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Online Will Considerations WRITTEN BY CHRISTIE TOURNET
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ONLINE PRICING FOR
a Will may present,
initially, an attractive option. So, our team went through the process of completing an Online Will to better address the procedure and potential pitfalls. Inability to ask real time questions and follow-up questions. Many online sites permit you telephone access to an attorney for an extra fee. However, there
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is a time delay associated with getting a response.
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Lack of Louisiana-specific questions. Although
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many sites claim that its Wills comport with all states' laws, we noted a popular site didn’t address separate v. community property, forced heirs or options of leaving bequests in full ownership v. a usufruct interest to beneficiaries—all unique to Louisiana law.
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Lack of Testamentary Freedom. The online site that we utilized didn’t address the ability to leave conditional bequests. Co-Appointments
Pitfalls.
If
choosing
Co-Executor appointments, there was no prompt on handling an impasse to alleviate risk of litigation, no discussion as to compensation or bond requirements, and no questions on independent administration, allowable under Louisiana law. The End Result. The final Online Will product contained much boilerplate and legalese difficult
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for a layperson to mire through. But a bigger issue is that many notaries refrain from notarizing Wills not completed by them, as the form of the Testament has to comport to the Testator's physical abilities, and the notary can't answer any questions as to content or form. Thus, some notaries that may notarize an online Will may also stamp the Last Will as "attesting to signature only." That stamp can run afoul of formal attestation requirements. In sum, a small discount on a fee is likely not worth the lack of customization and official documentation
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34 Sophisticated Woman | March 2020
PRESENTED BY
MUSICAL GUEST
Christie Tournet & Associates, LLC, provides estate planning, estate administration and commercial law services. The practice is located at 1795 W. Causeway Approach, Suite 103A in Mandeville. 985-951-2177, tournetlaw.com.
