Louisiana Successions Lawyer

Louisiana Successions Attorney

The passing of a loved one is an emotional experience that can be made even more difficult by the legal proceedings that follow. Whether you’re an heir, executor, or administrator, it is crucial to work with a Louisiana successions lawyer to guide you through the process of managing and distributing an estate after a loved one’s death.

With 60 years of combined experience, Ezell Law Firm, LLC offers knowledgeable, compassionate, and dedicated legal services designed to alleviate your burden during this difficult time. Whether you’re dealing with a straightforward case or a complex estate with multiple beneficiaries, our firm is committed to helping you navigate through the process smoothly.

What Is a Succession in Louisiana?

In Louisiana, succession refers to the process of handling a decedent’s estate, distributing their assets, settling debts, and ensuring that all legal requirements are fulfilled.

The rules of succession depend on whether the decedent had a valid will, and the legal steps to administer the estate differ significantly in each case. While the succession process can feel daunting, understanding the various types of successions and the steps involved can help you better prepare for the process.

The Two Types of Successions in Louisiana

Louisiana law recognizes two types of successions: testate and intestate. The type of succession process that applies depends on whether the decedent left behind a will.

Testate Succession

Testate succession happens when a person passes away and leaves behind a valid will. In Louisiana, a will must meet certain formalities in order to be considered valid, such as being signed in the presence of two witnesses or executed in a specific legal manner if the person is not physically capable of signing.

When a person dies testate, their estate is distributed according to the instructions in their will. This is why a will should clearly specify who inherits the decedent’s assets and also designate a person (the executor) to manage the estate’s distribution.

If there are disputes about the validity of the will – or whether the decedent was of sound mind when it was created – the succession process can become more complicated, and in some cases, beneficiaries may challenge the will in court, which can lead to a long, drawn-out legal battle.

In addition, even with a valid will, Louisiana law may impose restrictions or obligations on the distribution of property, like ensuring that forced heirs are taken care of. Forced heirs are those who have a legal right to a portion of the decedent’s estate and are typically children under the age of 24 years or disabled adult children.

Intestate Succession

If a person dies without a valid will, the estate undergoes intestate succession. In this situation, the decedent’s estate is divided among their surviving family members, regardless of any intentions the deceased may have had. Louisiana law follows a specific order of priority, beginning with the deceased’s surviving spouse and children. If there are no children, other relatives, such as parents, siblings, or cousins, may inherit the estate.

While intestate succession ensures that the deceased’s property goes to their closest relatives, it may not align with the wishes of the deceased. For instance, if someone wanted a specific friend or charity to inherit a portion of their estate, intestate succession is unable to make those accommodations. This means that creating a will is of the utmost importance, especially if you have specific wishes for how your property should be divided after your death.

Understanding the nuances of both testate and intestate succession is very important for anyone dealing with the estate of a loved one. Whether there’s a will or not, the administration of a succession can involve multiple steps, and it’s often favorable for the family to work with a Louisiana succession lawyer from Ezell Law Firm, LLC, to ensure that everything is handled properly.

How the Succession Process Works in Louisiana

The succession process in Louisiana involves several vital steps, each of which is designed to ensure that the decedent’s estate is administered properly. While the exact steps may vary depending on whether the decedent died testate or intestate, the overall process remains largely the same.

Step 1: Filing the Petition

The first step in the succession process is filing a petition with the court. This is typically done by a surviving spouse, child, or another family member who is designated as the representative of the estate. The petition includes details about the decedent, their beneficiaries, and the assets that are part of the estate, and the court reviews the petition to begin the process of opening the succession.

Step 2: Opening the Succession

Once the court receives the petition, it officially opens the succession. At this point, the court may appoint a representative to oversee the administration of the estate. If there’s a valid will, the court validates the document and appoints an executor.

If there’s no will, the court can appoint an administrator to handle the estate. The administrator, or executor, is responsible for making decisions on behalf of the estate, including the payment of debts and the distribution of assets.

Step 3: Notifying Beneficiaries and Creditors

All potential beneficiaries and creditors must be notified of the succession proceedings. This ensures that everyone who may have a claim to the estate is informed about the ongoing proceedings.

Step 4: Taking Inventory of the Estate

An inventory of the deceased’s estate must be prepared, and all assets, including property, bank accounts, and other valuable items should be listed. The inventory also includes any debts or liabilities that the deceased may have had at the time of their death.

Step 5: Paying Debts and Taxes

Before the estate can be divided among the beneficiaries, all outstanding debts, taxes, and other obligations must be paid. This could include funeral expenses, medical bills, and any outstanding loans or mortgages. Louisiana law specifies the order in which these debts should be paid, with certain debts having higher priority than others. It’s important to carefully handle this step to avoid potential disputes over how the debts are settled.

Step 6: Distributing Assets

Once all debts and taxes have been paid, the remaining assets are ready to be distributed. In the case of a testate succession, the executor distributes the assets according to the provisions laid out in the deceased’s will. In an intestate succession, the estate is divided according to Louisiana’s laws of inheritance, which outline how property should be allocated among surviving relatives.

Step 7: Closing the Succession

After the assets have been distributed, the court formally closes the succession. At this point, the executor or administrator files a final report detailing the actions taken during the administration of the estate. The court then reviews this report to ensure that all necessary steps were followed, and once approved, the succession is closed, and the representative is discharged from their duties.

Despite the legal clarity of the Louisiana succession process, several challenges can come up, especially in complicated cases, which is why working with Ezell Law Firm, LLC, can help overcome any challenges you might face. Whether it’s a dispute among family members or complications related to the value of the estate, our team can help you plan for these potential issues early and address them appropriately.

Will Disputes

In Louisiana, challenges to the validity of a will are common, especially when family members disagree about its terms, and these disputes can significantly delay the succession process. Legatees may question whether the deceased was of sound mind when they signed the will or whether the will was properly executed. If a will is contested, it’s important to have experienced legal representation by your side so that you can protect your rights.

Creditor Claims

Creditors may seek to collect debts from the estate, and it’s essential to handle these claims properly to avoid complications. Some claims may take precedence over others, and certain debts may need to be negotiated or settled before the estate can be divided. A Louisiana succession lawyer from Ezell Law Firm, LLC, can help identify legitimate claims and ensure that they’re addressed according to the law.

Why You Need a Louisiana Succession Lawyer

Dealing with the complexities of succession law can be overwhelming, especially when combined with the emotional toll of losing a loved one, but an experienced Louisiana succession lawyer can alleviate much of the burden and ensure that the process is handled according to the law. At Ezell Law Firm, LLC, we offer:

• Filing and Document PreparationWe can:
  • Assist with the filing of succession petitions
  • Prepare and file required legal documents
  • Draft and file affidavits, inventories, and other essential legal documents

• Property and Asset ManagementWe can:
  • Advise on property classification (community vs. separate property)
  • Determine how assets should be categorized and divided among beneficiaries, including real estate and personal property
  • Assist with the valuation, management, and distribution of assets in compliance with Louisiana law

• Debt Settlement and Tax AssistanceWe can:
  • Ensure the deceased’s debts are properly identified, prioritized, and settled before assets are distributed
  • Advise on the tax implications of the estate and assist with filing any necessary estate or inheritance tax returns

• Dispute Resolution and RepresentationWe can:
  • Resolve conflicts and disputes among heirs
  • Provide mediation services or represent you in court to resolve disagreements over the estate’s distribution or validity of the will
  • Represent you in court if litigation arises or represent you to protect your interests if disputes can’t be resolved outside of court

• Real Estate TransfersWe can:
  • Navigate real estate transfers
  • Ensure that property is legally transferred to the rightful beneficiaries, including handling complicated real estate titles

• Legal GuidanceWe can:
  • Guide you through the legal requirements and time frames of succession to avoid delays or legal challenges
  • Provide peace of mind

Our team of dedicated attorneys has decades of experience handling Louisiana successions, and we’re committed to providing personalized legal assistance to ensure the smooth and efficient administration of your loved one’s estate. Whether you need assistance with a simple succession or need to address a complicated legal issue, we’re here to support you every step of the way.

FAQs

Q: How Can I Minimize the Impact of Estate Taxes on My Succession?

A: While Louisiana does not impose estate taxes, the federal estate tax can still affect large estates. To minimize this impact, it’s essential to consider strategies like gifting assets during your lifetime, establishing trusts, or taking advantage of available tax exemptions. Our estate planning attorneys can help you explore these options and ensure that your estate is structured in a way that minimizes tax liabilities.

Q: What Should I Do If I Am Not Named in a Will but Believe I Should Inherit?

A: If you believe that you’re entitled to inherit but you’re not named in a will, it’s important to understand Louisiana’s laws of intestate succession and forced heirs. Forced heirs are entitled to a portion of the estate, regardless of the will’s provisions, so you may need to challenge the will or file a claim in the succession proceedings in order to protect your rights.

Q: Can I Challenge a Will if I Suspect Fraud?

A: If you suspect that a will was fraudulently created or altered, you may be able to challenge its validity in court. Fraudulent activity could include forging the deceased’s signature, altering the document after it was signed, or coercing the deceased into creating or changing a will. Working with an experienced succession lawyer is crucial if you suspect fraud has occurred.

Q: How Do I Handle Multiple Wills in a Louisiana Succession?

A: In some cases, the deceased may have left behind multiple wills. If there’s confusion over which will is the valid one, the succession process can become complicated. It’s important to examine the circumstances under which each will was created, and the team of succession lawyers at Ezell Law Firm, LLC, can help determine which document takes precedence.

Start Planning Today

At Ezell Law Firm, LLC, we understand that dealing with the complexities of Louisiana’s succession laws can be daunting, so whether you’re facing a straightforward estate distribution or navigating a complex succession, our experienced attorneys are here to provide the guidance and support you need. We’re dedicated to providing personalized, compassionate, and effective legal solutions to help you through this challenging time.

Contact us today to schedule a consultation.