Do You Need a Lawyer to File a Succession in Louisiana?

“Do you need a lawyer to file a succession in Louisiana?” is a common question to ask after a loved one passes away. Legally, no, an attorney is not required. However, the mental and emotional drawbacks of working without legal help can be extreme. A succession lawyer can also point you towards smart strategies that can minimize your overall expenses.

Experienced Succession Attorney in Louisiana

Goode Tax and Estate Planning Law Group, LLC, only practices estate law in Louisiana. This gives us more time to concentrate on creating thorough estate plans and helping clients through succession.

Louisiana has many unique laws that make succession different here than in every other state. Our board certification in estate planning law means we have a deep understanding of these differences, which we use to your advantage.

What Is Succession?

Succession is a term that refers to transferring the assets and property of a deceased person to their beneficiaries.

There were 57,521 deaths in Louisiana in 2021, with a death rate of 1,244. If these deceased individuals had any assets, their estate would need to go through succession.

Succession is usually managed through a will. The will includes directions about how the process should be carried out. Trusts can also be used to skip parts of succession.

If the deceased person, referred to as the decedent, doesn’t have a will, a different set of rules is followed. This is known as intestate succession because they died without a last will and testament.

When a Lawyer Is Needed for Succession

In certain situations, a lawyer is all but required. Some of the most frequent issues in succession include:

• Real estate. In Louisiana, this is considered immovable property. There’s a detailed procedure that must be followed for this property to be transferred, which is different from other forms of property.
• High-value estates. There is a threshold for smaller estates. If an estate qualifies, a Small Succession Affidavit could be used to move the process along. This does not apply to higher-value estates.
• Heir disagreements. If an heir thinks the testator meant to give them more, they can challenge the will in court. This type of dispute takes evidence and hearings to resolve.
• There’s no will. Most of the time, the court favors spouses and children in asset division. Without a will, there’s little room to challenge their decisions.
• Debts and taxes. Any debts need to be paid during succession. It could be even more complicated if there was a mortgage involved. This must happen before assets are distributed and the estate is closed.

Succession lawyers can help you resolve these types of issues. They can provide counsel, fill out and file documents, and represent you in court.

Why Hire a Succession Lawyer?

A succession lawyer’s involvement in the process varies depending on the details of your case. They are typically brought in after someone dies.

An attorney’s work largely depends on whether or not the decedent left a will. The process is normally simpler with a will, but not if someone challenges it.

Challenges involve a separate legal process that strongly benefits from legal representation. An attorney can make sure the will is interpreted according to the deceased’s wishes.

If the decedent did not leave a will, an attorney might represent a loved one in court. A lawyer may be able to help them become the executor of the estate.

In any case, an attorney can help with finding assets that were not included in the will. There are some assets that are often forgotten about, like life insurance policies.

Other assets need to be appraised to determine their estimated value. Experience in tax law is also needed to make sure no one is stuck with an excessive tax bill once the property is transferred. An attorney can also help you move through the courts faster due to the sheer volume of paperwork involved.

Why Choose Us?

Very few attorneys in Louisiana carry board certification in both tax law and estate planning and administration. At Goode Tax and Estate Planning Law Group, LLC, our founding attorney has both. What’s more, he also boasts multiple Super Lawyers awards and an AV Preeminent peer review rating.

Our thorough knowledge and extensive experience allow us to provide clients with the guidance, counsel, and representation they need during succession.

FAQs

Is Hiring a Lawyer Required to Open a Succession in Louisiana?

Hiring a lawyer is not required to open a succession in Louisiana. However, it’s not wise to do it yourself. Most people don’t know how to properly administer an estate, leading to many missing pieces. This can lead to rejection from the courts. Working with an attorney can save you considerable time and stress.

Are There Different Rules for Testate and Intestate Succession?

There are different rules for testate and intestate succession. Intestate succession is managed by the state’s rules. In testate succession, the rules are set by the will the decedent left behind. Testate succession allows for greater control because the decedent directly influences where the assets go.

What Documents Are Needed to Open a Succession?

The documents needed to open a succession are numerous. Two of the most important are the death certificate and the will. After these are secured, a list needs to be compiled of all the assets and debts the decedent had. Depending on the types of assets they had, more documents might be needed.

What if Family Members Disagree on How the Estate Should Be Handled?

If family members disagree on how the estate should be handled, they can challenge the will. This might require a court hearing to resolve their dispute. There is the potential to handle it through a form of alternative dispute resolution called mediation. An attorney can help work through challenges to prevent serious issues.

Contact Goode Tax and Estate Planning Law Group, LLC

Without legal counsel, succession can be incredibly difficult. Our team can take care of all the complex legal details to ease your stress. For more information on how we can address your succession needs, schedule a consultation with Goode Tax and Estate Planning Law Group, LLC.