Don’t Have a Will? Don’t Panic

By Katie Penny

The provided information is fact-sensitive and jurisdiction-dependent. Consult an attorney before employing the below legal concepts.

The law knows you might not have a will or the money to hire a lawyer to write one up for you. Because the law knows this, the law in Louisiana provides a specific procedure for your property to pass to your heirs. So, let me tell you first of all what will happen if you never write a will, and then what kind of will you can write without a lawyer.

If you die without leaving a will, that is called dying "intestate," or "without a testament." If you die having left a will, that is called dying "testate." If you die intestate, the "rules of intestacy" will provide the order in which your heirs will inherit your property.

On a side note, if you die intestate, the people who inherit from you are called "heirs." If you die testate, the persons who inherit through your testament are called "legatees." If you say you had a will, but then call the people inheriting from it "heirs," a lawyer will become upset and unhappy in a way which reasonable people will find ridiculous.

The order of intestate succession is this: first, descendants (children); next, privileged ascendants and privileged collaterals (fancy-talk for parents and siblings or the children of deceased siblings); next, the surviving spouse not judicially separated; next, other ascendants and descendants; next, other collaterals relatives (aunts and cousins, for example—people who are relatives who are not ascendants or descendants; this is why your brothers and sisters are called “collaterals,” because they are not ascendants or descendants); and finally, the state of Louisiana.

The way this works is that if there is a surviving person in a higher category, they inherit your property to the exclusion of persons in a lower category. So if you have kids, your mom will not inherit anything—your kids will get everything.

Community property works a little differently. If you have kids, they inherit the ownership of your ½ of the community property with your spouse inheriting his/her own half; however, your spouse gets to use and enjoy your ½ of the community property until his/her death or remarriage and the kids cannot stop him/her. And let me say, this is the most basic gist of the way intestate succession actually works.

Sometimes people don’t write wills simply because the intestate order of succession is perfectly acceptable to them—most people want their children to inherit everything—equally anyway.
However, if you want to do something that deviates from this basic plan, you have an option. But before I even begin: do not, I repeat, do not get a prepackaged, pre-pared will off of the internet. In Louisiana, we only recognize 2 kinds of wills, both with pretty stringent requirements. Considering the befuddlement of the rest of the nation regarding Louisiana's laws, the chances are pretty slim that any pre-prepared form will be proper in Louisiana.

There are 2 kinds of wills in Louisisana: a notarial testament, which is the one you should absolutely leave to an attorney, and an olographic testament. To make an olographic testament, you don’t need witnesses.

An olographic testament is one entirely written, dated, and signed in the handwriting of the person who the will is regarding. I repeat, handwriting, so get out your Bic and a notebook, because this is the only way that it will be valid. If it is typed, the law will ignore everything but the handwriting. If all that is handwritten is your signature, the court can only consider the non-typed portions, so your signature will be your will.

This does not accomplish much. You must write it in your own handwriting. It must be dated in such a way as to be very clear what date you mean. So, for example, do not write 9-9-99, when you can just as easily write September 9, 1999. Make it easy on the court. Also, you should sign it at the very end.

If there is typing anywhere, the law will ignore it. If there are later additions, they will only be considered if they are in your handwriting also. Do not typwrite anything. If even the date is typed, the whole document is invalid. Close your computer, take a pen and a notebook, and go out to a field, where you will not even be tempted to type anything.

Further, don’t play with fire and tempt fate by just writing your initials instead of your signature. For once, just sign your entire name. If the document goes on for more than 2 pages, it is a good idea to sign every page, though it is not required that you sign more than the one time at the very end. To be on the safe side, sign your whole name, and date perfectly every single page and again at the end.

If the document is entirely written, signed, and dated in your own handwriting, and if it is clear you are intending to write a will, and not just a letter, then the court will consider this your olographic will and, if it is proved in court, which is not difficult for an attorney to do, will put it into effect.

However, let me say this: if you are very rich and have a lot of complicated property, this might not be the way to go. My grandmother left an olographic will, indicating that my aunt should get the china, my uncle the tchotchkes from Germany, etc... If Meemaw had been the beneficiary of 7 trusts containing millions of dollars, and was the CFO and stockholder of several multinational corporations, you can see why a written will would probably not have covered everything. The more complicated your property is, the more likely you should go to an attorney.

The provided information is fact-sensitive and jurisdiction-dependent. Consult an attorney before employing the above legal concepts.

The provided information is fact-sensitive and jurisdiction-dependent. Consult an attorney before employing the above legal concepts.

How to file a Complaint with the Louisiana Department of Insurance

By Sara Blackwell
Attorney



We live in a world governed by insurance companies. From house and life insurance to car and health insurance, it is virtually impossible to live or work in the United States without owning some type of insurance policy. Those who do not have health or car insurance due to a lack of financial ability are generally the ones who most need the protection.
The purpose of insurance is protection but it does not always turn out that way in all situations. There are times when a policy holder disagrees with the insurance company or feels mistreated in one way or another. Individual policy holders do have some rights and options when it appears that the insurance company acted incorrectly or negligently.

Of course, a policy holder can contact an attorney to file a civil complaint in court, but that is too extreme for most disputes with insurance companies. Another, easier option, is filing a complaint with the Louisiana Department of Insurance. The Department of Insurance has the power to enforce Louisiana Insurance Laws or simply provide individuals with consumer insurance information. The Insurance Department can also investigate into policyholder complaints against insurance companies, agents, and adjusters.
A complaint can be brought against the following types of insurance: life, health, disability, health, auto, worker’s compensation, annuity, Medicare Supplement, credit, fire/homeowner, business or other non-specified types of insurance.

Contrariwise, the Louisiana Insurance Department lacks the authority to offer legal advice, act as an attorney on a policy holder’s behalf, or interfere in pending litigation. The Department cannot decide disputes as to who is negligent or at fault, resolve a dispute between one person’s word against another or make factual determinations. With these limitations in mind, a complaint can be filed online or mailed to the Louisiana Department of Insurance.

The complaint requires personal information such as name, address, and contact information. A claimant also has to provide detailed information about the insurance company or agent, including, but not limited to, the type of insurance coverage, policy number, date of alleged loss, and name of insurance company. The final section of the complaint form requires details of the bases for the grievance. A comprehensive description of the disputed issue must be provided together with an explanation as to what the policy holder considers a fair resolution of the problem.

Along with the complaint form, several documents must be provided to the Department of Insurance. These documents include: letters written to the insurance company in reference to the alleged problem, letters received by the policy holder from the insurance company, any other letters or documentation in reference to the relative issue, and all policy information or handbook verbiage referencing the subject. Copies, not originals, of such documents should be sent along with a copy of the claimant’s insurance card, if one is available.

After a complaint is properly filed, the Department of Insurance will send an acknowledgement letter setting forth the file number and name of the examiner in charge of investigating the complaint. The Department will then send a copy of the complaint to the particular insurance company or appropriate agent/agency and request an explanation of their decision. The assigned examiner will consider and review the complaint along with the insurance company or agent’s response. The examiner may find it necessary to request further information or documents from the claimant or the insurance company/agent.

After a result is determined, the examiner will mail the claimant a letter of explanation. If the Department of Insurance believes the law was violated, the Department will pursue administrative action against the insurance company to correct and punish the company. If the examiner finds no evidence of a violation of the insurance law, the investigation will be closed and no action will be taken against the insurance company/agent. Finally, if the insurance company does not provide sufficient information for the examiner to make a proper decision, the investigation will continue until further information can be secured. The investigation typically averages 60 days for completion; however, this varies depending on the intricacy of the surrounding issues.

It is beneficial to know that there are things individual policy holders can do to protect himself/herself from the seemingly untouchable, big insurance companies. Begin protecting yourself before signing with an insurance company by visiting the Louisiana Department of Insurance Website. The Insurance Department does not have the authority to recommend a particular insurance company, agent or adjuster. Yet, anyone has the ability to check any insurance company’s complaint rate on the Department website. It is wise to evaluate a prospective insurance company against other Louisiana insurance companies prior to purchasing a policy with that particular company.

The provided information is fact-sensitive and jurisdiction-dependent. Consult an attorney before employing the above legal concepts.

Sara Blackwell is an attorney, writer, and mother. She has worked as an attorney for the United State’s Department of Justice, a federal district judge, and the United States Attorney’s Office. Her Current legal interest is in immigration law, where she works part-time for an immigration firm. She is currently working on her second novel.