Estate Planning Lawyer New Orleans, LA

Estate planning lawyers with 29 years of experience guiding clients through complex matters in New Orleans and across Louisiana.

If you’ve been putting off your estate plan because you’re not sure where to begin, or because you think it’s only for people with large estates, you’re not alone. More than half of American adults have no estate planning documents in place. The problem is that if something happens to you without a plan, the state’s succession laws decide who gets your property, who manages your affairs, and in some cases, who raises your children.

Our New Orleans, LA estate planning lawyer at Theus Law Offices has spent over 29 years helping Louisiana families put the right documents in place. We offer flat-fee estate planning services, and consultations are available after attending one of our workshops. Schedule a consultation to get started.

Estate Planning Lawyer New Orleans, LA

An estate planning attorney helps individuals and families create legal documents that control what happens to their assets, their healthcare decisions, and their dependents if they die or become incapacitated. In Louisiana, that process has a few distinctive features that set it apart from most other states.

Louisiana is a community property state with forced heirship rules that restrict how certain assets can be distributed. The state uses a civil law system rooted in the Napoleonic Code rather than common law. And what other states call “probate,” Louisiana calls “succession.” An estate planning attorney in New Orleans who practices within this framework can structure documents that work correctly under Louisiana law and hold up when challenged.

Types of Estate Planning Cases We Handle in New Orleans

Estate planning is not a single document. It’s a set of legal instruments that work together to protect your family, your assets, and your wishes. Below are the primary estate planning matters we handle for New Orleans clients.

• Wills. A will is the foundation of most estate plans. It dictates how your property is distributed, names an executor to manage the process, and allows you to designate a guardian for minor children. In Louisiana, wills must comply with specific execution requirements to be valid.
• Trusts. Trusts allow you to transfer assets to a trustee who manages them for the benefit of your chosen beneficiaries. A revocable living trust can help your family avoid the succession process entirely. Irrevocable trusts serve different purposes, including asset protection and Medicaid planning.
• Powers of attorney. A power of attorney gives a trusted person authority to manage your financial or legal affairs if you become unable to do so yourself. Without one, your family may need to seek a court-supervised interdiction.
• Living wills and advance directives. A living will records your preferences for medical treatment if you cannot communicate them yourself. These documents are separate from your last will and testament and serve an entirely different function.
• Succession. Louisiana’s succession process is the state’s version of probate. We help families navigate the legal requirements to transfer property from a deceased person’s estate to their heirs, whether there is a will in place or not.
• Probate. After a death, someone must manage the estate, pay debts, file tax returns, and distribute assets. We guide executors and administrators through each step and help resolve disputes that arise during this process.
• Asset protection. Louisiana offers several legal tools for shielding wealth from creditors and lawsuits, including certain trust structures. We help clients evaluate which strategies align with their goals and risk profile.
• Medicaid. For clients concerned about long-term care costs, Medicaid planning overlaps significantly with estate planning. Irrevocable trusts, asset restructuring, and spousal protections all play a role.
• Elder law. As clients age, their estate plans need to account for incapacity, long-term care, and changing family circumstances. Elder law builds on the estate planning foundation to address these issues.

Why Choose Theus Law Offices as My Estate Planning Lawyer in New Orleans, LA?

Board Certified in Estate Planning and Tax Law

J. Graves Theus, Jr., founder of Theus Law Offices, is Board Certified in both Estate Planning & Administration and Tax Law by the Louisiana Board of Specialization. He earned his LL.M. in Tax from Boston University School of Law, his J.D., cum laude, from Gonzaga University School of Law, and his B.A. in Economics from Tulane University. He has been a member of the Louisiana State Bar Association since 1999 and has served as President of the Tax Specialization Advisory Commission.

That combination of credentials matters because estate planning in Louisiana requires an understanding of both the state’s civil law tradition and the federal tax code. A trust that is structured incorrectly can fail to achieve its intended tax benefits. A will that doesn’t account for Louisiana’s forced heirship provisions can be challenged by heirs. Mr. Theus is also accredited by the U.S. Department of Veterans Affairs, which allows the firm to assist veterans with benefits planning related to long-term care.

Flat-Fee Structure and a Client-Centered Approach

We provide estate planning services on a flat-fee basis. You will know what your plan costs before we begin any work. That structure removes uncertainty and lets clients focus on the substance of their planning rather than watching a clock. We serve New Orleans, LA clients from our Louisiana offices and handle estate planning matters across the state.

What Is Important To Understand About Estate Planning Cases?

Key Estate Planning Documents and What They Do

A complete estate plan typically involves several documents, each serving a distinct purpose. Here is a brief overview of the most common instruments.

• Last will and testament. Directs how your assets are distributed after death, names an executor, and designates guardians for minor children. In Louisiana, a valid will must be executed in one of two forms: notarial or olographic (entirely handwritten, dated, and signed).
• Revocable living trust. Allows you to transfer assets into a trust during your lifetime while retaining control. At death, assets in the trust pass to beneficiaries without going through the succession process.
• Irrevocable trust. Once funded, the grantor gives up control of the assets. Used for asset protection, Medicaid planning, and reducing estate tax exposure.
• Financial power of attorney. Authorizes a designated agent to manage your financial affairs, including banking, real estate, and investments, if you become incapacitated.
• Healthcare power of attorney / advance directive. Names someone to make medical decisions on your behalf and documents your treatment preferences.
• Trust protector provisions. Louisiana law allows the appointment of a trust protector who can modify certain trust terms if circumstances change, adding flexibility to what would otherwise be an inflexible arrangement.

What Are Important Aspects of an Estate Planning Case?

Several factors determine how an estate plan should be structured. No two families have the same combination of assets, relationships, and objectives.

• Your marital status and whether you have children from a prior relationship. Blended families require careful planning to avoid unintended disinheritance.
• The total value and composition of your assets, including real estate, retirement accounts, business interests, and life insurance.
• Whether you own property in more than one state, which can trigger ancillary succession proceedings.
• Your goals for asset protection, charitable giving, and tax minimization.
• Whether you or your spouse may eventually need long-term care.
• The ages and circumstances of your beneficiaries, including those with special needs.

What Is the Estate Planning Case Timeline?

The timeline depends on the complexity of the plan and how quickly you can gather the necessary information.

• Initial consultation: After attending a workshop, you’ll meet with our office to discuss your situation and goals.
• Information gathering: 1 to 2 weeks. We review your financial picture, existing documents, and family circumstances.
• Drafting: 2 to 4 weeks. We prepare the documents and present them for your review.
• Execution: 1 to 2 weeks. Documents are signed, notarized, and, where appropriate, recorded.
• Funding: For clients with trusts, assets must be retitled into the trust after execution. This step varies in length depending on the number and type of accounts involved.

A straightforward will-based plan may be complete in four to six weeks. A plan involving multiple trusts, business interests, or tax planning may take longer.

What Should You Bring to Your Estate Planning Consultation?

Having the right documents at your first meeting allows us to give you more specific direction. Bring what you can from the following:

• A list of your assets, including real estate, bank accounts, investment accounts, retirement plans, and life insurance policies
• Any existing estate planning documents, such as a prior will, trust, or power of attorney
• Beneficiary designations for retirement accounts and insurance policies
• Information about debts or obligations
• Names and contact information for the people you want to serve as executor, trustee, guardian, or agent

You’ll leave the consultation with a clear understanding of which documents you need and what each one accomplishes. Theus Law Offices offers consultations after attending one of our workshops.

What Are Important Louisiana Legal Resources for Estate Planning Cases?

Louisiana’s estate planning laws differ from those in common-law states. The following resources can help New Orleans residents locate general information about succession, wills, and related topics.

• The IRS estate tax page provides information on federal estate and gift tax thresholds, filing requirements, and exemption amounts.
• The Louisiana Legislature website publishes the Louisiana Civil Code, which governs wills, trusts, successions, and community property.
• The GOEA (Governor’s Office of Elderly Affairs) administers aging services statewide, including resources for incapacity planning and elder protective services.
• The Administration for Community Living provides federal resources on aging, disability, and caregiving.
• The Social Security Administration publishes information on survivor benefits, which often intersect with estate planning decisions.

Reach Out to Theus Law Offices to Schedule a Consultation

If you need a will, trust, power of attorney, or a full estate plan, Theus Law Offices is here to help. We provide estate planning services on a flat-fee basis, so there are no surprises. Consultations are available after attending a workshop or webinar, and our office responds promptly to all inquiries. Contact us to schedule a meeting with an estate planning attorney in New Orleans.

Estate Planning Statistics in New Orleans

According to the U.S. Census Bureau, Orleans Parish has a population of approximately 362,700 residents as of 2024. That figure represents a substantial number of individuals and families whose assets, medical decisions, and dependents would be governed by Louisiana’s default succession laws if no estate plan is in place.

National data reinforces how common this gap is. A Pew Research Center survey from 2025 found that most Americans don’t have a will or living will until they reach their 70s. Separate research indicates that only about 31% of American adults have a will, and fewer than half of parents with minor children have designated a guardian in a legal document. In a state like Louisiana, where forced heirship and community property rules add complexity, the consequences of not planning are even more pronounced.

Mistakes That Can Damage Your Estate Plan

Even families who create an estate plan can run into problems if the plan contains errors, gaps, or outdated provisions. Below are common mistakes that can undermine an otherwise well-intentioned effort.

1. Failing to update your plan after major life events. Marriage, divorce, the birth of a child, a move to a new state, or a significant change in assets can all make your existing documents inaccurate or unenforceable. An outdated estate plan can be worse than no plan at all.

2. Not coordinating beneficiary designations with your will. Retirement accounts and life insurance policies pass to the named beneficiary regardless of what your will says. If those designations conflict with your will, the beneficiary designation wins.

3. Trying to draft documents yourself. Louisiana has strict requirements for will execution. An olographic will must be entirely in the testator’s handwriting. A notarial will requires specific witnesses and notarization. Errors in form can invalidate the entire document.

4. Ignoring Louisiana’s forced heirship rules. Louisiana law requires parents to leave a portion of their estate to children under 24 (or children of any age who are permanently incapable of caring for themselves). Failing to account for these rules can lead to a successful challenge against your will.

5. Failing to fund a trust. Creating a revocable living trust but never transferring assets into it defeats the purpose. An unfunded trust provides no benefits and your estate will still go through succession.

6. Choosing the wrong executor or trustee. Naming someone who is unable or unwilling to serve, or who has conflicts with other family members, can create delays and disputes during estate administration.

7. Not planning for incapacity. Estate planning is not just about death. If you become unable to manage your own affairs and have no power of attorney or advance directive in place, your family will face a court process to obtain authority.

8. Overlooking digital assets. Email accounts, social media, cryptocurrency, and online financial accounts all need to be addressed. Without instructions, your family may have difficulty accessing or managing these assets.

9. Assuming a joint account solves everything. Adding a child to a bank account for convenience can create gift tax issues, expose the account to the child’s creditors, and produce results that conflict with your broader estate plan.

10. Waiting too long to start. Incapacity can occur at any age. An accident or unexpected diagnosis can remove your ability to sign legal documents. The right time to plan is before you need it.

New Orleans Estate Planning Lawyer FAQs

How much does an estate planning attorney in New Orleans cost?

Theus Law Offices provides estate planning services on a flat-fee basis. The cost depends on the complexity of the plan. A basic will costs less than a plan involving trusts, powers of attorney, and advance directives. We provide a clear fee quote during the consultation so you know the full cost before we begin.

What is the difference between a will and a trust?

A will takes effect after you die and must go through Louisiana’s succession process. A trust can take effect during your lifetime and, if properly funded, allows assets to pass to your beneficiaries without succession. Trusts also provide more control over how and when beneficiaries receive assets.

Do I need an estate plan if I don’t have many assets?

Yes. An estate plan covers more than asset distribution. It designates who makes medical decisions for you, who manages your finances if you can’t, and who cares for your children. Without a plan, those decisions fall to the courts.

What happens if I die without a will in Louisiana?

Louisiana’s intestate succession laws determine how your property is distributed. Depending on your family structure, your estate may pass to a surviving spouse, children, parents, or siblings in a specific order. The result may not reflect what you would have wanted.

How often should I update my estate plan?

Review your plan every three to five years, and after any major life change. This includes marriage, divorce, the birth of a child, a significant change in assets, a move to another state, or the death of someone named in your documents.

What is forced heirship in Louisiana?

Louisiana’s forced heirship law requires parents to leave a portion of their estate to children who are under 24, or who are permanently incapable of caring for themselves regardless of age. This restriction limits how freely you can distribute your assets through a will.

Does Theus Law Offices offer free consultations?

We offer consultations for estate planning matters after the client attends one of our workshops or webinars. These sessions cover the fundamentals of estate planning in Louisiana and provide a helpful foundation before the individual meeting.

What is the difference between probate and succession?

They refer to the same general process. “Probate” is the common-law term used in most states. Louisiana uses “succession” to describe the legal process of transferring a deceased person’s assets to their heirs.

Can I create my own will without an attorney?

Technically, yes. Louisiana recognizes olographic wills, which must be entirely handwritten, dated, and signed by the testator. But errors in form or substance can invalidate the document, and DIY wills often fail to account for Louisiana’s unique legal requirements, including forced heirship.

How long does the estate planning process take?

For a straightforward will, the process can be completed in four to six weeks. Plans involving trusts, tax planning, and multiple documents typically take longer. The timeline also depends on how quickly clients provide financial information and make decisions about fiduciaries and beneficiaries.

Local Information for New Orleans Estate Planning Cases

Orleans Parish Courts and Local Resources

Estate planning cases involving succession, interdiction, and trust disputes in New Orleans are handled by the Orleans Parish Civil District Court. All succession cases are filed at Docket 1, the Successions Department, located at 421 Loyola Avenue, New Orleans, LA 70112. The Clerk of Court maintains all filings and provides public access to case records.

What Are Important Local Resources for New Orleans Estate Planning?

New Orleans residents have access to several organizations and offices that intersect with estate planning matters.

• Orleans Civil District Court – (504) 592-9100. The court of general civil jurisdiction for Orleans Parish handles succession, interdiction, and trust matters.
• Orleans Clerk of Court – (504) 407-0000. Maintains records for all civil filings, including succession cases, and provides public access to court documents.
• GOEA Elderly Protective Services – (225) 342-7100. Coordinates statewide aging services and elderly protective services for Louisiana seniors.

Listing these resources does not constitute an endorsement by Theus Law Offices. We recommend contacting each organization directly to confirm services and hours.

About Theus Law Offices

Theus Law Offices has been serving Louisiana families since the late 1990s. Founder J. Graves Theus, Jr. holds dual Board Certifications in Tax Law and Estate Planning & Administration. He is accredited by the U.S. Department of Veterans Affairs and has served on multiple advisory commissions for the Louisiana State Bar Association. The firm handles estate planning, trust work, succession, Medicaid planning, elder law, and business law for clients across the state.

What Our Clients Say

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“The process was smooth and easier than I expected. Communication kept us aware of the steps as we proceeded from start to finish. Would absolutely recommend Theus Law Firm.” – Gary Wooley

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Contact Theus Law Offices

If you need a will, trust, power of attorney, or a full estate plan in New Orleans, LA, Theus Law Offices is ready to help. We provide estate planning services on a flat-fee basis. Consultations are available after attending a workshop or webinar, and our office responds promptly to inquiries. Contact us to schedule a consultation with a New Orleans estate planning attorney today.