Baton Rouge Probate Lawyer

Baton Rouge Probate Attorney

The death of a relative, close friend or other loved one can be a difficult and emotional experience. When you are tasked with handling the final affairs of a loved one’s estate, it may be difficult to separate your emotions from the legal actions that are required of you, which is when a Baton Rouge probate lawyer can step in. At the Ezell Law Firm, LLC, we help clients through this difficult time.

Our firm represents family members, heirs and executors in probate proceedings. Probate is the process of settling a decedent’s estate. Whether your loved one passed away with or without a will, we can assist you in handling the final affairs of the estate.

Understanding Probate in Louisiana

Probate is the legal process of taking care of the wealth and assets that a deceased person has left behind. It makes sure that all their debts are paid and then everything left over is given out to their beneficiaries. In Louisiana, this process is also known as succession.

In some cases, the probate court oversees the process to ensure assets are transferred properly. Executors, who are responsible for ensuring assets are distributed to the correct beneficiaries, are appointed to manage the estate. Their duties include strictly following all legal requirements, creating an inventory of assets, and notifying any outstanding creditors.

Understanding the probate process is very important for both executors and beneficiaries so they can avoid making mistakes, and so they can also settle the estate. Working with an experienced probate attorney can help simplify the process and minimize potential disputes.

What Is a Succession?

In Louisiana, succession refers to the transfer of the deceased person’s wealth and property to their heirs or legatees. Successions can be categorized either as testate (with a will) or intestate (without a will). When Louisiana’s community property laws and forced heirship rules come into play, it can further complicate things, especially when distributing assets like homes, vehicles, and family businesses.

At Ezell Law Firm, LLC, our probate attorneys can help you to open the succession, prepare the required documents, and resolve any disputes that might come up between legatees or creditors.

Intestacy in Louisiana

When a person dies without a will in Louisiana, everything they leave behind becomes subject to the state’s intestacy laws. These laws determine how the deceased’s wealth and assets are divided among their surviving family members, and that division follows a very specific legal hierarchy.

Intestate succession in Louisiana gives priority to spouses and children, but in cases where there are no direct heirs, the estate may pass to more distant relatives such as siblings, parents, or even the state if no eligible heirs exist. Community and separate property rules can also complicate intestate distribution, which is why legal assistance is so important.

Handling an intestate estate can be complicated and frustrating, especially when multiple heirs are involved or when the estate includes high-ticket assets. That’s why the team at Ezell Law Firm, LLC, is dedicated to making sure that intestacy laws are correctly applied and appropriately distributed.

Why Legal Representation Matters in Probate and Succession

Probate law involves many moving parts, like deadlines, filings, and nuanced procedures. For example, Louisiana’s forced heirship laws protect specific heirs, like minor children or disabled adult children, making sure they receive a portion of the estate no matter what the deceased’s will says. Also, disputes over wills, allegations of fraud, or disagreements over asset valuations can lead to litigation.

An experienced probate lawyer from Ezell Law Firm, LLC, can help prevent costly mistakes, avoid unnecessary delays, and ensure compliance with Louisiana’s legal requirements. Legal representation provides the support you need to not only get through this challenging time but to wrap your head around the complexity of probate.

Common Challenges in Louisiana Probate

Getting through the probate process can mean facing many challenges that can complicate the administration of the estate, such as:

• Disputes over the validity of a will. Wills can be contested if there are questions about the deceased’s mental capacity at the time the will was written, allegations of undue influence (where they were influenced to favor one legatee over the other), or issues with how the will was executed.
• Complex family dynamics. Blended families, estranged relatives, and stepchildren can complicate the distribution of any assets. Without a will, Louisiana’s intestacy laws may not align with the deceased person’s wishes, which can lead to disputes.
• Handling debts and taxes. Executors are responsible for settling debts and filing necessary tax returns, and mistakes can result in personal liability.
• Out-of-state assets. Property located outside Louisiana may require additional probate proceedings, adding another layer of complication to the mix.

Despite these challenges, careful planning and experienced legal representation can make the probate process more manageable. By proactively addressing these challenges, Ezell Law Firm, LLC, can help facilitate a smoother probate process and minimize the possibility of disputes among beneficiaries and creditors.

Experience You Can Trust

Our probate lawyers also offer estate planning services. We frequently represent clients at the beginning stages of their estate plan and also assist with modifying existing estate plans. Our experience in estate planning bolsters our probate practice. We have ample understanding of drafting enforceable contracts, understanding clients’ final wishes and the family dynamics that are involved in this area of law.

As we assist clients during probate, we draw upon our knowledge of how decisions are made, why an individual may have made such a decision and the best route for enforcing his or her wishes.

Executors have various duties, including the following:

• Performing accounting and inventory of decedent’s assets
• Notifying heirs and beneficiaries
• Paying estate taxes and debts (if applicable)
• Distributing property and assets according to the decedent’s wishes as conveyed in his or her will

Probate Litigation Involving Contested Wills

Our law firm is prepared to handle contentious matters that can arise during probate proceedings. In some instances, litigation may be required if an individual contests the validity of a will, trust or other estate planning directive.

FAQs

Q: Can Someone Challenge a Succession After Assets Have Been Distributed?

A: Yes, a succession can be challenged even after the distribution of assets, especially if there’s evidence of fraud, influence that swayed the deceased’s will, or if mistakes were made during the probate process. However, there are strict deadlines for filing any challenges. If successful, the court may order a redistribution of assets or award financial compensation to affected parties. Seeking legal advice early is crucial to determine if a valid claim exists.

Q: Does Probate Affect Life Insurance Policies in Louisiana?

A: Generally, life insurance policies with named beneficiaries can bypass probate. This means the proceeds go directly to the listed individuals without court involvement. However, if no beneficiary is designated, or if the estate is named as the beneficiary, the proceeds may enter probate proceedings and be used to settle any outstanding debts before distribution to beneficiaries.

Q: Can Digital Assets Be Included in a Louisiana Succession?

A: Yes, digital assets like online banking accounts, social media profiles, and cryptocurrency holdings are considered part of an estate in Louisiana. Executors should follow the process of inventorying these assets and following applicable terms of service agreements. Louisiana law continues to evolve in this area, but having a digital estate plan can help ensure proper management and access to these assets after death.

Q: What Role Do Forced Heirship Laws Play in Business Succession Planning?

A: Louisiana’s forced heirship laws, which require a portion of an estate to be reserved for certain heirs, can certainly complicate business succession plans. Business owners should take proactive measures, like creating buy-sell agreements, trusts, or restructuring ownership interests, to ensure their company continues to operate smoothly while complying with legal obligations to forced heirs. If this is a concern for you, Ezell Law Firm, LLC, can help.

Contact Us For Assistance From An Estate Administration Lawyer

Probate can be a complicated process if you forego the assistance of an attorney. Contact our Baton Rouge, Louisiana, law office today to arrange a consultation and learn how we can assist you. You can also call us at 225-763-2272 or 888-511-8717 toll-free. We serve Baton Rouge, Livingston and surrounding areas.