Step 1: Figure out what type of attorney you need. If you need a business lawyer, it would probably not be best to hire a personal injury lawyer or a divorce lawyer. Does your problem touch on tax, estate planning, or business matters? If so, it would be best to hire a lawyer that concentrates his or her practice in one or all of those areas of the law. Step 2: Obtain a "Short-List" of Lawyers that practice in that area of the law. Potential lawyers that concentrate in your practice area may ... [Continue Reading]
Educational Articles on Estate Planning
Probate in Louisiana and Probate Avoidance
This page is to educate consumers about the probate process in Louisiana and its costs, and the merits of “probate avoidance.” In general, what is Louisiana Probate? Probate is the process whereby the deceased person’s representative asks the Court to formally open a Succession under the name of the deceased person, formally appoint the representative (known as an “Administrator” or “Executor”), and then place ownership of the deceased person’s property into the names of the person or persons ... [Continue Reading]
What Happens if I Die Without a Will in Louisiana, and When do I Absolutely Need An Estate Plan?
In Louisiana, if you die without a Last Will and Testament, the Court through the probate process, is directed to put ownership of your assets in the name(s) of your heirs according to law. Read on for more information about how this happens. But first…. What Property is Subject to Probate? Under Louisiana law, there are classifications of property. The first is “separate property” and the second is “community property” which is owned jointly by husband and wife. Community property is ... [Continue Reading]
A Primer on Louisiana Trusts
What is a Trust? Put simply, a trust is a legal arrangement whereby a one person (the Settlor) puts his or her “stuff” in the trust to be managed by a second person (the Trustee) for the benefit of a third person (the Beneficiary). Importantly, one person can be all of these. In other words, you can wear all three “hats.” You can be the Settlor, and the Trustee and the Beneficiary. Alternatively, more than one person can be each of these. So, for example, two spouses can be the Settlors, ... [Continue Reading]
The Louisiana Affidavit of Small Succession, an Alternative to a Costly Probate Proceeding
I often have clients come into my office asking that a succession be done for the estate of the loved one. But in many cases a simpler and significantly less expensive procedure is available. In 2016, a mom and son (let’s call them Bill and Jill) asked me to draft the succession over the estate of “Jack”, their husband and father. Jack and Jill only had a house, a bank account, and a car. I informed them that I could easily prepare an Affidavit of Small Succession for only $750. This ... [Continue Reading]