In Louisiana, personal property is defined as “anything other than land that may be subject to ownership.” The characteristic that defines personal property is that it is something that is movable.
Things that are attached to or fixed to real estate are called realty, or real property. However, if a fixture can be removed from a building without causing damage, it is often included under the definition of personal property.
Personal property can be categorized as intangible or tangible. Examples of intangible property include ownership rights, deeds of title, trust fund accounts, and other similar things. Examples of tangible property include jewelry, clothes, vehicles, and other property that can be handled.
The application of property laws may vary depending on both the jurisdiction where property is located and how the item is classified. Other legal implications of personal property and real property can include:
It is important to determine whether the property is categorized as personal or real. In some situations, something that would typically be categorized as personal may be changed to real property if it is attached to a building or includes materials used to build something fixed to land.
When estate planning, all of an individual’s property may be divided into personal property and real property. Personal property is everything other than real property and land.
Real property includes land and immovable fixed items, such as roads, ponds, and buildings. To find out more about real property and real estate in probate law in Louisiana, an individual should schedule a legal consultation in Louisiana.
In Louisiana, What Is Personal Property in a Will?
In Louisiana, as noted above, personal property is a catch-all phrase that includes anything which is not related to land usage or considered real estate. Common examples of personal property items include those the testator uses daily, such as their jewelry, clothing, and other household items.
Larger items, such as vehicles and lawn equipment, can also be categorized as personal property. Financial items, including accounts, bonds, and stocks can also be categorized as personal property.
Tangible personal property in an individual’s will are items that are used for personal or household use or for decoration. Tangible property, however, does not include a mobile home.
If an individual has any questions about tangible and intangible property in Louisiana or other issues involving personal property in a will, it is important to consult with Louisiana lawyers.
How Can I Resolve Conflicts and Language Issues in Louisiana?
In some situations, an individual’s will defines specifically what should be considered personal property and what should be considered real property.
However, the broad meaning of the term “personal property” can sometimes create contests between family members. When there is a conflict about what a will says, it is called a will contest.
When someone contests a will, it means they are challenging the validity or authority of the document. These types of disputes often involve the beneficiaries named in the will or those who were left out having a dispute about terms contained within the will.
Common issues that cause will disputes include which family member is entitled to what piece of property, issues about heirloom items, whether someone is actually entitled to inherit, and more. It is common for disputes to come up when someone did not inherit something they thought they were entitled to.
If a will contest is filed, the court will take into consideration the language to determine the intent of the testator as best they can. This can include reviewing descriptors of property bequests, such as “my personal property in my home.”
A court can use the type, location, or specificity of property as a way to determine which property was meant for which beneficiary. An example of this would be if the testator leaves all of their personal property to their sister but also specifies that their brother should inherit their 2004 Chevrolet Silverado pickup truck.
Even though all of the personal property was technically left to their sister, because a specific item was listed for their brother, the court would interpret this as intent to give that specific item to the brother.
In Louisiana, How Can I Avoid Misunderstandings Through Estate Planning? Are There Any Alternative Distribution Methods?
The best way to avoid misunderstanding in estate planning in Louisiana is to be as detailed and specific as possible. If it is too lengthy or complex to list every item of property and who it should go to, a testator can use a personal property memorandum.
This is a document that allows the testator to make a list of their property and who receives it outside of their will. This document, as well as the will, can be changed by the testator at any time and as many times as they need.
This document can only be used for personal property that is tangible. Financial gifts have to be put in the will itself.
Real estate has to go through the actual will or another document to transfer it. Real property may also be transferred through a Lady Bird deed, or a transfer on death deed.
It is important to follow the Louisiana requirements for witnessing and notarizing any estate planning documents. In Louisiana, a written will has to be witnessed by two people as well as notarized. The two witnesses have to be at least 18, and the notary must be licensed in Louisiana.
Living trusts can also be used as an alternative to a will. With this type of document, everything in the trust will transfer to the named beneficiary without the need for probate.
Do I Need an Attorney in Louisiana To Help Me Write a Will?
If you are considering creating a will or any other estate planning documents in Louisiana, it is essential to consult with a Louisiana will lawyer. Your lawyer will be able to ensure your estate planning documents are valid and enforceable in Louisiana and help you avoid future issues and disputes.
You can have peace of mind knowing your friends and loved ones will receive your property as you want them to under your will. Your lawyer will also be able to provide advice on what should be included in your will, what you can place in a trust, and the best type of trust you can use based on your unique circumstances.
Get started with your lawyer search today using LegalMatch’s free attorney matching services to find a Louisiana will attorney in your area who can answer your questions and get started helping you plan for your future. You only need about 15 minutes to complete the online submission process and, in around a business day, you will get responses from lawyers in your area who can help with your specific issue.
These responses will allow you to see each attorney’s background, fees, and reviews from previous clients. Some Louisiana attorneys may even offer free consultations so you can meet with several to decide who is best for your needs.
