Wills & Succession

When Is Probate Necessary In Louisiana?

If someone you know dies in Louisiana, you may have to help settle their estate. This process is called “succession” in Louisiana. Depending on the specifics of the deceased’s person’s estate, this could be a simple process or a long, drawn-out ordeal. Either way, working with a succession attorney is the best way to make sure everything goes smoothly.

What Factors Might Cause A Delay Or Halt A Succession?

Most Louisiana successions proceed with little or no difficulty. However, there are two main reasons successions get delayed or halted:

• The lawyer is stuck. When money has been tied up in an estate for an extended period of time because the original lawyer doesn’t know how to get the case moving again, our team at the Gennusa Firm can take over and find a resolution for you.
• There is a problem with a family member. An uncooperative or aggressive family member can cause significant difficulties during the estate settlement process, but our experienced team can step in and help you protect your legal rights.

When there is a problem, you need an experienced attorney. At the Gennusa Firm, we have handled hundreds of estates in Louisiana, so there are very few situations we haven’t already seen. As such, we are prepared to help you get out from under any roadblock you may be facing.

Does Each Heir Need Their Own Succession Attorney?

The law states that any interested party can file a succession claim. However, if you think there may be issues or believe a family member may be difficult, each heir may want to get their own attorney.

What Happens To Trust Property In A Louisiana Succession?

Trust property may need to be sold, it may need to be transferred to a new owner, or it may need to be held by the Trust. It’s important to hire an experienced Succession attorney to review the facts of your case and help guide you through it.

What Happens If A Testamentary Trust Is Disputed?

If a testamentary trust is disputed, what happens depends on the language of the Trust document. Sometimes there are “No Contest” provisions in the Trust, and sometimes there are conditions that must be met for someone to receive property. If a trust is being disputed, you should immediately contact a succession attorney to protect your legal rights.

What Is A Lapsed Legacy?

If your loved one created a will to provide property to specific heirs, the distribution of property from the estate to an heir is known as a “legacy” in Louisiana. Sometimes, however, things don’t go according to the plan created in the will, and a legacy can’t be fulfilled.

According to Louisiana law, a legacy lapses when:

• The person who was going to inherit the property (the legatee) dies before the person who created the will (the testator).
• The legatee is legally incapable of receiving the legacy of real estate or personal property when the testator dies.
• The legacy is subject to a specific condition, and that condition cannot be fulfilled, or the legatee dies before the condition is fulfilled.
• The legatee is declared an unworthy heir.
  • An unworthy heir is one who intentionally killed or attempted to kill the testator. Before a person can be declared an unworthy heir, someone who shares succession rights with the potential unworthy heir must raise the issue with the court and have the heir declared unworthy.
• The legacy is renounced. In this case, the legacy only lapses to the extent of the renunciation.
• The legacy is declared invalid by the court.
• The legacy is declared null because, for example, the testator included the legacy because of fraud, duress, or undue influence.

What Happens If A Legacy Lapses?

If a legacy lapses, the scenario often becomes complicated, but an heir will inherit the property. An experienced Louisiana succession attorney will review all aspects of your loved one’s will and ensure the property is distributed according to the will’s terms and Louisiana law if a legacy lapses.

Do We Need A Louisiana Succession Attorney, Or Can We Handle This On Our Own?

You can handle the succession on your own, but the law is always changing, and you may not follow the law correctly and do something wrong that could jeopardize the entire estate. Hiring an experienced Louisiana succession attorney can help save you and your family stress and unnecessary expenses as you protect your loved one’s estate. We will help to make this process as quick and easy as possible. To schedule a consultation to learn more about how we can help you, contact us today. For more information on Succession Issues In Louisiana, a free initial consultation is your next best step.