legal І
ESTATE PLANNING
Is Your Will Valid?
WRITTEN BY RONDA M. GABB
senior living
A VALID TESTAMENT (Will) in Louisiana is subject to very few formalities but those formalities are sacrosanct! Our law recognizes two kinds of Wills: “Olographic” and “Notarial” (if your Will is dated after June of 1999 be careful if you see the word “Statutory” or any reference to La. R.S. 9:2442, as that was the prior law). For an Olographic (handwritten) Will the requirements are: 1) the Will must be written entirely by the hand of the Testator (the person making the Will), it may not be typed nor written in anyone else’s handwriting. 2) It must be clear that it is meant to be a Will, the best way is to say “I, John Doe, make this Will…” 3) It must be clear as to the date, therefore it is best to write out the month as opposed to only a numerical date, e.g. August 1, 2011, as opposed to 8/1/2011. 4) It must be signed at the end by the Testator. There are no other formalities, the Will does not need to be witnessed and it certainly should not be notarized, as that may confuse the Will with the Notarial Will discussed next. A Notarial Will must follow these requirements: 1) It may be handwritten or typewritten. 2) It must be signed
(not merely initialed) on every page. 3) It must be signed at the end. 4) It must include a dated “attestation clause” after the Testator signs at the end, this clause must be almost verbatim to what the LA Civil Code requires. 5) The entire signing must be witnessed by two people who are not in the Will (nor their spouses). 6) Along with everything in number 5 it must also be notarized (meaning before a Notary Public, not necessarily an attorney). The above merely discusses what makes a Will legally valid; there are many other issues of importance that go beyond the scope of this article. If your present Will does not comply with the above conditions, by all means, rectify it now. It is far better to address these issues now rather than have your Will invalidated after your death when nothing more can be done.
Ronda M. Gabb & Associates LLC, “A Louisiana Estate Planning & Elder Law Practice.” She is a member of the American Academy of Estate Planning Attorneys, the National Academy of Elder Law Attorneys and is a Board Certified Estate Planning and Administration Specialist certified by the Louisiana Board of Legal Specialization. Her office is located at 40 Louis Prima Drive in Covington. Call 985-892-0942 or visit her on the web at www.RondaMGabb.com.
І TIMELESS GRACE
Sophisticated Woman | November 2013
A Ministry of Care — Timeless Grace Assisted Living
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PAM BOODA, a registered nurse and owner of Timeless Grace Assisted Living, says that opening this facility was her calling. “Ever since I was a little girl I loved the elderly, they’ve always had a special place in my heart,” Pam reminisces. After years as a LPN in long-term care and a director of nursing, Pam Booda earned her RN and administrator’s degree, and opened her own facility in order to control the quality of care and personalized attention given to her residents. Timeless Grace, located in the rolling hills of Mississippi, offers the highest level of care, luxury and peace of mind. Their homey facility is accessible to the entire Northshore and Gulf Coast region and affords worry-free living from hurricane evacuations and flooding. “People always ask if they can make reservations here,” Pam laughs, “It has the feel of a bed and breakfast.” The intimate, 15-bed home is beautifully furnished and decorated, and the property offers a peaceful courtyard as well as a screened porch perfect for watching
wildlife or one of the other many activities residents enjoy participating in. “Activities include gardening, exercise, games, bible study and various crafts,” Pam says. The loving, caring environment created by Timeless Grace is truly a ministry for Pam and her staff. “The hearts of the staff here are beyond compare. The residents are treated like kings and queens, they might be a little spoiled actually,” Pam jokes. “A beautician comes monthly but we help get them ready on a daily basis,” she says. Other services include home-cooked meals, snacks and fresh fruit available at all times; personal laundry service and housekeeping; medication monitoring and administration by an experienced nurse; and an on-duty nurse 12-hours a day with a nurse on call 24-hours a day. Most importantly, unlike some assisted living facilities, these services are affordable and all-inclusive. “It’s truly a ministry for us,” Pam says, “we strive to maintain the individuality, privacy, and dignity of each resident with personalized care.” Timeless Graces Assisted Living is located at 424 Jake Smith Road in Carriere, Mississippi. For more information you can call 601-799-1600 or email Pam at pbooda@charter.net