaking with a knowledgeable Louisiana estate planning attorney can help you better understand these options and figure out whether a trust or a will can work better for your circumstances.

What Happens To a Person’s Assets When They Die Without a Will in Louisiana?

In an individual passes away without a valid will, their estate will be handled according to Louisiana’s Intestate Laws. Unfortunately, this process is not very flexible and is not always in the best interest of the family’s needs.

That is why if you do not have a will, consider discussing your estate planning options with a knowledgeable Louisiana estate planning attorney as soon as possible.

Contact Losavio & DeJean and Learn More About Estate Planning in Louisiana

If you are looking for further information regarding estate planning and how this process can help you and your family, contact an experienced Louisiana estate planning attorney at Losavio & DeJean, LLC today to arrange a free case consultation.

Choosing The Right Trustee For Your Louisiana Trust

Fri, 10 Jul 2026 18:57:31 GMT

Setting up a trust is one of the smartest ways to protect assets and plan for the future.

But a trust is only as strong as the person managing it. That’s where the trustee comes in.

Choosing the right trustee is a significant decision, particularly in Louisiana, where unique legal traditions such as community property and forced heirship can complicate matters. At Losavio & DeJean, LLC, we’ve seen firsthand how a well-chosen trustee can make or break a trust. Here’s what you need to know.

What Does a Trustee Do?

A trustee is the person (or institution) responsible for managing the trust assets according to your instructions. Their duties typically include:

Following the terms of the trust
Managing property or investments
Distributing assets to beneficiaries
Filing taxes and keeping financial records
Acting in the best interest of the beneficiaries

The role is a fiduciary one, meaning it carries serious legal obligations. A trustee must be loyal, honest, and financially responsible.

Not Everyone Is Cut Out for the Job

When choosing a trustee, look for someone with integrity, good judgment, and financial know-how. They don’t need to be a CPA, but basic money management is key. They should also be available and responsive.

Mistakes often happen when trustees are stretched too thin. And they should communicate well, especially since they’ll be dealing with beneficiaries, sometimes during emotionally charged times. Some people choose a close family member. Others go with an attorney, an accountant, or a corporate trustee. The right choice depends on your goals and how complex your trust is.

Louisiana’s Legal System Adds Another Layer

Louisiana’s legal system is rooted in civil law, not common law like the rest of the U.S. That means trust law here can differ in several ways. For example:

Forced heirship rules may restrict how much of your estate you can leave outside of certain heirs (typically children under 24 or with disabilities).
Usufructs (a type of temporary property interest) are often used in Louisiana estate plans and may be part of a trust arrangement.
Community property can affect how marital assets are handled in a trust.

Because of these factors, your trustee should either be familiar with Louisiana law or have access to professional guidance. In Louisiana, a good trustee isn’t just managing money. They’re also navigating legal complexity.

Should You Appoint a Co-Trustee?

In some cases, naming co-trustees can work well. For example, a family member might serve alongside a financial institution. The family member knows the needs and dynamics of the beneficiaries. The institution brings professional experience and objectivity.

But keep in mind, co-trustees must act together. That can slow things down or create tension if they disagree. If you go this route, choose people who can cooperate and communicate effectively.

Can You Name a Successor Trustee?

It’s also smart to name a successor trustee. This is the person who takes over if your original trustee dies, becomes incapacitated, or chooses not to serve.

Life happens. Having a backup plan helps your trust run smoothly no matter what. You can list more than one successor in order of preference.

Some people also appoint a trust protector, someone with the power to remove or replace a trustee if things go off track.

Need Help Choosing the Right Trustee?

Choosing a trustee isn’t just about trust. It’s about capability. Every family is different, and every trust needs someone who can manage both the money and the legal obligations.

At Losavio & DeJean, LLC, we help Louisiana families create estate plans that stand the test of time. That includes building trusts that are clear, enforceable, and tailored to your goals. We can also guide you in choosing the right trustee and ensuring your wishes are carried out.

Let’s make sure your legacy is in good hands. Contact Losavio & DeJean, LLC today to get started.

Can You Write Your Own Will In Louisiana? Risks & Considerations

Tue, 07 Jul 2026 21:12:03 GMT

When it comes to planning for the future, writing a Last Will and Testament is one of the most important steps you can take.

It gives you the power to decide what happens to your property after you’re gone, name guardians for your children, and make your final wishes clear. But many people in Louisiana wonder: Can I just write my own will?

The short answer is yes. Under Louisiana law, it is possible to write your own will. But the better question is: Should you?

What Kinds of Wills Are Legal in Louisiana?

Louisiana recognizes two main types of wills:

Notarial Will: This is the most formal kind of will. It must be typed, signed by the testator (the person making the will), and executed in front of a notary and two competent witnesses. The notary and witnesses must also sign a declaration affirming that the required legal formalities were followed.
Olographic Will : This is a handwritten will, fully written, dated, and signed by the testator. It doesn’t require witnesses or notarization, but it must be completely in your handwriting. Even a single typed sentence or pre-printed form can invalidate it.

So, yes, while you can handwrite your own will in Louisiana, that doesn’t mean it’s always a good idea.

What Could Go Wrong with a DIY Will?

While a handwritten will might seem simple, there are serious risks involved. A small mistake can have big consequences.

Mistakes in Wording or Intent

Louisiana law uses specific legal terms that carry precise meanings. If your language is vague or inconsistent, your heirs might not understand your wishes, or worse, they could argue over them. A will that seems clear to you may lead to confusion or litigation after your death.

Failure to Meet Legal Requirements

If your handwritten will isn’t entirely in your handwriting, or if you forget to include the date, it may be considered invalid. Courts strictly enforce these formalities. For example, a will signed but not dated could be thrown out as invalid, leaving your estate to be distributed according to intestate laws, which means the state decides who receives what.

No Plan for Contingencies

Many DIY wills fail to address what happens if a beneficiary dies before you, if an asset no longer exists, or if a named executor refuses to serve. An experienced estate planning attorney can help you build in flexibility and plan for the “what-ifs.”

Tax and Medicaid Consequences

Estate planning isn’t just about who gets your property. It’s also about protecting it. In many cases, a DIY will won’t address issues like minimizing estate taxes, avoiding probate, or preserving eligibility for Medicaid. Without proper planning, your heirs could face unexpected costs or delays.

Why Legal Guidance Matters

Think of your will as more than a document; it’s a roadmap for your loved ones. While writing it yourself may seem like a way to save money now, the cost of fixing mistakes later can be far greater.

Working with an experienced Louisiana estate planning attorney can ensure your will is legally valid, reflects your true intentions, and protects your loved ones from unnecessary stress. Attorneys can also help you explore related documents, such as powers of attorney, living wills, and trusts, to build a comprehensive estate plan tailored to your specific needs.

Contact Us Today To Review Your Options

Yes, you have the legal right to write your own will in Louisiana. But whether it’s the right decision depends on your goals and the complexity of your estate. Even simple estates can benefit from professional guidance.

At Losavio & DeJean, LLC, we’ve helped families across Louisiana create estate plans that offer peace of mind and lasting protection. If you’re thinking about writing your own will or revisiting one you wrote years ago, reach out to us today. We can help you get it right.

Can You Override A Power Of Attorney In Louisiana?

Tue, 07 Jul 2026 21:03:47 GMT

A power of attorney is a powerful legal tool for individuals to have.

A power of attorney (POA) allows one person, known as the principal, to give another person, called the agent, authority to act on their behalf. In Louisiana, powers of attorney are often used to manage financial, legal, or medical matters when someone is unable or unwilling to handle those affairs themselves.

However, what happens if circumstances change, or if the principal or their loved ones believe the agent is not acting in the principal’s best interests? The question then arises: can a power of attorney be overridden in Louisiana?

Understanding the Basics of a Power of Attorney

In Louisiana, a power of attorney is formally called a “mandate” or “procuration.” By default, a mandate is non-durable, which means it ends automatically if the principal becomes incapacitated. To remain effective after incapacity, the document must include specific language stating that the agent’s authority continues despite the principal’s incapacity. Durable mandates are common in estate planning because they allow an agent to continue helping when the principal is unable to act on their own behalf.

When a Principal Can Revoke a Power of Attorney

The principal always maintains the right to revoke a power of attorney, provided they have legal capacity at the time of revocation. Capacity means the principal understands the nature of the act and the consequences of revoking the document. Revocation must be clear and communicated, ideally in writing, to ensure that third parties are aware that the agent’s authority has ended.

For example, if a person gives a family member power of attorney to handle their bank accounts but later decides they want to manage their own finances again, they can revoke the authority. The bank would need to see a written notice of the revocation to stop honoring the agent’s transactions.

When Others Can Challenge or Override a Power of Attorney

Concerns often arise when the principal is incapacitated and cannot revoke the POA themselves. In these situations, family members or other interested parties may feel the agent is misusing their authority, neglecting the principal’s needs, or even committing financial exploitation.

Louisiana law allows interested parties to petition the court to review the actions of an agent. A judge can determine whether the agent has breached their fiduciary duty. If the court finds that the agent is not acting in the principal’s best interests, it can remove or limit the agent’s authority. In some cases, the court may appoint a curator or guardian to protect the principal instead.

Common Grounds for Challenging a Power of Attorney

Challenges usually arise for several reasons:

The agent is acting outside the authority granted by the document.
The agent is mismanaging or misappropriating the principal’s property.
The principal was coerced or unduly influenced into signing the POA.
The principal no longer has confidence in the agent and wants someone else to serve.

Each case is fact-specific, and the court will weigh evidence to determine whether intervention is necessary.

Contact Our Legal Team Today

A power of attorney is not necessarily permanent in Louisiana. As long as the principal has capacity, they can revoke or change it at any time. If the principal is incapacitated and there are concerns about the agent’s conduct, loved ones can ask the court to step in and override the agent’s authority.

These situations can be complex and emotional. Consulting a knowledgeable attorney can give you clarity and peace of mind.

At Losavio & DeJean, LLC, our legal team can help you understand your options and take the proper steps to protect your loved one’s interests. Contact us today to discuss your situation.

Can You Cancel A Pooled Trust?

Tue, 07 Jul 2026 20:56:07 GMT

A pooled trust is a legal arrangement that combines the financial resources of multiple individuals with disabilities into separate accounts.

These trusts are similar to a bank in that they manage individual account holders’ assets. This pooling of resources allows individuals with disabilities and older adults to protect their eligibility for government benefits, such as Medicaid and Supplemental Security Income (SSI), while still being able to access funds for supplementary care and quality of life improvements.

However, many individuals fail to utilize pooled trusts because they lack an understanding of them. In the following guide, we will discuss these pooled trusts in more detail, including the benefits they provide and whether they can be terminated.

What Exactly Is a Pooled Trust?

A pooled trust, also known as a payback special needs trust, is a type of trust that holds the assets of an individual with disabilities. This trust must meet specific conditions to be considered a pooled trust:

The trust is created and managed by a non-profit association
A separate account will be maintained for each trust beneficiary. However, for investment and management purposes, the trust will pool these accounts together
These trust accounts will be established for the benefit of the beneficiary
Upon the beneficiary’s death, if funds remain in the beneficiary’s account that are not retained by the trust, the trust is required to pay the state an amount equal to the total sum of medical assistance provided on behalf of the beneficiary under the state plan. This obligation ensures that any medical expenses covered by the state are reimbursed before any remaining funds are distributed.

Different Pooled Trusts

The management of a pooled special needs trust shares many similarities with that of individual special needs trusts. However, it is important to recognize that not all pooled trusts are identical .

Pooled trusts can vary significantly in terms of their operating culture, fee structures, asset management practices, and administrative approaches. Some pooled special needs trusts cater exclusively to individuals with developmental disabilities, while others specialize in handling funds from legal settlements and awards. Additionally, pooled trusts may differ in their geographic scope, with some operating at a regional level and others on a national scale. Given this diversity, it is imperative for individuals to discuss their options with an experienced estate planning attorney to guide them through a thorough review of the distinctive characteristics and options offered by different pooled trusts.

Can You Terminate a Pooled Trust?

Pooled Special Needs Trusts (SNTs) are a type of irrevocable trust that are established to manage funds for individuals with disabilities. Typically, these trusts cannot be terminated without a court order. However, there are specific circumstances in which termination may be considered.

For instance, if the trust’s primary purpose has been achieved, such as providing for the beneficiary’s specific needs, termination may be an option. Additionally, if the assets within the trust are no longer available due to market conditions or have become insufficient to support the beneficiary, termination could be sought. Other potential reasons for termination may include changes in laws or regulations affecting the trust or circumstances where the continuation of the trust is no longer in the beneficiary’s best interests. If termination is being considered, it is critical to seek legal advice to understand the specific requirements and processes involved.

Consequences of Terminating a Pooled Trust

Terminating a trust is a consequential decision with considerable financial and legal implications. The process involves several necessary steps, including notifying all parties with an interest or stake in the trust and ensuring that all debts and liabilities are fully settled. It is essential to approach each stage of the process with precision and attention to detail to ensure that the termination is executed correctly and complies with all relevant laws and regulations.

Contact Losavio & DeJean Today To Learn More

If you want to learn more about pooled trusts and what they entail, contact Losavio & DeJean today and speak with our legal team.

Can VA Aid and Attendance Benefits Be Used By Your Spouse?

Tue, 07 Jul 2026 20:46:17 GMT

Don't Miss Out On This Underused VA Benefit!

Aid and Attendance is a valuable VA pension benefit designed to assist Veterans and their spouses who require the aid of another person in performing everyday activities, such as bathing, feeding, dressing, or adjusting prosthetic devices. However, this benefit is often underused due to a lack of awareness. To be eligible for Aid and Attendance benefits, the applicant must meet specific criteria related to medical needs, income, and assets.

What is VA Aid and Attendance?

VA Aid and Attendance is a benefit that provides additional financial assistance to eligible Veterans and surviving spouses who require the aid and attendance of another person or are housebound. This benefit is added on top of existing VA pensions to help cover the costs of long-term senior care, including the expenses associated with assisted living facilities, nursing homes, or in-home care services. This supplemental income aims to provide financial support to those who require assistance with the activities of daily living and may need ongoing care.

Eligibility Requirements for VA Aid and Attendance

To be considered eligible for this benefit, individuals must get a VA pension and meet one of the following requirements:

You require assistance from another person to perform daily activities such as bathing, feeding, and dressing.
You are significantly confined to bed or spend a substantial portion of the day in bed due to an illness.
You are a resident in a nursing home as a result of a disability that has led to a loss of mental or physical capabilities.
Your eyesight is severely restricted, meaning that even with glasses or contact lenses, your visual acuity is 5/200 or less in both eyes, or you have a concentric contraction of the visual field to 5 degrees or less.

Housebound Benefits Eligibility

You can qualify for housebound benefits if you are receiving a VA pension and spend the majority of your time at your residence due to a permanent disability, which is defined as a disability that is not expected to improve. This benefit caters to individuals whose disability significantly limits their ability to leave their home without the assistance of another person or mobility aid.

What Types of Senior Care Do These Benefits Cover?

Veterans or their surviving spouses who are no longer able to independently manage their daily care have the option to use VA Aid and Attendance benefits. These benefits are designed to help with the expenses incurred due to assisted living, nursing homes, or in-home care services.

Is There Spouse Aid and Attendance?

Although there is no distinct Aid and Attendance benefit specifically designated for spouses, spouses who are recipients of a VA surviving spouse pension are eligible to receive Aid and Attendance. However, the spouse must meet the specified net worth and income limits for VA Aid and Attendance to qualify for this beneficial support. Essentially, eligible spouses can use Aid and Attendance in the same manner as their Veteran spouse would have.

How Can a Spouse Use VA Aid and Attendance Benefits?

The benefit, which is paid out monthly and is not subject to taxation, serves as a valuable resource for covering the expenses associated with long-term care. This includes custodial care, which encompasses a wide range of support, including help with bathing, dressing, using the bathroom, meal preparation, and laundry.

To Learn More About Aid and Attendance Benefits, Contact Losavio & DeJean Today

If you want further information about Aid and Attendance benefits or the steps you need to take to obtain these benefits, contact Losavio & DeJean today to learn more.

Can A Trust Be Used To Protect Your Home In Louisiana?

Tue, 07 Jul 2026 19:36:45 GMT

For many Louisiana families, the home is more than just property.

It’s a legacy. It’s where holidays are spent, memories are made, and generations grow up together. It makes sense to want to protect something so meaningful, not just for yourself, but for the loved ones who come after you.

You may be wondering if putting your home in a trust is the right move. Whether you’re thinking ahead to long-term care, hoping to keep your estate out of probate, or looking to safeguard your assets, a trust can offer real benefits when it’s carefully set up to fit your needs.

What Is a Trust?

A trust is a legal arrangement where someone (called the grantor) transfers property to a trustee, who manages it for the benefit of named beneficiaries. Trusts come in two main forms: revocable and irrevocable. Each serves different purposes.

When it comes to protecting your home, the type of trust you choose will make a big difference.

Can a Trust Help You Avoid Probate?

One of the most common reasons people put their home into a trust is to avoid probate. In Louisiana, if a home is titled only in your name at the time of your death, it usually must go through succession, the state’s probate process.

By placing your home in a trust, you can ensure that it transfers directly to your beneficiaries without the delays or additional legal costs associated with court proceedings. It can save your loved ones time, stress, and money after you’re gone.

What About Nursing Home Costs?

Louisiana does not automatically protect your home from Medicaid recovery just because it’s in a trust. It depends on the kind of trust you use.

If you are concerned about qualifying for Medicaid and protecting your home from long-term care costs, an irrevocable trust may be beneficial. Once you place your home in an irrevocable trust, it is no longer considered your personal asset. This separation may help protect it from being used to pay for nursing home care or being claimed by the state after your death.

However, Medicaid has a five-year look-back period. If you transfer your home to a trust within five years of applying, it could affect your eligibility. Planning ahead is key.

Can a Trust Protect Against Creditors or Lawsuits?

In some cases, yes. A properly drafted irrevocable trust may protect your home from certain creditors or lawsuits, especially if it was created well in advance of any legal claims. However, keep in mind that this protection is not absolute . If the court finds that a transfer was made to avoid creditors, it may be reversed.

Work closely with an attorney to make sure your trust meets legal requirements and won’t raise red flags.

What Kind of Trust Do You Need?

That depends on your specific situation and goals. Here’s a basic breakdown:

A revocable living trust lets you stay in control of your home while you’re alive. It helps avoid probate but does not offer protection from Medicaid or creditors.
An irrevocable trust removes the home from your control. It offers stronger protection but limits your access and flexibility.

Choosing the wrong type of trust may not give you the protection or flexibility you intended. That’s why it’s important to work with an estate planning attorney who understands Louisiana law.

Speak With a Louisiana Estate Planning Attorney Today

Your home is too important to leave unprotected. Whether you want to avoid probate, plan for long-term care, or secure your assets for future generations, a trust may be a smart part of your estate plan.

At Losavio & DeJean, LLC, we help families across Louisiana protect their homes and their peace of mind. We take the time to understand your goals and recommend the most suitable tools for your specific situation.

Can A Power Of Attorney Be Used To Avoid Guardianship In Louisiana?

Wed, 01 Jul 2026 21:17:25 GMT

No one wants to think about a time when they might be unable to make decisions for themselves. Yet, life is unpredictable.

A sudden illness, accident, or decline in mental capacity can leave families facing tough legal questions about who can step in and manage a loved one’s affairs. In Louisiana, two of the most common tools for handling these situations are the power of attorney and guardianship (also called interdiction in Louisiana law). Understanding how these two differ, and how one may help avoid the other, can make all the difference in planning for the future.

The Basics of a Power of Attorney in Louisiana

A power of attorney, or POA, is a legal document that allows you to appoint another person, called your agent or attorney-in-fact, to handle specific matters on your behalf. You can grant a POA for financial, medical, or personal decisions, and you can tailor it as broadly or narrowly as you like.

In Louisiana, many people choose to create a durable power of attorney, which remains valid even if you become incapacitated. This is an important feature because it allows your chosen agent to continue acting on your behalf without court involvement if you are no longer able to make decisions yourself.

What Is Guardianship (Interdiction)?

When someone becomes unable to manage their own affairs and has not executed a valid power of attorney, loved ones may need to petition the court for a guardianship, or interdiction, to protect that person’s welfare and property.

In an interdiction proceeding, the court determines whether the individual is incapable of caring for their person or managing their financial affairs. If the court finds that incapacity exists, it appoints a curator to make decisions on behalf of the interdicted person, who is referred to as the interdict. This process can be time-consuming, costly, and emotionally challenging for families. It also involves ongoing court oversight and periodic reporting requirements.

How a Power of Attorney Can Help Avoid Guardianship

A well-drafted durable power of attorney can often prevent the need for guardianship altogether. Because a POA allows someone you trust to step in and make decisions if you become incapacitated, there is usually no need for court intervention.

For example, if you suffer a stroke and cannot manage your bank accounts or pay bills, your agent under a durable financial power of attorney can immediately take action. Likewise, a medical power of attorney enables your agent to communicate with doctors and make treatment decisions according to your wishes.

This kind of planning gives you control over who will manage your affairs and reduces the emotional and financial burden on your loved ones. It also helps ensure that your preferences, not a court’s assumptions, guide your care and finances.

When a Power of Attorney May Not Be Enough

While a power of attorney is an excellent planning tool, it is not a perfect substitute for guardianship in every case. If a POA is too limited in scope, poorly drafted, or executed after questions of capacity arise, financial institutions or healthcare providers may reject it. In cases where no valid POA exists or where an agent abuses their authority, a court-ordered interdiction may still be necessary to protect the individual.

That is why it is critical to work with an experienced Louisiana estate planning attorney when preparing a power of attorney. A lawyer can ensure that your document meets all legal requirements under the Louisiana Civil Code and accurately reflects your intentions.

Take Control with Proper Planning

At Losavio & DeJean, LLC, we help individuals and families across Louisiana plan for life’s unexpected turns. Our attorneys can draft durable powers of attorney and other essential estate planning documents tailored to your unique needs. To learn more or schedule a consultation, contact Losavio & DeJean, LLC today.

Can An Attorney Help You Qualify For Medicaid Long-Term Care Benefits?

Wed, 01 Jul 2026 21:09:09 GMT

Elder law attorneys specialize in addressing the legal needs of seniors by providing comprehensive assistance in various aspects of their lives.

For instance, by working with an elder law attorney, individuals can develop comprehensive strategies to protect their assets, qualify for Medicaid long-term care benefits, and ensure financial stability for themselves and their loved ones as they age.

What Is Medicaid?

Medicaid is a healthcare program that provides healthcare services to low-income adults and children. It is also designed to provide financial assistance for long-term care services for seniors. In truth, in the United States, it is the largest source of payment for long-term care. That is why seniors need to explore the benefits it offers.

Medicaid Eligibility

To be eligible for Medicaid in Louisiana, individuals must meet certain criteria, including the following :

Receive Supplemental Security Income (SSI) from the Social Security Administration (SSA)
Are disabled according to the Social Security Administration’s definition
Are a low-income parent of children under the age of 19
Are under the age of 19
Have corrected vision no better than 20/200
Are pregnant
Have no insurance and need treatment for breast and cervical cancer
Receive Medicare coverage and are low-income, or
Are aged 19 to 64 years old, have a household income less than 138% of the federal poverty level, do not already qualify for Medicaid or Medicare, and meet the citizenship requirement

However, if you do not currently meet the eligibility criteria for Medicaid, do not worry. Engaging in proper Medicaid planning with the assistance of an experienced elder law attorney can allow you to strategically organize your assets in a way that enables you to qualify for Medicaid coverage. This means that the government benefit can help you cover long-term care costs, alleviating the need for you to bear these expenses out of your own finances.

Qualifying for Medicaid in Louisiana

The qualification process for Louisiana Medicaid can be quite intricate. It involves various criteria and documentation requirements, making it essential to plan meticulously and seek professional guidance.

Income Requirements

A person’s income must fall below a specific threshold to qualify for Medicaid in Louisiana. This income threshold varies based on the program in question and household size. However, it is important to note that these income limits are subject to annual changes.

Asset Requirements

Medicaid eligibility criteria also include asset consideration, specifically total assets. These assets, which include cash, savings, and property, must fall below a specific threshold to qualify for Medicaid.

Should You Consider Medicaid Planning?

Medicaid planning entails engaging in legal and financial strategies to safeguard your assets while ensuring eligibility for Medicaid assistance. Some common Medicaid planning strategies include creating irrevocable Medicaid Asset Protection Trusts, transferring assets to a spouse or family member, and trying to reduce excess assets in accordance with Medicaid guidelines. These strategies can help individuals and families navigate the complex requirements of Medicaid while seeking to preserve their financial security.

Work with an Experienced Legal Professional

Navigating the rules and regulations of Medicaid can be quite intricate and daunting. The application process involves meeting numerous eligibility criteria, which might seem overwhelming to handle on your own. That is why individuals often turn to an experienced elder law attorney for assistance. These legal professionals specialize in helping seniors understand and navigate the complexities of Medicaid, ensuring that all requirements are met and that they receive the benefits they are entitled to.

Contact Losavio & DeJean Today for More Information

To learn more about Medicaid and your options for qualifying for long-term care benefits, contact Losavio & DeJean today and speak with our team.

Can A Louisiana Will Be Challenged After Succession Is Opened?

Wed, 01 Jul 2026 20:58:07 GMT

It can be unsettling to discover that a loved one’s Last Will and Testament is not what you expected.

Often, family members do not notice potential issues until after the succession process has already begun. By that point, many believe it is too late to take action once the court is involved. In Louisiana, that is not necessarily true. Under certain circumstances, a will can still be challenged even after succession is opened.

What Does It Mean to “Open” a Succession?

Opening a succession means filing the necessary paperwork with the district court in the parish where the deceased person lived. If there is a will, it is submitted to the court for probate. The court reviews the will to make sure it meets Louisiana’s legal requirements and may appoint an executor to handle the estate.

However, the court’s initial acceptance of the will does not prevent interested parties from raising objections.

Who Can Challenge a Will?

Challenging a will is not open to everyone. Louisiana law requires that a person have a legal interest in the estate, such as heirs, named legatees, or creditors. For instance, a child who believes they were unfairly excluded from the will may have the right to contest it.

Common Reasons a Will Is Challenged

In Louisiana, you can contest a will based on multiple legal reasons:

1) Lack of proper form

Louisiana has strict rules about how wills must be written and executed. Most wills are either olographic, meaning handwritten and signed by the testator, or notarial, meaning signed in front of a notary and two witnesses. If the will does not meet these formal requirements, it may be declared invalid.

2) Lack of capacity

The testator, or the person creating the will, must have had the mental capacity to understand their actions when signing it. If it can be demonstrated that they did not comprehend the nature of their property or the identity of their heirs, the validity of the will could be contested.

3) Undue influence

A will may also be challenged if evidence shows that the testator was pressured or manipulated into making specific decisions. This situation frequently occurs when a vulnerable individual makes major changes to their will shortly before passing away.

4) Fraud

If evidence shows the will was forged or the testator was deceived into signing it, the court can invalidate the document.

Is There a Time Limit?

Louisiana law places time limits on actions to annul a probated will. In many cases, an action to challenge a will must be brought within five years of the will’s probate. However, specific circumstances can affect deadlines. Acting quickly is important because once the estate is fully administered and assets are distributed, resolving disputes becomes more complicated.

What Happens If a Will Is Invalidated?

If the court finds the will invalid, the estate may be distributed under a prior valid will. If no valid will exists, the estate will pass according to Louisiana’s intestacy laws. These laws set out a specific order of inheritance, typically prioritizing spouses and children.

Why Legal Guidance Matters

Challenging a will is not simply about disagreeing with its terms. It requires evidence and a clear legal basis. Likewise, defending a will requires careful preparation and knowledge of Louisiana succession law.

At Losavio & DeJean, LLC, we understand how emotional and complex succession disputes can be. Whether you are concerned about the validity of a will or need to defend one, experienced legal guidance can help protect your rights and your family’s interests. If you have questions about challenging a Louisiana will after succession is opened, speaking with a knowledgeable attorney is an important first step. To learn more, contact us today.

Beware The Dangers of Doing Your Own Estate Planning

Wed, 01 Jul 2026 20:45:52 GMT

Don't DIY Your Estate Plan!

While it may seem appealing to manage your own estate planning to save money, this can lead to significant challenges. Estate planning is a complex process involving various legal and financial details that many people do not fully grasp. Important considerations include drafting a Last Will and Testament that reflects your wishes, setting up trusts to protect assets, designating beneficiaries, and understanding estate tax implications. Without proper knowledge, you may overlook crucial elements like updating plans after significant life events, leading to disputes among heirs or unintended consequences. In the guide below, we will review some of the most common issues linked with DIY estate plans and explain how an experienced estate planning attorney can help you.

More Costs Down the Road

While DIY estate planning might initially appear to be a cost-effective alternative to traditional estate planning, it can lead to unexpectedly high expenses if your estate plan is contested during probate court proceedings. When an estate plan is challenged, legal disputes can arise, resulting in costly litigation that can consume a substantial portion of your estate’s value. This may ultimately leave your heirs with much less than you intended, and the outcome of such disputes can often be unpredictable, departing drastically from your original wishes. To avoid these potential pitfalls, engaging in a more formal and structured estate planning process is advisable.

Poor Templates

Online estate planning templates are often overly simplistic and might not cater to your specific circumstances. Relying solely on these generic tools could lead you to overlook crucial strategies and opportunities that can greatly improve your estate plan. This oversight may result in unfavorable tax consequences, poor asset distribution, or insufficient protection for your beneficiaries. In the end, a lack of a comprehensive estate plan can have serious financial repercussions, increasing costs for your estate and threatening the financial security of your loved ones. That is why seeking advice from an experienced estate planning attorney is important to ensure your plan is customized to meet your unique needs and objectives.

No Assurance

Even if you have crafted your estate plan with careful consideration, the reality is that, unless you are an attorney, you might not have the legal expertise to fully assess its effectiveness. This lack of assurance can foster lingering doubts and potentially expose your assets to unforeseen risks down the line. However, the anxiety stemming from the possibility of a legally insufficient plan can be alleviated by partnering with a qualified attorney specializing in estate planning law and understanding its complexities. These lawyers can make sure that your wishes are accurately represented and protected, providing you and your loved ones with greater peace of mind.

Not Accomplish Your Goals

Opting for DIY estate planning may lead to creating legal documents that do not accurately reflect your intentions or fail to achieve your desired outcomes. For instance, you might mistakenly believe that a Will is sufficient to protect your assets or ensure the care of your children, only to discover later that it does not address critical aspects of your situation. This oversight can result in confusion, disputes, and complications for your loved ones during a difficult time.

When you collaborate with an experienced attorney to develop your estate plan, the process begins with thoroughly exploring your unique goals and aspirations. Once everything is clearly defined, your attorney can skillfully design an estate plan that meticulously addresses your concerns and ensures all necessary legal documents are accurately drafted and aligned with your objectives.

Contact Losavio & DeJean Today To Learn More

If you are ready to create an estate plan that will work for you and your loved ones, contact Losavio & DeJean today and review your questions with an experienced Louisiana estate planning attorney.

What Happens When Your Life Takes an Unexpected Turn?

Thu, 25 Jun 2026 17:54:35 GMT

Recent national headlines surrounding the disappearance of an elderly family member have sparked conversations across the country about something many families do not like to think about: What happens when a loved one suddenly becomes unable to manage their affairs?

While every situation is different, these stories often highlight a common reality. A crisis can arise without warning, leaving family members scrambling to locate important documents, access financial accounts, make healthcare decisions, or determine who has the legal authority to act on behalf of a loved one.

In moments of uncertainty, having a plan in place can make a significant difference.

The Questions Families Often Face

When an unexpected event occurs, family members may find themselves asking:

Who can access bank accounts to pay bills?
Who can make medical decisions if a loved one cannot communicate their wishes?
Where are important legal documents located?
How will property and assets be managed?
Is there a valid Power of Attorney in place?
Does a Will or Trust exist?

Unfortunately, many families discover they do not have clear answers until they are already in the middle of a crisis.

Why Estate Planning Matters

Estate planning is not just about what happens after someone passes away. It is about preparing for life’s uncertainties and ensuring that your wishes are honored if you are ever unable to manage your own affairs.

A well-prepared estate plan can help provide:

Financial Protection
Proper planning can help ensure that bills continue to be paid, assets remain protected, and financial decisions can be made by trusted individuals when necessary.
Healthcare Decision-Making
Healthcare directives and Powers of Attorney allow trusted family members or individuals to make medical decisions when you cannot.
Family Guidance
Clear legal documents reduce confusion and help prevent disputes among family members during already difficult times.
Peace of Mind
Perhaps most importantly, planning ahead gives families confidence that they know what steps to take when the unexpected happens.

Essential Documents Every Adult Should Consider

Regardless of age or financial status, every adult should consider having:

A Last Will and Testament
A Durable Power of Attorney
Healthcare Directives
A Trust, when appropriate
Asset Protection Strategies
Beneficiary Designations reviewed regularly

These documents work together to create a comprehensive plan that protects both you and your loved ones.

Planning Before You Need It

No one expects to face a sudden medical emergency, incapacity, or other life-altering event. Yet these situations occur every day.

The families who navigate these challenges most successfully are often the ones who took the time to prepare beforehand.

At Losavio & DeJean , we help individuals and families create personalized plans designed to protect their assets, preserve their wishes, and provide peace of mind for future generations.

While none of us can predict what tomorrow will bring, we can take steps today to ensure our loved ones are protected no matter what the future holds.

If you have questions about estate planning, asset protection, Powers of Attorney, Medicaid planning, or Trusts, call (225)-769-4200.

Our team is here to help guide you through the process.

A Power of Attorney: Why & When Is It Needed

Thu, 11 Jun 2026 14:01:13 GMT

A Power of Attorney (POA) should be part of everyone’s estate planning documents.

However, many people fail to include this document in their plans because they do not know what it is or realize how important it can be for their future. That is why, in this blog post, we will review what a POA is, when it is needed, and why you should include it in your estate planning documents.

What Exactly Is a Power of Attorney?

A Power of Attorney (also known as a Mandate or Procuration in Louisiana) is a legal document that allows you to choose another person to make certain decisions on your behalf. This chosen person is called an agent or attorney-in-fact.

The Different Types of Power of Attorney in Louisiana

In Louisiana, there are different types of Power of Attorney:

General Power of Attorney

A General Power of Attorney authorizes an agent to make decisions on your behalf, including financial and healthcare matters. This type of legal document is usually granted to a family member, spouse, or close friend. However, there are limitations to this POA. For instance, if a person becomes mentally incapacitated, the General Power of Attorney may become void.

A Limited or Special Power of Attorney

A Limited Power of Attorney grants specific and narrow powers to an agent, including the power to sell a single piece of land for a certain amount or a limited duration. This type of POA can be beneficial, primarily for bigger groups who want to grant one individual permission to conduct business transactions. This type of POA is usually used for matters of convenience instead of necessity and tends to contain very specific language about an agent’s authority.

A Medical Power of Attorney

A Medical or Healthcare Power of Attorney allows an agent to make medical decisions on a person’s behalf. This can include obtaining procedures, ordering tests, and obtaining care arrangements.

A Financial Power of Attorney

A Financial Power of Attorney is a document that allows a person to select someone to make financial decisions on their behalf. These decisions may include accessing financial accounts, paying expenses, buying or selling assets, entering into legally binding contracts, creating trusts, or making donations. This document also grants the chosen representative the authority to manage finances and assets in accordance with a person’s wishes.

What Happens If a Person Does Not Have a Power of Attorney?

If you become unable to make decisions for yourself and do not have a valid Power of Attorney in Louisiana, you may need to go through a legal process called interdiction. This will involve a court declaring you legally incompetent and appointing a curator to manage your affairs. However, this process is often expensive and can cause family disputes. Moreover, the person appointed as curator may not necessarily be the one you would have chosen to manage your affairs.

Do You Need a POA? Contact Losavio & DeJean Today To Learn More

To learn more about POAs and whether you should include them in your estate plan, contact Losavio & DeJean, LLC, today. Our experienced estate planning attorneys can review your questions in detail and develop a plan that can help protect your estate and your future.

A Look At 5 Types of Benefits Available to Louisiana Veterans

Thu, 11 Jun 2026 14:00:31 GMT

Many people assume that only veterans who were disabled while on active duty can qualify for veterans’ benefits. But this isn’t always the case.

While it’s true that compensation benefits may be reserved for veterans disabled in active service, there are other available benefits for Louisiana veterans.

Let’s take a look at five types of benefits available to veterans in Louisiana.

1. Financial Benefits

Louisiana offers several different types of financial benefits for its veterans. Here are some common ones below:

Veterans’ combat pay (such as hazardous duty pay) is not only exempt from federal taxation but also any Louisiana state taxation. Additionally, military retirement benefits are exempt from state taxation as well.
Any federal retirement benefits received by federal retirees are excluded from Louisiana state tax income.
Eligible survivors of military service members who died in the line of duty or whose death resulted from a service-related disease or injury (referred to as “Dependency and Indemnity Compensation” or “DIC”) is considered a tax-free benefit.
Qualifying Louisiana veterans may also receive homestead tax benefits, helping to protect their homes’ value. For example, qualifying veterans may receive a homestead tax exemption applying to the first $7,500 in the home’s assessed value. Additionally, Louisiana disabled veterans or the families of those service members killed in action may receive special property tax exemptions. These eligible veterans or beneficiaries may receive an additional $7,500 exemption in addition to the homestead exemption.

To find out if you qualify for these exemptions, you can contact your local parish’s veterans service office, or a qualified Louisiana veterans benefits attorney.

2. Educational Opportunities

Louisiana also offers educational opportunities to its veterans through its Dependents Education Assistance statute. Louisiana offers education assistance to surviving spouses of veterans and children of 90% or greater disabled veterans as well as children of 100% disabled and unemployable veterans.

To qualify, the deceased veteran must have been a Louisiana resident for at least 12 months before entering military service, whereas a living veteran must have lived in Louisiana for at least 24 months before the applicable child (who is between the ages of 16 -25) is admitted to the educational program.

3. Employment Opportunities

For individuals with military training and experience, Louisiana allows the transfer of these military skills to civilian employment, through the offering of corresponding professional licenses or certifications.

To find out if you’re eligible for these employment opportunities, contact a qualified Louisiana veterans benefits attorney.

4. Memorial and Burial Benefits

Veterans, their surviving spouses, and their dependent children are eligible to be buried in a national cemetery while using a VA-provided headstone. There is no charge for this burial for veterans, while there is a small fee for surviving spouses and dependent children.

In Louisiana, national cemeteries include Baton Rouge National Cemetery, Louisiana National Cemetery, Alexandria National Cemetery, and Port Hudson National Cemetery.

5. Housing Benefits

Finally, Louisiana provides housing benefits to veterans who are Louisiana residents and have been honorably discharged from military service.

Monthly housing costs are contingent on how much the veteran can pay. Additionally, surviving spouses and Gold Star parents may be eligible for housing benefits if they meet certain criteria.

Some veterans’ home sites include Louisiana State Veterans Home at Bossier City, Jackson, Jennings, Monroe, and Reserve.

Why Retain Losavio & DeJean, LLC?

At Losavio & DeJean, LLC, we provide clients with specialized, experienced, compassionate legal services, and we have deep knowledge and experience in veterans benefits law. Our Baton Rouge estate planning lawyers have provided dedicated, knowledgeable legal services since 1976, and we can put our experience to work for you, too.

To help veterans and the widow(er)s of veterans obtain veteran’s benefits, your attorney must be accredited with the Department of Veterans Affairs (VA). At Losavio & DeJean, LLC, all of our disability law attorneys in Baton Rouge are accredited by the Department of Veterans Affairs.

We are committed to providing empathetic and compassionate legal counsel. When you work with us, your needs come first.

A Health Care Power of Attorney Is Not Enough

Thu, 11 Jun 2026 13:58:05 GMT

To be fully protected for medical issues, ever person needs a health care power of attorney, advance medical directives, and a living will. Without the advance medical directives , you lose control over your medical decisions in the event of incapacity.

The only way to maintain control if you cannot communicate is to have instructions to your health care agent written down in advance. Losavio and Dejean has a copyrighted 11 page advance medical directive to help you give specific instructions to your health care agent. Furthermore, the advance medical directive prevents arguments and eliminates emotional burden about your care, because you have made the difficult decisions.

For your life care and estate planning needs, contact Losavio & Dejean at 225-769-4200

Affidavit of Small Succession in Louisiana: Who Qualifies & How To File

Thu, 11 Jun 2026 13:57:41 GMT

Many families are surprised to learn that a formal succession is not always required under Louisiana law.

When an estate meets certain criteria, heirs may be able to use an Affidavit of Small Succession to transfer property without going through the court process. While this option can significantly simplify matters, it is important to understand the legal requirements before relying on it.

What Is an Affidavit of Small Succession?

An Affidavit of Small Succession is a legal document that allows heirs to transfer a deceased person’s property without opening a formal succession in court. Instead of going through a lengthy judicial process, qualified heirs can use this affidavit to establish their rights and take possession of certain assets.

This option is especially helpful when the estate is modest and there are no disputes among heirs. It is commonly used to transfer bank accounts, vehicles, or small parcels of property.

Who Qualifies for a Small Succession in Louisiana?

Not every estate qualifies for this simplified process. Louisiana law sets specific requirements that must be met.

First, the value of the estate must be $125,000 or less. This amount excludes certain exempt property, such as the family home under some circumstances.

Second, at least one of the following must apply:

The deceased died without a Last Will and Testament and more than 20 years have passed since their death, or

The deceased died with or without a will, and the estate qualifies as a small succession based on its value

In addition, there must be no pending application for the appointment of a succession representative. The heirs must also agree on how the property will be divided. If there is conflict, a formal succession may still be necessary.

What Information Must Be Included?

The affidavit must be detailed and accurate. It typically includes:

The full name and date of death of the deceased
A statement confirming the estate qualifies as a small succession
A description of the property being transferred
The names and addresses of all heirs or legatees
The relationship of each heir to the deceased
Whether the deceased left a will, and if so, a copy of it

The affidavit must be signed by at least two persons who have knowledge of the relevant facts. If there is a surviving spouse, the spouse must be one of the signers. Louisiana law does not require every heir to sign. However, any heir who does not sign must be given proper notice.

Accuracy matters. Errors or omissions can delay the transfer of property or lead to legal complications later.

How to File the Affidavit

Once completed and notarized, the affidavit must be filed in the parish where the deceased lived at the time of death. If the estate includes real estate, the affidavit should also be recorded in the conveyance records of the parish where the property is located.

After filing, heirs can present certified copies of the affidavit to banks, title companies, or other institutions to transfer ownership of assets.

Keep in mind that each institution may have its own requirements. Some may request additional documentation before releasing funds or retitling property.

Contact Our Legal Team Today To Learn More

While an Affidavit of Small Succession can simplify the transfer of property, it still requires careful attention to Louisiana law. Even small errors can lead to delays, title defects, or complications later. Working with an experienced attorney helps ensure the process is handled correctly from the start.

If you have questions about whether a small succession is appropriate or need help preparing an affidavit, contact Losavio & DeJean to discuss your situation.

6 Things You Should Know About Louisiana Interdiction

Thu, 11 Jun 2026 13:56:18 GMT

All states have laws and regulations addressing legal incapacity – when a person cannot make (or communicate) decisions for themselves.

Similar to this, Louisiana has a process called interdiction – where a court determines that a person can no longer make decisions about themselves or their property.

In Louisiana, an interdiction is a legal process where the court decides whether a person cannot make or communicate decisions. If the court determines that the person is incapable of making or communicating decisions, the court will appoint a person to do so for the incapacitated individual.

Keep reading to learn about six things about Louisiana interdiction.

1. What is limited interdiction?

Like limited capacity, limited interdiction in Louisiana occurs when the court determines that an individual is incapable of making certain decisions about their person or property but not all decisions. For example, a person may generally be able to bathe and dress, but they may not be able to make sound decisions about their finances.

2. What is full interdiction?

Full interdiction occurs when a Louisiana court determines that an individual cannot make any consistent decisions about their person or property.

3. What is the legal impact of interdiction in Louisiana?

In Louisiana, a full interdiction determination means that the person (or the interdict) cannot legally make decisions for themselves, such as opening a bank account or signing a contract.

If a court declares the person to be a limited interdict, then that person may not make certain legal decisions where they may be able to make others. For example, the limited interdict may make legal decisions about their personal care but not about their finances.

4. What is a curator?

A curator is a person appointed by the Louisiana court to oversee the incapacitated individual’s decision-making. In other words, the curator acts on behalf of the interdicted person regarding their personal or financial affairs.

In Louisiana, the curator has the legal authority to make some or all decisions for the incapacitated individual while acting in the interdict’s best interest at all times.

Additionally, the curator files an annual report with the Louisiana court, listing the interdict’s assets and expenses for that year as well as whether any property was bought or sold. Further, the curator addresses how the incapacitated person is doing physically and mentally. If there is any change in the interdict’s health or medical treatment, then the curator must address this in the annual report as well.

5. What is an undercurator?

An undercurator is a person appointed by the court to confirm that the curator is acting in the interdict’s best interest. To do this, the undercurator is permitted to see all annual reports, financial documents, and medical records – making sure that the curator is keeping the incapacitated person’s best interest in mind.

6. What are some alternatives to Louisiana’s interdiction process?

There are some ways to avoid Louisiana’s interdiction process if you plan ahead. For example, you can plan for yourself or provide for your loved ones through health care or financial powers of attorney, legal conservatorships, living will declarations, or trusts, among others. An experienced interdiction attorney can help you better protect yourself and your loved ones.

Why Retain Losavio & DeJean, LLC?

Not all attorneys have experience handling interdiction cases, so it is important to retain an attorney who understands this specialized field of law. At your initial office consultation with Losavio & DeJean, LLC, you will be interviewed by one of our attorneys to attain the information we need to navigate your case. We can discuss and make recommendations regarding the interdiction and provide you with an estimate on fees and costs.

5 Steps To Take To Preserve Your Assets In Retirement

Thu, 11 Jun 2026 13:37:22 GMT

Transitioning to retirement can be challenging for most. After working for decades, there’s no place to be – no meetings to attend.

We’re confident you’ll fill your schedule, and like most retirees, you may be busier than ever – doing the things you want to do. But what about your assets? Without a steady paycheck, you may be wondering how to best preserve your assets in retirement.

Here are five estate planning steps to protect your assets in retirement so you provide financial security for your loved ones and minimize probate and estate taxes.

1. Create a last will and testament

A foundational estate planning task is creating a last will and testament if you haven’t already done so. A will is a legal document that specifies how you want your assets distributed after your death as well as who will administer your estate.

Having a will allows you to streamline any legal processes after your death for your loved ones while protecting any inheritance for your estate’s heirs. Through a will, you can also specify your wishes for your funeral and burial costs, helping to avoid any family arguments after you’re gone.

2. Create a trust

Depending on your situation, you may also want to create a trust as part of your estate plan. A trust is a fiduciary, legal arrangement, allowing a third party (or trustee) to hold assets on behalf of a beneficiary.

Like with a will, you can arrange a trust in a variety of ways, specifying how you want your assets to pass to your family members, close friends, or your chosen charities.

Additionally, trusts typically avoid probate (which is called “succession” in Louisiana), meaning your beneficiaries will have access to these assets sooner rather than later. For irrevocable trusts, they are not part of your taxable estate, helping you to reduce potential taxes.

To learn more about how to control your wealth and protect your legacy, contact a qualified Louisiana estate planning attorney today.

3. Understand the Tax Implications of Gifts

Another way to pass assets to your loved ones or a charity is through gifts.

If your monetary gifts are under $16,000 (for 2022) or $17,000 (for 2023) per recipient, you can avoid federal tax. The amount of monetary gifts you make during your lifetime is not available to pass assets at your death under the Estate and Gift Tax Applicable Exclusion (which is $12.06 million per individual in 2022 and $12.92 million per individual in 2023).

This means – at death – a married couple can pass up to $25.84 million in 2023 without paying any federal gift or estate tax.

Louisiana does not have an inheritance or gift tax.

4. Explore Long-Term Care Planning

Planning for long-term care planning is another way to protect your assets later in life. For example, long-term care planning allows you to plan for your elder care (and its expense) while you can.

One way to protect your assets is with long-term care insurance, enabling you to rely on insurance coverage for health care rather than your hard-earned money. Planning for long-term care also removes stress from your family members when they may need to make decisions for your care when you can no longer do so.

5. Understand Joint Ownership

Finally, joint ownership may be another option for you and your family. For example, by jointly titling assets, you avoid the time-consuming process of probate as well as preventing will contests after you’re gone.

However, joint ownership is not the best option for everyone. To understand if any of your assets need to be jointly titled, contact an experienced Louisiana elder law attorney today.

In addition to preserving your wealth and protecting your estate, there are steps you can take to ensure that you are protected as well. For example, planning for powers of attorney, and Medicaid, disability benefits can ensure that if the unexpected happens, you and your family are taken care of.

Why Retain Losavio & DeJean, LLC?

At Losavio & DeJean, LLC, we provide clients with specialized, experienced, compassionate legal services, and we have deep knowledge and experience in elder law. Our Baton Rouge estate planning lawyers can also travel to you if need be.

5 Secrets IRS Agents Won't Tell You If You Owe Taxes

Thu, 11 Jun 2026 13:35:58 GMT

The IRS is the most powerful collection agency in the world, gaining more and more power by the minute.

The Inflation Reduction Act is funding $45 billion solely allocated to the hiring of 87,000 new enforcement agents. Those enforcement agents are usually just working to collect money, not necessarily working with your best interest at mind.

There’s a few things the IRS does not want you to know when you owe taxes.

1. Before evaluating which collection alternative is best, the taxpayer should confirm that the amount owed is correct by reviewing his/her taxes and transcripts.

If the taxes or penalties can be reduced, the taxpayer should consider requesting the appropriate reduction using one of the following IRS procedures:

File an amended return
Request penalty abatement
Audit Reconsideration

Once the taxpayer is satisfied that the taxpayer owes the balance in question, the taxpayer should then turn to evaluating payment alternatives. The IRS fails to highlight the different alternatives to pay your taxes. Taxpayers should evaluate collection alternatives by understanding each alternative, and then applying the ability to pay by their personal circumstances to find the right alternative.

2. Do you qualify for IRS penalty relief?

Penalty abatement provides relief from IRS tax penalties. Penalties are common when filing taxes, with the IRS issuing almost 40 million penalties in 2018. Most penalties result from late filings, late payment or filing an inaccurate tax return.

The Internal Revenue Service does not want you to know about penalty abatement. Penalty abatement is usually a request for non-assertion of a penalty or removal of a penalty. The type of penalty dictates the available options for relief. There are three penalties most commonly assessed by the IRS: failure to pay, failure to file, and the estimated tax penalty. Accuracy penalties for failing to file an accurate tax return are not common, but an accuracy penalty may be costly in an audit.

Call (225) 439-1022 to see if you may qualify for penalty abatement.

3. An IRS agent usually won’t tell you about innocent spouse relief. How can this type of relief benefit you?

By requesting innocent spouse relief, an innocent spouse can be relieved of responsibility for paying tax, interest and penalties, if your spouse or former spouse improperly reported items or missed items on your tax return. However… if you filed a joint return, you are responsible for any tax interest and penalty that do not qualify for relief. Innocent spouse relief can only apply to individual income and self-employment taxes.

To request innocent spouse relief, contact one of our tax specialists today at (225) 439-1022.

4. Taxpayers are generally unaware that the IRS has four basic categories of collection alternatives. Those four categories include:

I. Extension to Pay : A taxpayer can get an extension up to 120 days to pay an outstanding balance owed.

II. Installment Agreement : Taxpayers can opt into a monthly payment plan with the IRS. There are two types of installments.

a. streamlined installment agreement- qualifying taxpayers can pay the amount owed over a specified period of time without the need to provide detailed financial information to the IRS. This is the most commonly used payment plan, as it’s easy to obtain and reduces the possibility of a federal tax lien.

b. ability-to-pay installment agreements- this agreement requires the taxpayer to provide information and documentation to prove their ability to pay towards their tax balance. Ability-to-pay payment plans are usually for taxpayers who don’t qualify for the terms of the simple installment agreement.

III. ’Currently Not Collectible’ Status : Taxpayers who experience financial hardship, and only have enough income to pay for their necessary living expenses, can qualify and receive a temporary payment deferral. The taxpayer must provide financial information and documentation of proof that they cannot pay.

IV. Offer in Compromise : If you cannot pay the IRS with your assets or by making future installment agreement payments, you may be able to cancel your taxes for less than the amount owed. Taxpayers who qualify can offer their reasonable potential to settle their tax bill.

5. Can I settle my tax debt for less than I owe?

This is not a secret in the sense that the radio and television commercials are saying you can settle for pennies on the dollar. However, although it is possible, you may not qualify. The vast majority of offers in compromise are rejected. Taxpayers may be able to settle their outstanding liability for less than the amount owed if they qualify for an offer in compromise, and are able to pay the offer amount.

There are three types of offer in compromise… with doubt as to collectibility being the most requested type. Taxpayers can qualify for an offer in compromise if they are unable to pay their outstanding balances in full (using net equity in assets and future monthly payments) before the collection statute of limitations expires. If a taxpayer qualifies for an offer in compromise, the taxpayer must compute how much they will need to offer and pay to settle their taxes. Most offer requests take between 6 to 10 months to complete from application through the IRS’s final approval.

In summary…

It may not be obvious for you which alternative is best. For example, many taxpayers who owe small amounts and make substantial income may only need an extension to pay the excess funds necessary. If the taxpayers are under financial distress, the taxpayer will have to evaluate all payment options and even consider settling their taxes with an offer in compromise.

4 Things To Understand About Veterans Benefits in Louisiana

Thu, 11 Jun 2026 13:34:47 GMT

Federal benefits are available to just over 18 million U.S. veterans, according to the United States Census Bureau . However, what about state benefits?

Each U.S. state offers additional benefits for veterans and their families, including education and training programs as well as military pay tax exemptions. Louisiana is no different.

The 283,000 veterans living in the state of Louisiana can enjoy numerous benefits and exemptions, with the Louisiana Department of Veteran Affairs serving veterans across 74 parishes.

Keep reading to learn four things about veteran benefits in Louisiana.

1. Military and Combat Pay Exemptions

In Louisiana, veterans’ combat pay (such as hazardous duty pay) are not only exempt from federal taxation but also any Louisiana state taxation. Additionally, military retirement benefits are exempt from state taxation as well.

2. Homestead Exemptions

Qualifying Louisiana veterans may also receive homestead tax benefits, helping to protect their homes’ value. For example, qualifying veterans may receive a homestead tax exemption applying to the first $7,500 in the home’s assessed value.

Additionally, Louisiana disabled veterans or the families of those service members killed in action may receive special property tax exemptions. These eligible veterans or beneficiaries may receive an additional $7,500 exemption in addition to the homestead exemption.

To find out if you qualify for these exemptions, you can contact your local parish’s veterans service office or a qualified Louisiana veterans benefits attorney.

3. Education and Training Program Assistance

Louisiana veterans may also take advantage of state-offered education assistance programs for:

Spouses of deceased veterans
Children of veterans with a 90% or more service-connected disability rating
Children of veterans with a 100% or more service-connected disability rating because of unemployability

Eligible spouses and children may be exempt from paying tuition for any of the following:

Universities
State colleges
Trade or vocational schools

Note that under this program, the eligible spouse or child must pay any student-fees. These fees aren’t exempt under Louisiana’s program. Additionally, this exemption is available for any four-year program (which must be completed within five years).

4. Financial Hardship Assistance

Financial hardship assistance is another Louisiana veteran benefit provided under the Military Family Assistance Fund (MFA). Veterans and active-duty members experiencing financial hardship may qualify for up to $10,000 annually per veteran or active-duty member.

Louisiana veterans or active-duty members may use this financial assistance for the following expenses:

Household expenses such as rent, mortgage, or repairs on a primary residence
Vehicle expenses such as car payments, insurance, and certain major vehicle repairs
Utility expenses such as electricity, gas, or sewage
Some medical expenses

Here are some expenses that are not eligible:

Credit card bills
Income property expenses
Home improvements
Legal expenses
Cable or internet expenses
Cosmetic procedures

Why Retain Losavio & DeJean, LLC?

Not all attorneys have experience handling veterans’ benefits and claims, so it is important to retain an attorney who understands this specialized field of law. At your initial office consultation with Losavio & DeJean, LLC, you will be interviewed by one of our attorneys to fully understand your needs.

4 Things To Know About Veterans Improved Pension Plan

Thu, 11 Jun 2026 13:33:28 GMT

Returning to civilian life as a veteran is challenging – to say the least.

From a loss of identity, to health issues, to financial concerns, veterans need support when integrating back into non-military life.

The Veterans’ Improved Pension Plan is one type of support. The Department of Veterans Affairs runs this pension program, which provides benefits to eligible disabled veterans (whose disabilities were not related to their military service). Originally created in 1979, this program has enjoyed different names, such as Section 306 Pension, Old Law Pension, or, simply, Pension.

Keep reading to learn more about the Veterans’ Improved Pension Plan.

1. Who may apply for these pension benefits?

Disabled veterans, their surviving spouses, or the children of a deceased veteran may apply for these benefits. All applicants must meet specific requirements under the law to receive these pension benefits.

2. What are the service requirements for this pension benefit?

Like other veterans’ benefits, pension applicants must meet certain requirements before applying for the Improved Pension Plan. For instance, the applicant must meet the four following requirements:

Have veteran status, meaning the veteran served in the “active military, naval, or air service”
Have at least ninety (90) days of active duty service if their service occurred before 1980 or twenty-four (24) months for service occurring after 1980
Have at least one (1) day of active service during a declared wartime period
Have a discharge or release other than dishonorable.

3. What if veterans receive these pension benefits as of December 31, 1978?

For disabled veterans receiving a pension on December 31, 1978, don’t have to reapply for pension benefits under the Improved Pension Plan.

Instead, they will continue to receive their pension benefits at the given rate that they were receiving on December 31, 1978, as long as their income and net worth remain within the established limits and the beneficiary has the same number of dependents.

The Veterans Administration (VA) may adjust these rates if eligibility changes or for other reasons, such as a VA-facility hospitalization.

4. How are Improved Pension Plan benefits calculated?

Like other benefits, Veterans’ Improved Pension Plan benefits have maximum annual rates. For example, the monthly benefit payment is reduced by the veteran’s countable income as well as any countable income of the spouse and child(ren).

Further, if the veteran does not have a spouse or child and is being provided health care services at home or in a nursing home, then the monthly benefit is reduced to an amount (not to exceed $90 per month) after three (3) calendar months of care.

Understanding these limits and reductions is essential when planning for your and your family’s financial future. Connecting with an experienced veterans’ benefits attorney can advise you on which limits or reductions may apply to you.

Why Retain Losavio & DeJean, LLC?

3 Things To Understand About Medicaid Qualification in Louisiana

Thu, 11 Jun 2026 00:28:25 GMT

When creating your estate plan, planning for your health and medical care is critical.

Ensuring that you get the medical care you need – now and in the future – not only helps you live your best life, but it also takes the stress and worries off your loved ones, knowing that your medical needs are met.

So, when planning for your future, make sure that you don’t overlook Medicaid planning.

Keep reading to learn more about what Medicaid is and how to qualify for it in Louisiana.

1. What is Medicaid?

Medicaid is a government program that provides medical benefits to low-income families and individuals. As of 2019, over 75 million Americans received healthcare through Medicaid, including long-term care through nursing homes. In Louisiana, over one million people receive healthcare through Medicaid, which operates through Louisiana’s Department of Health.

Medicaid is the single largest source of healthcare and medical coverage in the United States.

2. How Do I Qualify for Medicaid in Louisiana?

The initial qualification for Medicaid is determined using the federal poverty level income guidelines. For example, the federal poverty level income guideline for individuals is $13,590 (in 2022), and for a family of 4, it’s $27,750 (in 2022). These 2022 guideline limits determine coverage for 2023.

Once you meet the income guidelines, then you’ll qualify for Medicaid in Louisiana if you meet the following:

You’re receiving Social Security Supplemental Security Income (SSI)
Get financial assistance from the Office of Family Support (OFS) through the Family Independence Temporary Assistance Program (FITAP)

However, you also may qualify for Medicaid in Louisiana if you meet the following:

You are disabled, according to the Social Security Administration’s definition of disability.
You have corrected vision no better than 20/200.
You have breast and/or cervical cancer, and you have no health insurance.
You are low-income and receive Medicare.

An experienced Louisiana elder law attorney can help you determine if you or your loved one qualifies for Medicaid.

3. How Do I Protect My Home from Medicaid Estate Recovery?

When a Medicaid recipient passes away, their home may be possessed by the state in an effort to recover any Medicaid benefits received. This is called the “Medicaid Estate Recovery” program.

However, with the help of an experienced elder law attorney, you can avoid this by ensuring that your house does not fall under Louisiana’s probate (or succession) process. After all, you probably would rather your children, grandchildren, or other family members get your house after you pass – not the government.

At Losavio & DeJean, LLC, we have developed innovative and creative strategies to protect your home from Louisiana Medicaid Estate Recovery.

We know these conversations are challenging to have. Our estate planning lawyers at Losavio & DeJean, LLC, offer every client compassionate and empathetic legal representation that considers the whole person. When you hire one of our Medicaid planning attorneys in Baton Rouge, you can be sure you are getting experienced legal representation that puts you and your needs first.

Why Retain Losavio & DeJean, LLC?

3 Things To Know About Succession Proceedings In Louisiana

Thu, 11 Jun 2026 00:24:24 GMT

Losing a loved one is often an emotional rollercoaster. However, numerous legal matters must be handled beyond the grief, making the loss of a loved one even more challenging.

In most states, when a person passes away, their estate enters into a court-supervised process called probate. Probate is the legal process of distributing the deceased person’s assets according to their last will and testament.

This process also occurs in Louisiana, but it’s called succession – not probate.

Keep reading to learn more about succession proceedings in Louisiana.

Is Succession in Louisiana Required?

Succession isn’t always required in Louisiana. It depends on the size of the estate and whether the deceased had an executed will.

For example, if a person dies without a will and their estate is less than $125,000, then “succession” may be completed by filing a small succession affidavit.

If a person dies with a will or the net value of their estate is more than $125,000, then the heirs may acquire the assets directly without appointing an administrator or executor. However, the key here is that the distribution of assets must be uncontested and easily determined. Further, no business concerns or litigation surrounding the matter should exist.

Is an Executor Required for Succession Proceedings?

If, on the other hand, an estate is contested, the assets aren’t easily determined, or other issues exist, then an executor may be appointed. Here, the executor would help to determine and preserve assets, pay debts, manage property or businesses, litigate any outstanding legal issues, and distribute assets to heirs.

How Long Does Succession Take in Louisiana?

The amount of time succession takes in Louisiana is often determined by the size of the estate, the existence of a will, and the agreement as to the distribution of assets by the heirs.

For example, an estate under $125,000 will take less time (and less money) to distribute than a large estate with pending litigation or disagreement among family members. Further, if a larger estate requires an executor to take an inventory of assets and debts (and creditors have the opportunity to submit any claims), the process may take six months or more.

However, engaging an experienced succession attorney can help navigate the succession process more effectively than family members taking it on alone.

Why Retain Losavio & DeJean, LLC?

At Losavio & DeJean, LLC, The Louisiana Elder Law Firm, we understand that every client has their own unique facts concerning assets, debts, problems, and contested matters. That is why we are committed to creating custom legal strategies that are tailored to your estate’s needs. You have spent a lifetime building your estate and growing your wealth, so now is the time to begin estate planning and protecting your assets and property from a challenging succession process.

Our Baton Rouge probate lawyers have four decades of experience with the complexities of successions, so you can feel confident knowing that we’ve chosen the right succession procedure for you and your loved ones. We strive to ensure that every detail of your case is addressed, handled, and resolved appropriately.

3 Common Types of Louisiana Trusts To Consider When Creating Your Estate Plan

Thu, 11 Jun 2026 00:22:52 GMT

Certain documents – such as wills or powers of attorney – are standard when creating your estate plan. But what about adding a trust?

Including a trust in your estate plan gives you additional protection for yourself and your loved ones. A trust can also protect your legacy – creating a path forward for your wishes after your death.

What is a trust?

A trust is a legally binding agreement between the person creating the trust (the trustor) and the person or entity managing the trust and its assets (the trustee). Trustors may also be referred to as a grantor or settlor.

Like a will, a trust often has beneficiaries, such as your spouse, children, or charities. Under the terms of the trust, the beneficiaries will receive certain assets from the trust, according to your instructions.

Many types of trust exist. Keep reading to learn more about three common types of Louisiana trusts.

1. Revocable Living Trusts

A revocable living trust is a trust into which you can transfer your assets. Essentially, it serves as a legally-protected vessel for various types of assets, including:

Homes
Vehicles
Boats
Firearms
Financial accounts, such as bank or brokerage accounts

Because this type of trust is revocable, you can move assets in and out of this type of trust as necessary while avoiding probate down the road.

2. Irrevocable Trusts

Where you can transfer your assets in and out of a revocable trust, an irrevocable trust is the opposite. For irrevocable trusts, you can’t edit or modify once it’s established unless you have the beneficiary’s permission.

In other words, once you transfer your assets into an irrevocable trust, you lose all ownership of those assets.

So why would you want such a stringent type of trust in your estate plan?

An irrevocable trust can help shield your assets from estate or gift taxes – since they are removed from your estate. Additionally, an irrevocable trust can protect these assets from creditors.

A qualified estate planning attorney can help you determine if an irrevocable trust suits your situation.

3. Joint Trusts

You may prefer a joint trust if you’re creating it with another person, such as your spouse. In a joint trust, all marital assets are kept in a single trust.

Both spouses can legally control the assets held in a joint trust, serving as a revocable trust. When one partner dies, the surviving partner becomes the trustee, and the trust becomes irrevocable.

A joint trust may have less asset protection than a single trust for each spouse since a legal judgment over one spouse could impact all of the marital assets in a joint trust. However, a qualified estate planning attorney can assess your situation to determine if a joint trust is right for you.

Why Hire Losavio & DeJean, LLC?

We know that talking about estate planning issues can be complicated, causing stress and confusion. At Losavio & DeJean, LLC, we are committed to providing empathetic and compassionate legal counsel. When you work with us, your needs come first.

Will Medicaid Take My House? Understanding Medicaid Estate Recovery and How Trust Planning Can Help Protect Your Family Home

Tue, 09 Jun 2026 21:44:53 GMT

For many Louisiana families, the family home represents far more than a piece of real estate. It is where children were raised, holidays were celebrated, and memories were made over generations. Unfortunately, one of the most common concerns I hear from clients is:

"If I need Medicaid to pay for nursing home care, will the state take my house?"

The answer is more nuanced than many people realize. While your home is often protected during your lifetime for Medicaid eligibility purposes, it may still be vulnerable after your death through a process known as Medicaid Estate Recovery . Understanding how this process works—and planning ahead with the right legal tools—can make a significant difference in preserving your family's legacy.

What Is Medicaid Estate Recovery?

Federal law requires states, including Louisiana, to operate a Medicaid Estate Recovery Program. When certain Medicaid recipients pass away, the Louisiana Department of Health may seek reimbursement for Medicaid benefits that were paid on their behalf, particularly long-term care expenses such as nursing home care.

In many cases, the family home is one of the largest assets remaining in the estate and can become a target for recovery efforts. Medicaid estate recovery generally occurs after the recipient's death and may affect assets that pass through the succession process.

Can Medicaid Take My Home While I'm Alive?

In most situations, no.

Louisiana Medicaid often treats a primary residence as an exempt asset when determining eligibility for long-term care benefits. This means many individuals can qualify for Medicaid without immediately selling their home. However, "exempt" does not necessarily mean "protected forever."

Many families are surprised to learn that while the home may not prevent Medicaid eligibility, it can still be exposed to estate recovery later. This distinction is one of the most important aspects of Medicaid planning.

When Estate Recovery May Not Apply

Louisiana law provides important protections in certain circumstances. Estate recovery is generally delayed if the Medicaid recipient is survived by a spouse. Additional protections may apply when there is a surviving child who is under age 21, blind, or disabled.

However, once those protections no longer exist, the state may still have the ability to pursue recovery. Because every family's situation is unique, it is important to review your circumstances with an experienced elder law attorney .

How Trust Planning Can Help Protect the Family Home

One of the most effective planning tools available in appropriate situations is an irrevocable trust , often referred to as a Medicaid Asset Protection Trust.

When properly established and funded well before long-term care is needed, an irrevocable trust can remove assets from your countable estate while preserving them for your loved ones. Assets transferred into the trust are no longer legally owned by you, which can provide protection from future Medicaid estate recovery efforts.

For many families, placing the family home into a carefully designed trust can help accomplish several goals:

Preserve the home for children and future generations
Reduce exposure to Medicaid estate recovery
Avoid unnecessary succession complications
Maintain greater control over how assets are distributed
Create long-term asset protection strategies

The Five-Year Look-Back Rule

Timing is critical.

Medicaid imposes a five-year look-back period on certain asset transfers. If assets are transferred into an irrevocable trust too close to the time Medicaid benefits are needed, penalties may apply and eligibility could be delayed. For this reason, proactive planning is almost always more effective than waiting until a health crisis occurs.

Families who begin planning early often have significantly more options available than those forced to make decisions during an emergency.

Not Every Trust Provides Protection

A common misconception is that any trust will protect assets from Medicaid.

In reality, many revocable living trusts do not provide Medicaid asset protection because the person creating the trust retains control of the assets. The structure, language, funding, and administration of a trust all matter. An improperly designed trust can fail to achieve the intended protection and may even create eligibility problems.

That is why Medicaid planning should always be coordinated with an attorney experienced in elder law, estate planning , and long-term care planning.

The Best Time to Plan Is Before a Crisis

The most successful Medicaid protection plans are developed years before nursing home care becomes necessary. While crisis planning strategies may still be available in certain situations, families generally benefit from greater flexibility when they start early.

At Losavio & DeJean , we regularly help Louisiana families evaluate their options for protecting homes, savings, and other assets while preparing for the possibility of future long-term care needs. Our goal is to help clients maintain dignity, preserve family wealth, and create peace of mind for future generations.

Schedule a Consultation

If you are concerned about Medicaid estate recovery or want to explore whether a trust may help protect your family home, now is the time to start the conversation .

Every family's situation is different, and the right strategy depends on your assets, health, family dynamics, and long-term goals. Working with an experienced Louisiana elder law attorney can help you understand your options and build a plan that protects what matters most.

Why Do I Need a Power of Attorney in Louisiana?

Tue, 09 Jun 2026 21:30:17 GMT

Why a Power of Attorney Is One of the Most Important Estate Planning Documents

Many people believe estate planning is only for retirees or wealthy families. In reality, every adult should have a Power of Attorney (POA) in place. A Power of Attorney is a legal document that allows someone you trust to make decisions on your behalf if you become unable to manage your affairs.

At Losavio & DeJean, LLC , we often meet families facing unexpected medical emergencies who discover they cannot access accounts, pay bills, or make critical decisions for a loved one because no Power of Attorney was ever created.

What Is a Power of Attorney?

A Power of Attorney authorizes another person, known as your "agent" or "mandatary," to act on your behalf. Depending on how the document is drafted, your agent may be able to:

Pay bills and manage finances
Access bank accounts
Handle real estate transactions
Manage investments
Sign legal documents
Make healthcare decisions
Communicate with healthcare providers

Without a properly drafted Power of Attorney, your loved ones may be forced to seek court intervention to obtain authority to act on your behalf.

What Happens If I Don't Have a Power of Attorney?

Many people assume that their spouse or adult children can automatically make decisions for them. Unfortunately, that is not always true.

Without a Power of Attorney, your family may encounter:

Frozen bank accounts
Delayed financial transactions
Difficulty accessing medical information
Court-appointed guardianship or curatorship proceedings
Significant legal expenses

These situations often occur during medical emergencies when families are already under stress.

Types of Powers of Attorney in Louisiana

Financial Power of Attorney

A financial Power of Attorney allows your chosen representative to manage financial matters such as:

Banking transactions
Property management
Tax matters
Business operations
Retirement accounts

Healthcare Power of Attorney

A healthcare Power of Attorney allows someone to make medical decisions if you become incapacitated and cannot communicate your wishes.

This can include decisions involving:

Medical treatments
Long-term care
Rehabilitation facilities
End-of-life care

Who Should Have a Power of Attorney?

The simple answer is: every adult.

You may need a Power of Attorney if you are:

Married
A parent
A business owner
Retired
Traveling frequently
Serving in the military
Caring for aging parents

Unexpected accidents and illnesses can happen at any age.

The Benefits of Planning Ahead

Creating a Power of Attorney gives you control over who will handle your affairs and how they will do so. Rather than leaving decisions to a court, you choose someone you trust.

A properly drafted Power of Attorney can:

Avoid costly legal proceedings
Protect your finances
Ensure continuity of care
Reduce family disputes
Provide peace of mind

Work with an Experienced Louisiana Estate Planning Attorney

Estate planning is about protecting yourself and your loved ones before a crisis occurs. A carefully drafted Power of Attorney is one of the most effective tools available.

The attorneys at Losavio & DeJean, LLC help individuals and families throughout Louisiana create comprehensive estate plans tailored to their unique needs.

The Growing Gap

Thu, 04 Jun 2026 22:30:04 GMT

Long-Term Care Costs in Louisiana Are Outpacing Inflation — And Your Insurance Probably Won't Cover the Full Bill

If you live in Louisiana, you may have heard that our state is one of the most affordable places in the country for nursing home care. That's true — but "affordable" is a relative term. Even here in Louisiana, the cost of long-term care is climbing faster than inflation, and a long-term care insurance policy is unlikely to cover the full daily cost of a nursing home stay. For families across the Pelican State, from Baton Rouge to Shreveport to the Northshore, this is a financial risk that demands serious attention.

What Louisiana Families Are Actually Paying

Louisiana consistently ranks among the least expensive states for nursing home care, but the numbers are still significant. Statewide, the average monthly cost for a semi-private nursing home room is approximately $5,759, with private rooms averaging around $6,060 per month. Those figures translate to roughly $189 to $199 per day — or approximately $69,000 to $72,700 per year.

But those statewide averages can be dangerously misleading, especially if you live in a major metro area. In Baton Rouge , nursing home facilities are currently running about $285 to $288 per day — roughly $8,650 to $8,740 per month, or $104,000 to $105,000 per year. That's nearly 50% higher than the statewide average, and it puts Baton Rouge much closer to national pricing than most Louisiana families realize. New Orleans and Houma are similarly expensive, while Monroe and parts of northern Louisiana remain more affordable.

To put that in context, the median household income for adults 65 and older nationwide is around $60,000 per year. For many Louisiana retirees , a single year of nursing home care could exceed their entire annual income.

Rising Faster Than Inflation — Even in Louisiana

While Louisiana's costs are lower than the national median of roughly $315 per day for a semi-private room, the same upward trajectory that affects the rest of the country is at work here too. Nationally, long-term care costs have risen at an average annual rate of about 3.7% over the past decade, according to Bureau of Labor Statistics data — well above the general inflation rate of roughly 2.5% over the same period. In 2024 alone, private nursing home room costs nationwide jumped by 9% in a single year.

Louisiana has not been immune to these increases. Assisted living costs in the state rose by nearly 27% between 2021 and 2024, according to Genworth data. Nursing home costs have followed a similar pattern. A semi-private room that cost roughly $4,500 per month in Louisiana just a few years ago now runs closer to $5,759 — and the trend shows no sign of slowing.

The forces driving these increases are especially relevant in Louisiana. Staffing shortages in the healthcare industry have pushed wages higher for nurses and certified nursing assistants, and those labor costs get passed along to residents. Our state's high rates of chronic conditions — diabetes, heart disease, obesity — mean that residents often require more intensive and costly care . And as the Baby Boomer generation ages, demand for nursing home beds continues to grow against a limited supply.

The CareScout Cost of Care Survey identifies inflation and labor costs as the two equal drivers of rising long-term care expenses nationwide. In Louisiana, where healthcare worker wages have historically been lower than the national average, the upward pressure on salaries to attract and retain staff may drive even steeper percentage increases in the years ahead.

Why Your Long-Term Care Insurance Probably Falls Short

Many Louisiana families who planned ahead and purchased long-term care insurance assume they're fully protected. The reality is more complicated. Most policies don't come close to covering the full daily cost of a nursing home — even in a relatively affordable state like ours.

When you buy a long-term care policy, you select a daily or monthly benefit amount. A common benefit level might be $150 per day, or around $4,500 to $6,000 per month. That might have sounded adequate based on Louisiana's statewide averages, but if you live in the Baton Rouge area where facilities are charging $285 to $288 per day, a $150-per-day policy leaves you covering $135 or more out of pocket every single day — roughly $4,100 per month, or nearly $50,000 per year, that your insurance won't touch.

A policy purchased 15 years ago with a $100-per-day benefit is even more alarming. Even with a 3% annual inflation rider, which is the most common option, that $100 benefit would have grown to only about $156 per day by now. Against Baton Rouge's current rates, that leaves a gap of roughly $130 per day — nearly $47,500 per year in out-of-pocket costs, on top of the premiums you've been paying all along. And that's with inflation protection. Without it, a $100-per-day benefit covers barely a third of the actual daily cost.

And 3% inflation protection simply isn't keeping pace with actual cost increases. When care costs are rising at 3.7% or more on average — and occasionally spiking by 5% to 9% in a single year — even the compound inflation rider falls behind over time. For policies without any inflation protection at all, the gap is enormous.

There's another limitation many policyholders don't fully appreciate: benefit periods are capped. Most modern long-term care policies limit benefits to three to five years, with lifetime maximums that might range from $165,000 to $300,000. At Baton Rouge rates of $285 to $288 per day, a $165,000 total benefit would be exhausted in less than 19 months — well short of the average nursing home stay of two to three years, and far short of what many residents ultimately need.

Premiums are another growing concern. Insurers have dramatically raised rates on existing policies as they've confronted the reality that people are living longer and filing more claims than originally projected. It's not uncommon for a Louisiana policyholder who was paying $1,800 a year to now face annual premiums of $5,000 or more for the same coverage — forcing painful decisions about whether to keep paying, reduce benefits, or drop the policy after years of investment.

What Medicare and Louisiana Medicaid Actually Cover

Many Louisiana residents mistakenly believe Medicare will handle a long-term nursing home stay. It won't. Medicare covers skilled nursing care for a maximum of 100 days following a qualifying three-day hospital stay, and after day 20 there's a daily copayment of $217 in 2026. Medicare does not cover the custodial care — help with bathing, dressing, eating, and daily activities — that makes up the majority of nursing home stays.

Louisiana Medicaid (known as Healthy Louisiana ) does cover long-term nursing home care, but the eligibility requirements are strict. In 2026, a single applicant must have income below $2,982 per month and countable assets of $2,000 or less. For married couples, the non-applicant spouse can retain up to $162,660 in assets through the Community Spouse Resource Allowance, but the financial requirements still demand that most families spend down the vast majority of their savings before qualifying.

Louisiana also applies a five-year look-back period on asset transfers, meaning gifts or transfers made within five years of applying for Medicaid can result in a penalty period of ineligibility. And Medicaid beneficiaries must contribute almost all of their monthly income toward their care, retaining only a $45-per-month personal needs allowance — one of the lowest in the country.

It's also important to note that not all Louisiana nursing homes accept Medicaid patients, and those that do may have waiting lists. Medicaid generally only covers semi-private rooms, so residents hoping for a private room will need to pay the difference out of pocket.

Planning for the Reality — A Louisiana Perspective

None of this means long-term care insurance is a bad investment. Even a policy that doesn't cover the full daily cost can significantly reduce the financial burden on your family and delay or prevent the need to spend down assets to qualify for Medicaid. But Louisiana families need to plan with realistic expectations about what their coverage will and won't pay for.

If you're evaluating or already holding a policy, consider matching your daily benefit to actual costs in your part of the state, not just the statewide average. If you live in the Baton Rouge metro, you need to plan for $285 or more per day — not the $189 statewide figure that appears in most surveys. Costs in New Orleans and the Gulf Coast corridor are similarly elevated above statewide averages. Choose compound inflation protection over simple interest if available — the difference becomes substantial over 10 to 20 years. If your premiums have become unaffordable, explore options with your insurer such as reducing inflation protection in exchange for a lower premium rather than dropping coverage entirely.

Beyond insurance, build a dedicated savings cushion specifically earmarked for the gap between your policy benefits and actual care costs. In the Baton Rouge area, a policy paying $150 per day leaves a shortfall of $135 or more per day — that's roughly $49,000 per year. Over a three-year stay, you're looking at nearly $150,000 in out-of-pocket costs on top of your insurance.

For families who may eventually need Medicaid, consulting with a Louisiana elder law attorney well before care is needed can be invaluable. Proper Medicaid planning — done within the rules and well in advance of the five-year look-back period — can help protect a spouse's assets and ensure you have options when the time comes.

Louisiana's relatively low cost of care is a genuine advantage, but it shouldn't breed complacency. Long-term care costs here are rising just as they are everywhere else, and the gap between what insurance pays and what facilities charge is real and growing. The earlier you start planning — and the more honestly you assess that gap — the better positioned you and your family will be.

How Losavio & DeJean Can Help

Navigating the intersection of long-term care costs, insurance gaps, Medicaid eligibility, and asset protection is complex — and the stakes are too high to go it alone. That's where Losavio & DeJean, LLC comes in.

As Louisiana's premier elder law and estate planning firm, Losavio & DeJean has over 45 years of experience helping seniors and families across the state plan for the realities of aging and long-term care. Their team includes Peter J. Losavio, Jr. — one of only approximately 600 Certified Elder Law Attorneys in the country, and the only one in Louisiana — along with attorneys specializing in veterans' affairs , estate planning , and Medicaid qualifying , as well as a registered nurse and case manager on staff.

Losavio & DeJean can help Louisiana families with the specific challenges outlined in this article, including estate planning tools such as wills, trusts, and powers of attorney that protect the assets you've worked a lifetime to build; Medicaid planning strategies that work within Louisiana's strict eligibility rules and five-year look-back period, helping you qualify for benefits while preserving assets for a surviving spouse or family; asset protection planning to shield your savings from the financial devastation of a long-term nursing home stay; and retirement tax planning to maximize the resources available for your care.

Their firm has saved clients millions in federal taxes and Medicaid spend-down costs, and their client testimonials speak to the peace of mind that comes from having a knowledgeable advocate in your corner — especially when a spouse or parent suddenly needs nursing home care and the financial clock starts ticking.

Whether you're years away from needing care and want to plan ahead, or you're facing an immediate crisis and need to understand your options now, Losavio & DeJean can help you build a plan that protects your family's financial future.

The statistics cited in this article reflect 2025–2026 data from sources including the CareScout (formerly Genworth) Cost of Care Survey, the Bureau of Labor Statistics, the American Association for Long-Term Care Insurance, and the Louisiana Department of Health. Individual costs vary by facility, location within the state, and level of care required. This article is for informational purposes only and does not constitute financial or legal advice.

Affidavit of Small Succession in Louisiana: Who Qualifies and How to File

Thu, 14 May 2026 16:17:47 GMT

Many families are surprised to learn that a formal succession is not always required under Louisiana law. When an estate meets certain criteria, heirs may be able to use an Affidavit of Small Succession to transfer property without going through the court process. While this option can significantly simplify matters, it is important to understand the legal requirements before relying on it.

What Is an Affidavit of Small Succession?

This option is especially helpful when the estate is modest and there are no disputes among heirs. It is commonly used to transfer bank accounts, vehicles, or small parcels of property.

Who Qualifies for a Small Succession in Louisiana?

Not every estate qualifies for this simplified process. Louisiana law sets specific requirements that must be met. First, the value of the estate must be $125,000 or less. This amount excludes certain exempt property, such as the family home under some circumstances.

Second, at least one of the following must apply:

The deceased died without a Last Will and Testament and more than 20 years have passed since their death, or
The deceased died with or without a will, and the estate qualifies as a small succession based on its value

What Information Must Be Included?

The affidavit must be detailed and accurate. It typically includes:

The full name and date of death of the deceased
A statement confirming the estate qualifies as a small succession
A description of the property being transferred
The names and addresses of all heirs or legatees
The relationship of each heir to the deceased
Whether the deceased left a will, and if so, a copy of it

How to File the Affidavit

After filing, heirs can present certified copies of the affidavit to banks, title companies, or other institutions to transfer ownership of assets. Keep in mind that each institution may have its own requirements. Some may request additional documentation before releasing funds or retitling property.

Contact Our Legal Team Today To Learn More

If you have questions about whether a small succession is appropriate or need help preparing an affidavit, contact Losavio & DeJean to discuss your situation.

What Is a Forced Heir Under Louisiana Law?

Fri, 08 May 2026 18:29:50 GMT

Louisiana stands apart from the rest of the country in many areas of law, and estate planning is no exception. One of the most unique concepts is “forced heirship.” If you are creating a Last Will and Testament or thinking about how your assets will be distributed after your death, understanding who qualifies as a forced heir is essential.

What Is a Forced Heir?

Under Louisiana law, a forced heir is a person who is legally entitled to receive a portion of a deceased person’s estate, regardless of what the will says. This protected portion is called the “forced portion,” and it cannot be taken away except in very limited circumstances. In other words, even if a will attempts to disinherit a forced heir, the law may still require that person to receive part of the estate.

Who Qualifies as a Forced Heir?

Not all children are considered forced heirs. Louisiana law specifically limits forced heirship to certain categories:

Children of the deceased who are 23 years old or younger at the time of the parent’s death
Children of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of themselves or managing their affairs

If a child does not fall into one of these categories, they are not considered a forced heir and may be legally disinherited.

How Much Does a Forced Heir Receive?

The amount a forced heir is entitled to depends on how many forced heirs there are:

If there is one forced heir, they are entitled to one-fourth of the net estate
If there are two or more forced heirs, they are entitled to one-half of the net estate, divided equally among them

This portion is reserved by law and is separate from the “disposable portion,” which is the part of the estate the deceased is free to leave to anyone.

Can a Forced Heir Be Disinherited?

Disinheriting a forced heir is possible, but it is not easy. Louisiana law allows disinheritance only for specific reasons listed in the Civil Code. These reasons include situations such as:

The heir has physically abused the parent
The heir has been convicted of a serious crime against the parent
The heir has failed to communicate with the parent without just cause, as defined under Louisiana law

Even when one of these reasons applies, the disinheritance must be clearly stated in the will and must meet strict legal requirements. If it is not done properly, the disinheritance can be challenged and overturned.

Why Forced Heirship Matters in Estate Planning

Forced heirship can significantly impact how an estate is structured. For example, if you intend to leave most of your assets to a spouse, a charity, or another beneficiary, the existence of a forced heir may limit how much you can give away.

This is especially important for blended families, business owners, and individuals with significant assets. Without careful planning, your wishes may not be carried out as intended.

There are legal strategies that can help manage these limitations, such as certain types of trusts or structured lifetime planning strategies. However, these strategies must be handled carefully to ensure they comply with Louisiana law.

Contact Our Team To Learn More

Forced heirship is one of the most complex and often misunderstood areas of Louisiana succession law. While the concept may seem straightforward, applying it correctly requires a clear understanding of the rules and how they affect the overall structure of an estate.

Because these laws can directly impact how property is distributed, it is important to approach estate planning with careful attention to detail. Speaking with a skilled Louisiana estate planning lawyer can help clarify how forced heirship applies to your specific situation and what options may be available under the law.

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