Plan today for the people who depend on you.
Wills, trusts, special needs trusts and continuing tutorships for Louisiana families, handled personally by attorney Franklin Foil, a longtime advocate for people with disabilities.
Franklin Foil, AttorneyPracticing since 1991, former U.S. Navy military judge, Louisiana legislator
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- AV ratedby peer review
- Captain, U.S. Navy JAGformer military judge
- Louisiana LegislatureHouse and Senate
- Disability advocatefor Louisiana families
We help Louisiana families and businesses
Every plan starts with your family and your goals, then gets written to work under Louisiana's civil law.
Special needs trusts
Leave money for a child or loved one with a disability without putting their SSI or Medicaid eligibility at risk.
18the age parental authority ends unless a continuing tutorship is in placeContinuing tutorship
Keep the legal authority to protect your child with an intellectual disability into adulthood.
Wills
Choose your heirs, your executor and a guardian for minor children.
Trusts
Pass assets on your timeline and keep family matters private.
Powers of attorney
Healthcare and financial powers plus a living will, so someone you trust can act for you.
Successions
Help settling a loved one's estate through Louisiana's succession process.
A community leader and advocate for people with disabilities
Franklin Foil has spent decades helping Louisiana families protect their legacies through wills and special needs trusts, and he has carried the same advocacy into the State Legislature.
Creating or updating an estate plan means deciding who will care for the people you love, and how. Franklin takes the time to understand your family before drafting anything. That patience comes from experience on every side of the law: as a practicing attorney, as a military judge in the U.S. Navy Reserve, and as an elected official who has worked on the laws that affect families like yours.
- 1987B.A., Political ScienceLouisiana State University
- 1991J.D. and admitted to the Louisiana BarLoyola University New Orleans College of Law
- 2005Founded Foil Law FirmBaton Rouge
- 2008Elected to the Louisiana House of RepresentativesChaired Homeland Security, Vice-Chair of Appropriations
- 2020Louisiana State SenateChairman, Senate Judiciary Committee
Louisiana law works unlike the other 49 states
Louisiana follows a civil law tradition. Online templates and out-of-state documents are written for common law states, and the gaps usually surface during a succession, when it's too late to fix them.
Your children may have a right to part of your estate
Louisiana is the only state with forced heirship. Children who are 23 or younger, and children of any age who are permanently unable to care for themselves, can claim a share of a parent's estate.
- It limits who you can leave property to
- A special needs trust can satisfy the share and protect benefits
Estates are settled through a succession, not probate
When someone dies in Louisiana, their estate goes through a succession under the Civil Code, with its own court procedures, terms and paperwork.
- A clear plan can make the process faster and less costly
- Many successions can be handled with less court supervision
A surviving spouse often gets use, not ownership
Under a usufruct, a surviving spouse can use property the children inherit, usually until death or remarriage. Combined with community property, it decides who controls the house, the accounts and the business.
- Your will can extend or adjust the usufruct
- Planning avoids conflict between a spouse and children
A will must meet strict formalities to be valid
A Louisiana notarial testament is signed at the end and on every page, in front of a notary and two competent witnesses, with a specific attestation clause.
- A missed step can make the whole will invalid
- Out-of-state templates rarely meet these rules
Planning for a child with special needs
For many parents, an estate plan isn't optional. It's how you make sure your child is looked after when you can't do it yourself. Franklin has decades of experience building special needs trusts that protect government benefits, and continuing tutorships that keep parents involved after their child turns 18.
Learn about special needs trusts
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Get to know your family
Your child's needs, the benefits they receive now or may need later, and the people you trust.
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Choose the right tools
A special needs trust, an ABLE account, or both, depending on your child's situation.
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Draft and fund the trust
Name a trustee, set distribution rules and coordinate your will and beneficiary designations.
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Plan for adulthood early
Start the continuing tutorship well before 18. Louisiana allows the petition once your child turns 15.
Questions families ask us
Still unsure where to start? Call 225-382-3264 and we'll talk it through.
What is a special needs trust?
What is a continuing tutorship?
Do I need a will if I don't have many assets?
How does forced heirship affect my plan?
How often should I update my estate plan?
Can you help me start a business in Louisiana?
Whatever stage of life you're in, we're here for you
Young parents writing a first will, retirees passing on a legacy, owners planning what happens to the business. It all starts with one conversation.