In New Orleans, more than many places, legacy is something we carry within us. And yet, when it comes to estate planning, that same sense of continuity often gives way to delay. Not because people don’t care, but because life feels ongoing, unfinished and still in motion. There is always more time, it seems. Another season, another year, another celebration.
But time does not wait for readiness. It moves forward, whether we are ready or not. The difference between having a plan and not having one can largely shape not just finances, but the experiences of those most important to us.
Strip away the intimidating legal language, and estate planning is something far simpler than it sounds. It is the act of formally putting things in order, not just for yourself, but for the people who will one day have to make sense of what you leave behind.
A plan answers essential questions. Who steps in if you can’t make decisions for yourself? Who knows your wishes well enough to carry them out? What happens to the things you’ve built, gathered, and cared for over a lifetime? Without those answers, even the closest families can find themselves navigating uncertainty. Paperwork becomes burdensome. Decisions become fraught and what should be a time for reflection and grief turns, instead, toward logistics.
Estate planning is less about documents and more about clarity. Susan Burkenstock, board certified estate planning attorney and fellow of the American College of Trust and Estate Counsel with Elkins, PLC, explains that much of her role is helping clients understand both what the law requires and what may happen under different circumstances, so decisions are made intentionally, rather than by default.
“Avoiding estate planning does not avoid the consequences,” notes Chad Olivier, CFP, CEPA and CEO of the Olivier Group. “It simply leaves critical decisions unresolved. In my experience, once families take the first step, the process often feels far more manageable than they expected, and the peace of mind it creates is well worth the effort.”
The Details That Matter
Estate planning is often discussed in broad terms, but its effectiveness depends on attention to detail. One such detail is the role of documents themselves. A will provides direction for the distribution of assets. A financial power of attorney allows someone to act on your behalf if you are unable to do so. A healthcare directive communicates your medical preferences in situations where you cannot speak for yourself. These documents are foundational, but they are not static. They must be revisited over time, particularly as life changes.
Both Burkenstock and Olivier emphasize the importance of regular review, after major life events such as marriage, divorce, births, or deaths, and periodically even in the absence of change. Laws evolve. Financial situations shift and relationships develop in ways that may call for adjustment.
Planning also requires thinking beyond a single outcome. Burkenstock encourages clients to consider multiple contingencies. Think about what happens if a spouse predeceases the other, if a chosen agent is unable to serve or if a beneficiary is no longer living. Without these secondary plans, even the most well intentioned and constructed documents can fall short.
Another area where detail matters is asset structure. Many individuals assume that how an asset is titled determines how it will transfer at death. That is not always the case. Knowing exactly how each asset is named and making that clear in your plan is extremely important.
Olivier highlights a related issue. Beneficiary designations on accounts such as life insurance policies and retirement plans often operate independently of a will. If those designations are not coordinated with the broader estate plan, the result can be inconsistency or outcomes that contradict the individual’s intentions.
Life in Motion
One of the most common misconceptions about estate planning is that it belongs to a final chapter and that it is something to be addressed once life has settled into a stable, predictable place. But life rarely settles in that way. A first job becomes a career. A relationship becomes a marriage. A shared space becomes a home. A family expands. Responsibilities accumulate, not all at once, but steadily and estate planning should move alongside those changes, whether acknowledged or not.
The planning process should begin when life begins to extend beyond oneself, when assets are acquired, a marriage begins, or a child is born. These moments introduce not just new responsibilities, but new dependencies. For some, that planning begins with a simple step: naming someone to act on their behalf in the event of incapacity. For others, it involves decisions about guardianship, inheritance, or the structure of family assets.
In more complex situations, such as caring for a child with special needs, the stakes are even higher. As Olivier notes, a poorly structured inheritance can unintentionally disrupt access to essential benefits, creating challenges where none were intended. The earlier planning begins, the more options tend to exist.
Even then, hesitation is common. “Indecision breeds procrastination, which leads to inertia,” says Burkenstock, especially when families are faced with difficult choices. Olivier sees a similar pattern: for many, the process feels overwhelming at first, whether due to gathering financial details or confronting uncomfortable topics.
“One common mistake is treating estate planning as a commodity and simply seeking the least expensive option. Estate planning is highly nuanced, and poorly drafted documents can create significant problems later. It is important to work with an experienced estate planning attorney who understands both the legal and practical implications of these decisions,” notes Olivier.
The Digital Dimension
In recent years, estate planning has expanded to include a new category of assets – digital.
Online banking, investment accounts, social media profiles, cryptocurrencies, and digital businesses all present unique challenges. Unlike traditional assets, they may leave no physical record. Access is often controlled by passwords, authentication systems, or platforms with their own policies.
Burkenstock notes that when these details are not documented, the responsibility placed on an executor can become significantly more difficult. “Think about it from the perspective of the person (agent and/or executor) who has to suddenly come into your financial life and start acting on your behalf. How can you make the process easier for him or her?”
Olivier adds that digital assets should be treated with the same level of care as any other part of an estate, identified, documented, and incorporated into the overall plan. This may include maintaining secure records of account information, designating individuals who can access them, and ensuring that legal documents explicitly address their management. As our lives become increasingly digital, estate planning must evolve alongside them.
The Louisiana Difference
In Louisiana, these decisions carry an added layer of nuance. The state’s civil law tradition, distinct from the common law system used elsewhere in the country, shapes how property is passed down and how estates are structured. Concepts like forced heirship, usufruct, and community property can influence how assets are distributed, particularly when children or blended families are involved.
“This has the most impact on clients moving into or out of the state. LA is the only state which has the concept of forced heirship. It is one of nine community property states. There are concepts other states allow, which LA does not. Not only does LA have different laws regarding transfer of assets, but it also has different property laws. Clients need to understand what our law provides. There may be ways to alter some of the outcomes, but not without the guidance of an experienced estate planning lawyer,” Burkenstock explains.
For families who have long called Louisiana home, these rules are part of the fabric of life. For newcomers, they can come as a surprise. Either way, they underscore the importance of thoughtful, locally-informed planning.
What a Plan Makes Possible
Estate planning is not about restriction, it’s about intention. A clear plan allows for decisions to be made ahead of time, rather than in moments of stress. It creates space for nuance, for acknowledging the realities of modern families, evolving relationships, and changing priorities.
It allows decisions to be made in advance, when there is time to think, reflect, and adjust. It replaces uncertainty with direction, and assumption with clarity. For some, that clarity comes through a straightforward set of documents such as a will, a power of attorney and a healthcare directive. For others, additional structures may offer greater flexibility, whether that means naming an executor or ensuring that younger beneficiaries are not given access to assets too soon. Without these decisions, opportunities are often missed. Many people assume the law will handle things one way, Burkenstock notes, “when it provides something else.”
Without a plan, “state law and the courts may determine how assets are distributed,” says Olivier, sometimes leading to unintended outcomes, delays or family conflict.
In every case, the goal is the same: to make things easier for your loved ones. “There’s a quiet kind of generosity in that,” says Burkenstock. “Taking the time to put things in order so others don’t have to.”
The Weight of Waiting
If estate planning is at its core an act of care, why is it so often delayed? The answers are layered. Some are practical, others are emotional.
Burkenstock has observed that, at times, there is an almost superstitious hesitation. A quiet sense that completing an estate plan somehow signals readiness for something people would rather not name. The reasons are not always rational. For some, completing an estate plan can feel like tempting fate, “as if being prepared somehow means being ready to die.”
Often, the barrier is indecision. Estate planning requires choices that can feel weighty. Who will care for children? Who will manage finances? And how to navigate complicated family dynamics. The difficulty of making those decisions typically leads to postponement.
It’s common to feel overwhelmed by the process itself – the gathering of financial information, the need to think through difficult scenarios, the perception that the task is complex and time-consuming.
Without a plan, decisions fall to default processes including legal systems that are designed to be fair, but not personal. Families may find themselves trying to understand unfamiliar procedures at already extremely difficult moments filled with emotion. Executors may struggle to locate accounts, access digital records, or piece together a financial picture from scattered information.
“It’s not about expecting the worst,” Burkenstock notes. “It’s about being prepared in a way that reflects who you are and what matters to you.”
Where to Begin
Beginning an estate plan does not require a complete vision. It requires a first step.
“Just start,” Burkenstock advises. Even a single conversation can make the process feel far less intimidating. “If I can get clients to have the first meeting, I try to reassure them that no matter what they think about their particular family dynamics, they are not alone. Practicing in this area for as long as I have has given me the opportunity to experience all manner of family situations and when I relay those situations to new clients, in a generic way, they realize that their own family is not that different from others.”
Olivier suggests starting small: take inventory. List what you own and what you owe. Identify key accounts, assets, and obligations. From there, begin outlining your wishes – who should receive what, who should make decisions, and who you trust to carry out those responsibilities. Next, identify a trusted team of professionals, including an estate planning attorney and financial advisor, to help put those wishes into a coordinated plan.
From there, the foundational documents come into focus. A will outlines your wishes. A power of attorney allows someone to manage financial matters if you cannot. A healthcare directive ensures your medical preferences are known, something both professionals emphasize as a critical gift to family members during tough moments.
None of these decisions need to be permanent. They can, and should, be revisited as life changes. The most important step is simply moving from intention to action. Starting, even imperfectly, creates clarity where there was none before.
“Communicate your wishes. Too often, conflict arises not because of the plan itself, but because the plan comes as a surprise. Thoughtful conversations with family members can reduce misunderstandings, set expectations, and preserve harmony. In many cases, clarity is one of the greatest gifts you can leave behind,” says Olivier.
