Buchler and Buchler, LLC Metairie Family Law 2026-05-05T20:30:04Z https://www.buchlerlegal.com/feed/atom/ WordPress /wp-content/uploads/sites/1201497/2019/09/cropped-favicon-1-32x32.png On Behalf of Buchler and Buchler, LLC <![CDATA[Protection for life: how living wills actually work]]> https://www.buchlerlegal.com/?p=49121 2026-05-05T20:30:04Z 2026-05-05T20:30:04Z Planning for the future often raises difficult questions about health, independence and personal choice. Many people delay these conversations because they feel uncomfortable or uncertain. Still, clear planning can provide both structure and peace of mind. A living will allows individuals to outline medical preferences before a crisis occurs. It gives guidance to loved ones and health care providers when decisions become more complex.

Understanding living wills in Louisiana

A living will is a legal document that explains the type of care a person wants if they lose the ability to communicate. In Louisiana, it is often called a declaration concerning life-sustaining procedures. It focuses on end-of-life care, especially in cases involving serious illness or irreversible conditions. This document helps protect personal choice. It may include instructions about life support, resuscitation and other treatments that could extend life without improving comfort or recovery. It is also important to understand its limits. A living will may refer to a trusted person, but it does not formally grant authority to make broader medical decisions. That role is usually handled through a separate document known as a health care power of attorney. When used together, these tools create a more complete plan. One explains what care is preferred, while the other identifies who can act when situations fall outside those instructions.

Key elements to consider when creating a living will

Before drafting a living will, it helps to reflect on personal values and priorities in serious medical situations. Clear planning can reduce confusion and limit the risk of disputes among family members. Some key elements to consider include:
  • choices about life-sustaining care, including the use of ventilators or feeding tubes
  • instructions about resuscitation, including do-not-resuscitate decisions
  • guidance on pain management and comfort-focused care
  • coordination with a health care power of attorney for added decision-making support
In some cases, an additional document may also be useful. Louisiana uses LaPOST, a physician-signed medical order that reflects current treatment decisions. Unlike a living will, which outlines future intent, this form provides immediate direction to medical personnel across different care settings. After setting these preferences, regular review is important. This helps ensure the document still reflects current wishes as circumstances change. Careful preparation can ease the burden on loved ones and support clearer decisions during critical moments.

Bringing your care plan together

A living will serves as a practical form of preparation. When combined with other planning documents, it forms a stronger and more reliable approach. Taking these steps now can make a meaningful difference later. For guidance based on Louisiana law and individual needs, consider speaking with an experienced attorney who can help prepare each document with care.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[Can you still open a business if you have personal debt?]]> https://www.buchlerlegal.com/?p=49119 2026-02-09T16:08:56Z 2026-02-09T16:08:56Z You can start a business, but the debt won’t disappear Louisiana doesn’t stop you from opening a business just because you have debt. You can register an LLC, get a business license and start operations without anyone checking your credit or financial history. But personal debt doesn’t go away when you start a business. If you mix money or tie yourself to new personal liabilities, your financial problems can start to follow the business, fast.

Legal structure matters when debt is involved

An LLC can protect your business from personal creditors, but only if you keep a clear line between your finances. That means separate bank accounts, separate spending and no personal guarantees on business loans or leases. If you blur those lines, you risk losing the very protection the LLC gives you, and creditors may come after your company.

Starting small lowers the risk of deeper financial strain

Opening a business while in debt is doable, but taking on more debt to launch can make things worse. You’re better off starting lean, keeping expenses tight and avoiding high upfront costs you can’t recover quickly. That approach gives you room to test the waters without dragging your financial baggage into deeper water.

Launch wisely so your business doesn’t sink with your debt

If you set it up right, your business can move forward even while you're managing debt. But structure, separation and realistic planning make all the difference. A conversation with someone who understands the legal side of business formation can help you spot risks early and avoid mistakes that are hard to undo later. With the right setup from the start, your business has room to grow on a steadier footing.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[4 essential qualities when choosing your will executor]]> https://www.buchlerlegal.com/?p=49117 2025-11-09T21:12:36Z 2025-11-09T21:12:36Z Organizational skill When administering a will, an executor handles multiple tasks, deadlines and documents. Look for someone with exceptional organizational skills who can efficiently manage and complete their duties promptly. These can help them manage and accomplish their deliverables promptly.

Financial knowledge

An executor handles your estate’s finances, which can include assets, investments and liabilities. They are also responsible for settling debts and taxes. You need an executor who is knowledgeable about finance to handle your estate wisely and avoid costly errors.

Impartiality

Consider an individual’s ability to remain impartial. Your chosen executor should make fair decisions without personal bias, especially if there are multiple beneficiaries involved. This trait can help prevent disputes and maintain fairness throughout the administration process.

Legal qualifications

Beyond personality traits, it is important to appoint an executor who meets the requirements of Louisiana law. Your chosen individual should be at least 18 years old, reasonable and must not have a felony conviction.

Finalizing your decision

The role of an executor comes with responsibilities that require commitment and dedication. Apart from possessing the right characteristics and qualifications, your chosen individual must be willing to take this position. Upon deciding who you would like to have as an executor, discuss the role with them. With their consent, you can legally appoint them as your will executor.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[How to legally start a business in Metairie]]> https://www.buchlerlegal.com/?p=49115 2025-09-30T15:41:04Z 2025-09-30T15:41:04Z Choose the right legal structure for your business Your first step is selecting a legal structure. Each option affects taxes, liability and decision-making. Louisiana follows a civil law system, and internal agreements may be interpreted differently than in other states. Here are the most common structures:
  • Sole proprietorships: Simple to set up and operate; you’re personally liable for all business debts
  • Partnerships: Shared ownership and responsibilities; liability depends on the type of partnership
  • Limited liability companies (LLCs): Offer liability protection and flexible management
  • Corporations: Formal structure with shareholders, directors and officers; suited for businesses planning to scale
Choosing the right structure early also sets expectations for how your business will operate and grow.

Register your business through geauxBIZ

Louisiana requires most businesses to register with the Secretary of State through the geauxBIZ portal. You can use it to:
  • Reserve your business name
  • File formation documents
  • Identify required licenses and permits
You must complete registration before you begin operations, and the portal helps you identify which agencies you may need to contact based on your business type.

Check local licensing and zoning rules in Jefferson Parish

Metairie businesses must comply with Jefferson Parish regulations. Depending on your location and industry, you may need an occupational license, zoning approval or health inspection. Requirements vary by industry and location.

Maintain compliance after formation

Once you’re a registered business, you’ll need to meet ongoing legal obligations. These may include:
  • Preparing and filing annual documentation to preserve legal status
  • Keeping a registered agent with a valid Louisiana address who meets state eligibility requirements
  • Updating internal records to reflect ownership and management changes
Ignoring these requirements can result in fines, loss of good standing or administrative dissolution.

Protect your dream with the right legal steps

If your business is a lifelong goal, it deserves a strong legal foundation. Consider speaking with a qualified lawyer who can walk you through the legal process and help you make informed decisions.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[How does forced heirship impact succession?]]> https://www.buchlerlegal.com/?p=49113 2025-05-09T15:39:54Z 2025-05-08T16:42:19Z Forced heirship laws in Louisiana significantly impact how estates distribute after someone passes away. These laws protect certain family members, ensuring they inherit a portion of the estate regardless of the deceased’s wishes. Understanding forced heirship helps you plan your estate effectively or navigate the Louisiana succession process.

What is forced heirship?

Forced heirship refers to Louisiana's unique law that requires a portion of an estate to go to specific heirs, known as forced heirs. In Louisiana, forced heirs are usually the children of the deceased, particularly those under 24 years old or those permanently incapable of caring for themselves due to a mental or physical disability. These heirs are entitled to a portion of the estate, regardless of what the will says.

How does forced heirship affect estate planning?

When planning your estate in Louisiana, forced heirship laws impact how you distribute your property. You may want to leave specific assets to certain people or organizations, but if you have children who qualify as forced heirs, they must receive their share of the estate. You cannot fully disinherit them unless they fall under specific exceptions. For those wishing to avoid the strict requirements of forced heirship, some estate planning tools, such as trusts, may help. However, even these tools must follow Louisiana law, which still guarantees forced heirs receive their share.

Forced heirship and estate disputes

Forced heirship often leads to disputes, especially when family members believe they deserve more than what the law dictates. For example, if someone writes a will leaving all their estate to a charity or a non-family member, their forced heirs may challenge the will to claim their rightful portion. This can lead to legal battles that delay the succession process and increase costs. When facing the challenges of forced heirship in Louisiana, you must understand its implications. Estate planning in this context requires careful strategies to balance your wishes with legal requirements. Knowing your options and working with legal professionals can help ensure you distribute your estate in a way that aligns with both your desires and the law’s requirements.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[How does intestate succession work in Louisiana?]]> https://www.buchlerlegal.com/?p=49110 2025-02-18T15:36:30Z 2025-02-18T15:36:30Z When a person dies without a will in Louisiana, their estate follows intestate succession laws. These laws determine who inherits property and assets based on family relationships. Understanding the state's unique succession system can help heirs navigate the process smoothly.

Who inherits under Louisiana intestate law?

Louisiana law prioritizes close relatives when distributing an estate. If the deceased had children, they inherit the entire estate equally. If there are no children, the estate passes to the next closest relatives, such as parents, siblings, or spouses. The surviving spouse does not automatically inherit everything. Instead, if the deceased had children, the spouse receives only a usufruct, or lifetime right to use certain assets, such as the family home. If no children exist, the spouse may inherit outright, but only if no closer blood relatives remain.

What happens to community property?

Louisiana follows community property laws, meaning assets acquired during marriage belong equally to both spouses. If one spouse dies without a will, their half of the community property passes to their children or other heirs, while the surviving spouse keeps their own half. The spouse may also receive a usufruct over the deceased’s portion, which usually lasts until death or remarriage.

How does forced heirship impact intestate succession?

Louisiana law includes forced heirship, which protects certain heirs from disinheritance. If the deceased leaves behind a child under 24 or an adult child with a disability, that child must receive a portion of the estate, even if the deceased had intended otherwise.

How can heirs handle the succession process?

Heirs must file a succession proceeding in court to transfer ownership of property. This process ensures debts are settled and assets are legally distributed. Some small estates qualify for a simplified procedure, but most require formal probate. Understanding Louisiana’s intestate succession laws helps families manage inheritance matters efficiently. Being informed about the legal process ensures heirs receive their rightful share and prevents unnecessary disputes.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[Can AI improve decision-making in business formation?]]> https://www.buchlerlegal.com/?p=49108 2025-01-06T23:43:18Z 2025-01-06T23:43:18Z AI is transforming many aspects of business, including the way entrepreneurs decide how to form their companies. Whether it is a startup or a growing venture, business formation requires careful planning and consideration. AI tools now play a major role in providing data-driven insights that help make better decisions.

Streamlining entity selection

Choosing the right business entity is one of the first steps in starting a business. AI can assist in this decision by analyzing various business factors, such as industry, size, and risk tolerance, to recommend an ideal entity type. By evaluating data, AI can help compare options like LLCs, S Corporations, and partnerships, ensuring a good fit for the company's goals.

Forecasting business outcomes

AI also helps forecast potential outcomes for different business structures. Entrepreneurs can use AI-driven predictive analytics to assess the impact of each option on growth, profitability, and tax obligations. These insights allow founders to make informed choices that align with their long-term goals, rather than relying solely on personal assumptions or limited information.

Enhancing compliance and legal considerations

Legal compliance is another critical aspect of forming a business. AI tools simplify this process by identifying the specific requirements for various business entities, including licenses, permits, and filing deadlines. AI can also provide reminders and automated solutions, reducing the risk of costly compliance issues.

Improving risk assessment

Risk management plays a vital role in deciding on a business structure. AI can analyze market trends, legal implications, and competitive landscapes to help determine which entity offers the most protection. This analysis can save entrepreneurs from making decisions that could expose them to unnecessary liabilities. AI is a valuable tool for business formation in today’s digital age. By using data and advanced analytics, it helps entrepreneurs select the right entity, predict outcomes, ensure compliance, and manage risk more effectively. This smarter approach to decision-making allows businesses to start on a solid foundation for future growth.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[Knowing the differences between a living will and a DNR order]]> https://www.buchlerlegal.com/?p=49106 2024-09-24T22:36:34Z 2024-09-24T22:33:12Z When planning for future medical care, it's crucial to understand different directives. You might encounter terms like living wills and Do Not Resuscitate (DNR) orders. Both documents serve specific purposes, but their roles in healthcare decision-making vary.

Living will basics

In Louisiana, a living will or declaration concerning life-sustaining procedures is a legal document that outlines your preferences for medical treatment if you become incapacitated and are unable to communicate your decisions. Here are the key points:
  1. Eligibility: Any adult can create a living will.
  2. Activation: The living will is effective only if you are diagnosed with an incurable injury, disease or illness, or if you are in a continual profound comatose state with no reasonable chance of recovery, certified to be a terminal and irreversible condition by two physicians who have personally examined you, one of whom must be your attending physician, and the physicians determine that your death will occur whether or not life-sustaining procedures are utilized and that the application of life-sustaining procedure would serve only to prolong artificially the dying process.
  3. Purpose: A living will ensures your preferences for end-of-life care are known and respected, even if you cannot communicate them yourself.
  4. Content: The living will specifies whether life-sustaining procedures, such as nutrition and hydration, life support, mechanical ventilation, tube feeding, dialysis, or other interventions, should be withheld or withdrawn if they only serve to prolong the dying process.
  5. Registration: While not required, you can register your living will with the Louisiana Secretary of State for a fee.
The living will is effective at a time when a person is physically (medically) alive but cannot survive without extraordinary medical procedures. By having a living will, you can ensure that your family knows and respects your healthcare preferences, even when you can't voice them yourself.

Understanding a DNR order

A DNR order is a medical directive that tells healthcare providers not to perform CPR if your heart stops beating or if you stop breathing. This order is specific to resuscitation efforts and common in cases where CPR would not improve the quality of life or where it would only prolong suffering. Unlike a living will, a DNR order must have a physician’s signature.

Key differences

The main difference between a living will and a DNR order lies in their scope. A living will covers a broad range of medical treatments and interventions, while a DNR order is specific to resuscitation efforts. Additionally, you, the patient, prepare the living will, whereas a DNR order requires a doctor's signature.

How they work together

While a living will and a DNR order are separate documents, they can complement each other. For example, your living will might express a preference for no aggressive treatments, and a DNR order would ensure no one  makes any resuscitation efforts. 

Planning for peace of mind

Understanding the differences between a living will and a DNR order can help you make informed decisions about your healthcare. This proactive approach ensures that your healthcare decisions align with your values and needs.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[Should you include a power of attorney in your estate plan?]]> https://www.buchlerlegal.com/?p=49103 2024-09-24T21:50:49Z 2024-09-24T21:50:49Z Types of power of attorney Understanding the different types of power of attorney helps in selecting the right one for your estate plan. A general power of attorney grants broad powers to your agent, covering various actions like managing finances or business transactions. This type is effective until you revoke it or become incapacitated. A durable power of attorney is similar to a general POA but remains effective even if you lose the ability to make decisions yourself. This feature makes it particularly important for estate planning, as it ensures that someone can manage your affairs without court intervention. A limited power of attorney restricts the agent's power to specific activities or time periods, ideal for single transactions or events when you cannot be present. A medical power of attorney authorizes your agent to make medical decisions on your behalf if you become unable to communicate your wishes.

Why power of attorney is important to your estate plan

Including a power of attorney in your estate plan offers several benefits. It ensures that someone you trust can handle your affairs if you are incapacitated, avoiding the need for court-appointed guardianship. This can save time, money and stress for your family. A POA also allows you to specify who will make decisions about your health, finances and legal issues. By incorporating a power of attorney into your estate plan, you can secure the management of your affairs and ensure that your needs are met, even if you cannot manage them yourself. This preparation helps protect your assets and provides clarity and direction for handling your matters in challenging times.]]> On Behalf of Buchler and Buchler, LLC <![CDATA[Steps to help avoid legal trouble while serving as executor]]> https://www.buchlerlegal.com/?p=49102 2024-03-05T16:27:11Z 2024-03-05T16:27:11Z Refrain from taking estate property As executor, you have access to estate accounts, property and valuables. Taking any of it for personal use is a breach of your fiduciary duty. Even if you think you can “pay it back” later, do not take anything that does not belong to you, as beneficiaries might accuse you of stealing their inheritance. In addition, you have a duty to maintain the value of estate assets. Do not let real estate deteriorate due to lack of maintenance. Be careful about making unwise investment decisions that lose money. Take reasonable care of valuables like jewelry, art and antiques. Document your efforts to preserve assets to satisfy the heirs.

Resolve estate debts

Before distributing inheritances, you must settle the debts and taxes owed by the estate. This includes paying off mortgages, credit cards, medical bills and any loans. You must also file necessary tax returns and pay taxes owed by the estate. Failing to address these obligations risks legal trouble.

Stick to the will

Your primary duty is to carry out the wishes of the deceased as outlined in the will. Do not change beneficiary allocations or add or remove heirs. Follow the directions of the will for distributing assets. Going against the will could prompt lawsuits from disgruntled beneficiaries.

Maintain communication with heirs

Keep heirs updated about estate matters. Send them notice of the death of the decedent. Also provide periodic progress reports and share an inventory of assets. Being transparent and communicating regularly avoids misunderstandings. Settling an estate with care helps ensure assets go where the deceased wished. Avoiding missteps protects you legally and preserves family harmony. With caution and common sense, you can successfully fulfill your executor duties.]]>