A succession, referred to as probate in states other than Louisiana, is the process of distributing your loved one’s estate to the rightful heirs in accordance with their wishes. This process includes inventorying the assets and negotiating to settle outstanding debts, and determining who are the beneficiaries of the estate’s assets.
Frequently Asked Questions
What types of assets can be passed down through a succession?
There are many different types of assets that could be passed on through the succession process. These assets may include, but are not limited to:
- Real estate
- Brokerage accounts
- Bank accounts
- Boats and vehicles
What complicated parts of the succession process can we help with?
Your attorney can help you with the following issues and questions that may arise during the case:
- Finding and distributing assets
- Negotiating and settling with creditors and paying taxes
- Dealing with beneficiary rights and contested wills
- Notifying beneficiaries
What if two or more parties are fighting during the succession process?
A contested succession refers to the process where one of the heirs contests the amount of money or property outlined in the deceased individual’s estate. Some scenarios in which there is a contested intestate succession include:
- When there are competing administrators (for example, two grown siblings fighting over who should be appointed the administrator)
- When an heir doesn’t trust the appointed administrator’s actions with respect to administering the estate (there are ways we can keep an administrator honest and hold them accountable)
- When an heir disputes the amount of inheritance he/she believes he/she is entitled to under the laws of intestacy
In any of these cases, it would be helpful to have a dedicated successions attorney by your side.
How long do I have to file a succession in Louisiana?
You do not have to file a succession as soon as your loved one dies. However, waiting too long complicates matters. Money may be spent, property may deteriorate, and bank accounts and insurance policies might be more difficult to find. We recommend going through this process soon after your loved one has passed, and we are determined to work to make the process as quick and as painless for you as possible.
What is a will?
A will is simply a legal document that allows someone to appoint an executor to administer their estate and choose the beneficiaries of their estate.
Can you help me set up my will?
Yes, our Basic Starter Will service is geared towards couples or individuals who need help crafting various legal documents that explain your wishes regarding your assets and beneficiaries if you become incapacitated and after you die.
What documents are included in your Basic Starter Will service?
The service includes completion and notarization of the following documents:
- Living Wills (Advanced Directives)
- Medical Powers of Attorney (Healthcare Proxies)
- Powers of Attorney
”Frank Lagarde and his associates are by far the most capable lawyers I have ever used. Preparing a Last Will and Testament is never an easy thing to do, but Amanda put my mind at ease with her knowledge and professionalism. Her responsiveness and thorough explanations to all of my questions, no matter how insignificant, made the process smooth and easy. I will definitely use them again for all of my legal needs.Stacey Markham