FAQ's

Yes, of course. No matter your age, relationship status, or financial position you need a Last Will and Testament. And not just a Last Will and Testament an estate plan. Creating an estate plan will help ensure that your desires and intentions are followed, and that your estate is protected while alive as well as when you have gone.

A successful estate plan for most people need to include:

● Last Will and Testament;
● Durable Power of Attorney;
● Medical Power of Attorney; and
● A Living Will

Yes. There are a number of reasons to have a Last Will and Testament and an estate plan, whether you are rich or not. For instance, you can place provisions to help protect your children in the event you pass away. Also, under Louisiana law if you are married without a will, all your property may not go to your spouse. It is also important to plan ahead as your financial position and family position may change in the future.

Our office has created a process to help our clients write a comprehensive and successful Last Will and Testament that protects their family and assets. We can help you decided whether you need to include guardianship provisions for your kids and/or provide a trust to ensure the safe passage of your assets.

Keep it in a safe place and let a trusted family member or close friend know of its whereabouts so that it can be easily found. It does not need to be recorded.

A power of attorney will last until you revoke the power of attorney or you pass away. Once you pass away, the executor (that you hopefully named in your Last Will and Testament) will be the person in charge of maintaining your estate.

I charge nothing. I encourage all potential clients to complete one when after they hire us or even if they don’t I still offer to consult with them regarding creating a living will.

An attorney can take the time to meet and discuss with you on how to not just achieve yourgoal, and the best way to achieve those goals. What does that mean, well, say you want to leave your property in North Louisiana to your son. Well if your son is young when you pass he may not be ready or mature enough to handle that property - however - an attorney could tell you to put that property in a testamentary trust.

It is the legal process which allows for the transfer of property from the deceased to the heir. Generally, with some exceptions, immovable property (i.e house, land) has to be transferred through the legal process of opening a succession. Additionally, this is the legal process in which the specific bequest of the Last Will and Testament or made.(i.e. Michael is put in possession of the painting, Carlee is put in possession of grandma’s wedding band) However, there are some items like IRA, life insurance, and certain annuities they are passed on outside the legal process of succession or probate. Also, any property that you have been placed in revocable trust, aka living trust, may also be excluded from the Louisiana succession process.

If a valid Last Will and Testament is present the named executor can open the succession, or any lawful heir of the decedent can file a petition to open the succession or probate the will. If there is no Last Will and Testament then any lawful heir can petition the court to open the succession.

Opening a succession or probating a Last Will and Testament is done by filing a petition with the court. Now, what is filed is the next follow up question clients have, and generally speaking you file:

• Petition to Probate the Last Will and Testament (if one exists);
• Petition for Possession
• The Affidavit of Death, Domicile, and Heirship;
• A sworn detailed descriptive list of the property; and
• The Judgment of Possession.

Yes, you can. The property will be disbursed pursuant to Louisiana law. The process of filing the succession is similar to the process if a Last Will and Testament was present, and it will accomplish the same goals such as putting the heirs in possession of the property.

Depending on whether the estate is administered or un-administered a number of things can happen.

• If the succession is a simple Unadministered estate, the documents are filed and presented to the Judge for his approval and signature. Once the Judgment of Possession is signed the heirs, as they would have consented to the distribution as described in the Last Will and Testament, will be placed in possession of the decedent’s property.
• If the succession requires Administration the executor will be put in place and given access to the estate assets/and property to resolve any of the outstanding issues (i.e. locating heirs, resolving claims to the estate made by forced heirs, competing claims by heirs, or resolving creditor debts). Once these issues are resolved the executor will submit a Tableau of Distribution to be reviewed by the Judge.

Yes, any transfer of immovable property (i.e. real estate, land) are usually record in the land records of the appropriate parish clerk of court office.

When all the property is distributed and the Judgment of Possession is signed, or when the Tableau of Distribution is approved and allows the executor to disburse the property.

Successions, like any legal process can or may already be complicated. Our office helps guide you through the process to avoid costly and time wasting mistakes. Having an attorney can help you quickly resolve your loved one’s estate, and avoid costly, unnecessary litigation.