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Is a Prenuptial Agreement Right for You?

No one thinks about a divorce when they are about to say: “I do.”  But if you want to protect financial assets or a family business, a prenuptial agreement should be considered.  Prenuptial Agreements are not just for the super wealthy, they are for anyone looking to protect whatever assets they may have.

Louisiana is a community property state which means when you reside in Louisiana after marriage, whatever type of property that is acquired, from the date of marriage, becomes part of the community of acquets and gains.  You both own an undivided one-half of all property.  A prenuptial agreement will designate that there will be no community property, but that all property will be separate among the spouses.  All of the natural and civil fruits of the separate property will stay with that property as well.  Additionally, all obligations incurred prior to or after marriage will be separate.

What a Prenuptial Agreement does not do is set out any child support, child custody, or child visitation agreements.  A court of law has the final say in these matters.  

If you feel like a Prenuptial Agreement is right for you, Cypress Notary can meet with you, prepare the document, and take care of filing with the court in the Parish where you will reside.


Affidavit of Small Succession - Legislature Increases Value to $125,000.00 

The Louisiana State Legislature increased the estate value for the small succession process to $125,000.00.  If you need to transfer ownership of any property after the death of a loved-one, the heirs must meet all of the small succession requirements, including that your loved-one passed away without a Will (intestate); OR with a Will (testate) probated in another state. 

If the value of the estate is less than $125,000.00, the process is simple and the heirs record an Affidavit of Small Succession to effect the transfer of all property.  No formal succession needs to be opened under the above circumstances.

A Notary, as opposed to an attorney, can prepare an Affidavit of Small Succession at minimal cost.  Let Cypress Notary help you through this process.

 

Why You Need a Power of Attorney for Your College Age Child

Parents, we know you have an extensive checklist for preparing to send your child to college.  BUT, we caution that there is one more, very important item to add to your list:  Have your child execute a Power of Attorney.
Once your child becomes 18 years old, you no longer have the authority to manage money, or make health care decisions for your child.  This remains true, even if you pay tuition on the child's behalf, still cover her on your health insurance, or claim her as a dependent of your tax return.  This result occurs because your child has reached the age of majority.
However, the consequences of the child becoming a major-adult and the lack of a Power of Attorney become evident when an unexpected event, such as an accident occurs, or a health care decision must be made.  If your child became disabled, even temporarily, you may need a court order to act on your child’s behalf.  This requires hiring an attorney, petitioning the court, and it is a very cumbersome and expensive process.  
  But, it is also very simple to avoid this scenario.  Every child going to college needs a Power of Attorney in favor of a parent, or another adult they trust.  
  In addition, if your child plans to travel or attend school abroad, a Power of Attorney can make it easier to contact the local embassy on her behalf, or make it possible to send money from her own bank account.  
  Before sending your child to college, come see us.  We can cost-effectively prepare a Power of Attorney for your peace of mind.

Cypress Notary is Featured in the July 2017 Issue of Inside Northside

Cypress Notary is Spotlighted in the May 2017 “Women in Business” Issue of Inside Northside

Cypress Notary is Featured in the March 2017 Issue of Inside Northside



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| Phone: 985.951.2177
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