Louisiana Will vs. Living Trust: Succession, Divorce & Your Home | RE: Real Estate Podcast

EPISODE 103

Louisiana Will vs. Living Trust: Succession, Divorce & Your Home | RE: Real Estate Podcast


 


Content Type

Interview


Primary Goal

Know what happens to a Louisiana home without a will, and decide whether a will or living trust fits your family.


Keywords

Louisiana will vs living trust, Louisiana succession, forced heirship Louisiana, homestead exemption trust, Louisiana power of attorney real estate, selling a house during divorce Louisiana, community property Louisiana, Houma Thibodaux real estate, estate planning attorney Houma, Woody Falgoust


Summary

In Episode 103, estate planning attorney and title insurance producer Woody Falgoust joins Ben and Clint to explain what happens to a Louisiana house when the owner dies without a will, why majority doesn't rule among heirs, and how wills and living trusts compare. They also cover divorce and real estate, including selling or buying before community property is settled, and the power of attorney mistakes that delay closings.


Key Topics

•  What happens to a house when someone dies without a will

•  Forced heirship and heirs who can't agree to sell

•  Will vs. living trust, homestead exemption and Medicaid planning

•  Life events that mean it's time to update your plan

•  Divorce: your ex in your will, and selling or buying mid-divorce

•  Louisiana power of attorney rules for closings


 


Title Options

•  What Happens to a Louisiana House With No Will? Ask a Houma Attorney | RE: Real Estate Podcast

•  Do You Need a Will in Louisiana? What Happens to Your House Without One | RE: Real Estate Podcast


Sound Bites

“Majority does not rule when it comes to co-owners or heirs.”

“You don't get to stay co-owners forever. That's not an option.”

“At a minimum, revisit your needs every five years.”

“The notary cannot be a witness, and the seller cannot be a witness.”


Chapters

00:00  Cold open: do you need a will?

00:24  Meet Woody Falgoust

01:41  House with no will: how succession works

03:02  Forced heirship explained

04:05  Unopened successions at closing

05:15  Why majority doesn't rule among heirs

06:50  Will vs. living trust

09:07  Trusts and the homestead exemption

10:54  Revocable vs. irrevocable, Medicaid

13:27  When to update your will or trust

16:25  Divorce: your ex and your will

17:59  Selling a house mid-divorce

20:24  Buying mid-divorce: end the community

22:04  Power of attorney for closings

24:02  Homework and wrap-up


Resources

Woody Falgoust – Title · Law · Estates: woodyfalgoust.com

La. C.C. art. 1493 (forced heirship): law.justia.com

La. C.C. art. 1608 (divorce and bequests): law.justia.com

La. C.C. art. 1833 (authentic act): law.justia.com


 


Show Links

Find every episode at rerealestatepodcast.com – subscribe wherever you get your podcasts.


 


Guest

Woody Falgoust

Attorney at Law | Licensed Title Insurance Producer

Woody Falgoust – Title · Law · Estates

Thibodaux | Houma | Plattenville

985.447.6665 | wfalgoust@woodyfalgoust.com | woodyfalgoust.com

 


 


Hosts

Ben Harang

REALTOR® | Keller Williams Realty Bayou Partners

La. License #: 36589

Mobile: 985.859.2500 | Office: 985.262.4400

ben@benharang.com | benharang.com

 

Clint C. Galliano

REALTOR® | Keller Williams Realty Bayou Partners

La. License #: 995704723

Mobile: 985.647.4479 | SMS Hotline: (985) 200-5447

Office: 985.262.4400

clint.galliano@kw.com | SoLahomegroup.com

 


Produced by: Clint Galliano | Music by: Wiggins Studios

Click here to watch a video of this episode.

Creators and Guests

Ben Harang
Host
Ben Harang
Ben Harang brings over 30 years of experience as a licensed agent and currently works with Keller Williams Realty Bayou Partners. Ben’s experience includes single family residential sales, large land sales, subdivision development, building new construction residential and commercial projects and selling REO/Foreclosed properties.
Clint C. Galliano
Host
Clint C. Galliano
Clint Galliano, who’s been an agent since 2020 & an investor since 2008, also with Keller Williams Realty Bayou Partners. Clint’s experience includes residential sales, residential rentals, property management, and various avenues of investing.
Louisiana Will vs. Living Trust: Succession, Divorce & Your Home | RE: Real Estate Podcast
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