Probate2019-02-04T14:38:15+00:00

Successions

Successions

Losing a loved one is awful – and just as you make it through the funeral, you have to figure out what to do with their things or “settle their estate.” The payment of your loved one’s debts and the transfer of the rights that go along with getting to use and keep your loved one’s things must be formally recognized by the court. In Louisiana this process is called a Succession.

Not all successions are the same; the size of your loved one’s estate, the amount of debt and potential heirs will determine the type of succession you need. This is important because if you pick the wrong law firm, they may not choose the quickest and most cost-effective solution – costing you higher attorney fees, court costs and a longer wait. We will always make sure you are only paying for what you need. Contact us for a free consultation.

Successions Resources

Successions Resources

We promise to settle your loved one’s estate in a way that is as quick and cost-efficient as possible.

FREQUENTLY ASKED QUESTIONS

What does the term succession mean?2019-01-10T17:11:07+00:00

In Louisiana, a succession is the process of settling a deceased person’s estate. This usually includes paying the debts of the deceased and then distributing his or her property to the heirs. This process is also referred to as “probate” in other states.

What is the difference between testate and intestate successions?2019-01-10T17:10:33+00:00

In Louisiana, successions are either testate or intestate. If someone dies with a will their succession will be testate and the will determines how the property is divided. If someone dies without a will, then the succession is intestate and Louisiana law will control which family members will inherit property and in what portion.

What does the term usufruct mean?2019-01-10T17:09:11+00:00

Usufruct refers to the right granted to someone to enjoy the use of another’s property, but without destruction or depletion of the property. You can also refer to the person that has such rights as the usufruct. The naked owner is the person that actually owns the property subject of the usufruct.

How to know if the property is separate or community?2019-01-10T17:08:11+00:00

Generally, separate property includes property that is acquired by each spouse before they are married. It also includes property a spouse may receive during the marriage as inheritance or property designated as a gift given to one spouse; it may also include items purchased with separate funds -with proof the funds are in fact separate. Community property refers to the things acquired by a couple during their marriage.

What is the first thing I should if I lose a loved one?2019-01-10T17:07:16+00:00

Collect and preserve the deceased’s important documents. This includes, determining if there is a will and locating the original. As soon as possible, order multiple copies of his or her death certificate. Collect all current bills, mortgages and any other documents reflecting debts the deceased may have in his or her name. You will also want to collect any documents that serve as proof of property ownership, for example, vehicle title, act of sale, act of donation or act of transfer. Contact the deceased’s banking institutions and advise them of his or her death and document the bank account information including the current balance, names on the account and the account number, if possible.

Next, schedule an appointment with an attorney and bring the above documents to the meeting.

Does all property go through succession?2019-01-10T17:05:53+00:00

No. Property that has a designated beneficiary does not go through succession. This includes, annuities, life insurance proceeds, IRAs and 401(k)s.

What happens when a person dies without a will?2019-01-10T17:04:38+00:00

When a person dies without a will or their will is determined to be invalid, his or her estate passes to the heirs or certain family members by intestate succession. Each state has its own intestate laws, in Louisiana, the following apply:

If you have children, but no spouse, your children will inherit everything in equal portions.

If you have children, siblings and/or parents, but no spouse, your children will inherit everything in equal portions.

If you have a spouse, but no parents, siblings or children, your spouse will inherit everything.

If you have parents, but no spouse, children or siblings, your parents will inherit everything.

If you have siblings, but no spouse, children or parents, your siblings will inherit everything in equal portions.

If you have a spouse and children, your spouse will get usufruct over or the right to use your share of the community property while he or she is alive. Your children will inherit your separate property and your share of community property, subject to your surviving spouse’s right to use it for life.

If you have a spouse and parents, but no children or siblings, your spouse will inherit your community property and your parents will inherit your separate property.

If you have a spouse and siblings, but no children or parents, your spouse will inherit your community property and your siblings will inherit your separate property – divided in equal portions.

If you have siblings and parents, but spouse or children, your siblings will inherit everything but your parents get usufruct over or the right to use your property while they are alive.

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