A small succession affidavit can be used instead of a court proceeding when: 1) the gross estate is under $50,000 AND 2) there is no will AND 3) there is no real estate.

All heirs have to join in signing the affidavit.

The term "Living Will" is unfortunate since it is misunderstood and frequently mixed up with Living Trust and other similar terms. The proper legal term for this form is "Medical Declaration."

Although it doesn't really matter what you call the form, we prefer to call our form a "Living Will Declaration" to try and make it clear to anyone what the form is about.

Uses: this free living will form is for anyone who does not want to be connected to a machine or device past the point the person would normally die. Two doctors must agree that you are past the point of normal death and that there is little or no hope of recovery.

Cautions: Make sure the is what you want. The form specifically allows nutrition and hydration to be withheld.

How to revoke: a living will can be revoked by the person who made it by destroying all copies or by verbally informing the treating doctor that the living will has been revoked.

Powers of attorney give your authorization to another person to do things that you cannot do for yourself or things that you do not want to do yourself. Powers of attorney can be general, or they can be specific. The Health Care Power of Attorney is specific and is intended to only give your agent (the person who has your authority) the ability to make medical decisions for you.

In Louisiana, a person with a power of attorney has more authority to make a medical decision than a relative. Therefore, where a spouse and adult children might ordinarily be on equal footing to make medical decisions if you cannot yourself, a power of attorney would put a person with your authority ahead of your spouse and/or children.

Note: A power of attorney that gives medical decision powers probably does not have to be notarized. However, we have found from experience that not all health care providers are aware of this fact. It is therefore better to go to the trouble of having this form notarized in order to avoid confusion and delay later.

Uses: this free health care power of attorney form gives your authority for another person to make medical decisions on your behalf. This would only be necessary if you were unable to make decisions for yourself because of injury or incompetence.

Cautions: Obviously you should only give this authority to a person you completely trust.

How to revoke: a power of attorney can be revoked by notifying your agent that it is revoked. But, you must also notify each person or institution that has copies that it is revoked.

The general power of attorney gives your agent the power to handle things of a general nature, such as banking, cashing checks, signing names, and things of that nature.

However, this power of attorney is limited in that several things in Louisiana have to be specific for the agent to have powers under a power of attorney. The ability to buy and sell, mortgage, represent the person in a succession, and handle mineral rights are a few examples of things not authorized by the general power of attorney.

Not all powers of attorney need to be notarized and/or witnessed. However, it is better to have the power witnessed and notarized in case the use requires witnesses or notarization.

Uses: this free power of attorney form gives the person you name the authority to handle general business transactions for you. Banking transactions like signing checks would be authorized under this power.

Cautions: Only someone you trust should have this authority. Also, it does not cover many situations. You should have an attorney draw up your power of attorney if there is any doubt about what powers you want to give your agent

How to revoke: a power of attorney can be revoked by notifying your agent that it is revoked. But, you must also notify each person or institution that has copies that it is revoked.

As in most states, Louisiana requires that the transfer of a vehicle or trailer be by a notarized bill of sale. The bill of sale must contain certain information, such as the VIN or other identification number, the seller and buyer, and the price.

Uses: A free bill of sale form, even if not required by the state in a particular situation, is proof of ownership. For a seller, this means that liability for the vehicle is terminated. For a buyer, this means that you have proof that you own the vehicle.

Cautions: For any transfer that must be done through the Department of Motor Vehicles, the transfer must be completed within 30 days of the sale. In most cases (other than a donation to a family member) the buyer of a used vehicle will owe sales tax. The sales tax must be paid within 40 days of the sale or interest and penalty begins to accrue. If the vehicle is being donated, there must be two witnesses on the bill of sale in addition to the notary. Note: this form is from the Dept. of Motor Vehicles.