SHREVEPORT SUCCESSION LAWYER
Dealing with estate successions and last wills and testaments can be a painful but necessary part of settling final affairs. Let an experienced succession lawyer guide you through this delicate process, call Joseph Greenwald, Jr. today.
SUCCESSION LAWYER JOSEPH GREENWALD SHREVEPORT BOSSIER
Succession Lawyer Shreveport, LA
Greenwald Law handles large and small successions throughout Louisiana, helping bereaved family and friends through the sensitive process of estate inheritance, following the loss of a loved one.
What is a Succession?
A succession is the right by which an heir or legatee can take possession of the decedent’s estate, transmitting the estate of the deceased to his or her successors. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of law. La.C.C. Art. 871.
Louisiana Succession: La.C.C. Art. 873
Louisiana recognizes two types of Successions: Testate (Will) or Intestate (Without Will).
Louisiana Testate Succession: La.C.C. Art. 874
Testate succession results from the will of the deceased, contained in a testament executed in a form prescribed by law.
Louisiana Recognizes Two Forms of Testaments:
- Olographic Testament: An olographic testament is one entirely written, dated, and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. If anything is written by the testator after his signature, the testament shall not be invalid and such writing may be considered by the court, in its discretion, as part of the testament. The olographic testament is subject to no other requirement as to form. The date is sufficiently indicated if the day, month, and year are reasonably ascertainable from information in the testament, as clarified by extrinsic evidence, if necessary.
- Notarial Testament: A notarial testament is one that is executed in accordance with formalities of Articles 1577 through 1580.1
Louisiana Intestate Succession: La.C.C. Art. 880
In the absence of valid testamentary disposition, the undisposed property of the deceased devolves by operation of law in favor of his descendants, ascendants, and collaterals, by blood or by adoption, and in favor of his spouse not judicially separated from him, in the order provided in and according to the following articles.
Do You Need a Succession Lawyer?
Louisiana requires a succession when there is no other method to transfer assets. Although heirs may be the “owner” or the decedent’s assets, a succession is required to formally transfer assets.
A succession is required regardless if someone dies testate (with a will) or intestate (without a will), unless all assets can be transferred via other means.
The typical method for avoiding probate for non-beneficiary designated assets is by establishing a revocable trust (or living trust).
What Information Does a Succession Lawyer Need From You?
During the consultation process, we’ll provide you with a list of what information you’ll need to complete the Succession. This will vary, depending on that the deceased owned, the heirs, and a host of other factors.
To begin, you can expect to provide the following information:
- The names and addresses of all individuals involved in the Succession.
- A complete listing of the assets the deceased owned. This includes real estate, brokerage account statements, bank statements, vehicle titles, etc.
- A complete list of all debts the deceased may have owed. This includes credit card balances, mortgages, etc.
- The signed Last Will and Testament. The original Will must be filed with the courthouse.
Shreveport Succession Lawyer
Not every attorney practices Succession and Probate law on a daily basis. When you’re looking for a succession attorney, make sure you hire one who has significant legal experience handling Successions.
Seasoned succession attorneys understand the complex tax consequences that come with Successions and can help you determine the path that’s both the easiest for you and preserves the most value for your family.
Losing a loved one is hard enough to go through. You shouldn’t have to struggle through the probate process alone. Our experienced succession attorney will guide you through the legal process to administer your loved one’s estate. This process can involve transferring real estate titles, distributing property, and settling debts, if needed. Call Greenwald Law Firm today for a free consultation regarding your living will or probate wishes.