Shreveport Succession Lawyer

Experienced Probate and Succession Attorney Serving Shreveport, Bossier City, & Beyond

Making sure your property and assets go to the correct people when you pass away can be a painful but necessary part of settling your affairs. When a person passes away, the law dictates how his or her property and assets will be dispersed. As a result, not having a last will in Louisiana could cause a slew of problems for your family. That’s because Louisiana’s laws on how property is to be distributed when a person dies without first having a will in place can be extremely strict. For example, children receive preference over spouses, and in the case of separate property, even grandchildren may have more rights than a husband or wife.

The Greenwald Law Firm handles both major and minor successions across the state of Louisiana, including Bossier City and Shreveport, LA, guiding devastated family and friends through the difficult process of estate inheritance after a loved one’s death. Whether you’re dealing with legal matters related to a succession or preparing for the future, you can be confident that if you choose Joseph Greenwald, Jr. as your Shreveport estate planning and succession attorney, your assets will be properly allocated according to your wishes.

Call Joseph Greenwald, Jr. today at 318-219-7867 to ensure your loved ones are taken care of and your wishes are respected.

What is a Succession in Louisiana?

Probate proceedings in Louisiana are called succession. After debts are paid, it is the process of settling a deceased person’s estate and transferring the remaining property and wealth to those who shall inherit it. The term can also refer to the actual estate that a person leaves behind when they die. Our lawyers frequently represent clients in probate and successions in Louisiana to ensure that our client’s best interests are protected and maintained.

If there are issues in the will, or if the deceased person does not have a sound estate plan, the process can quickly become quite complicated. The following are some of the potential complications that may arise:

• A poorly written document
• Controversy about how a will should be interpreted
• Assets that are challenging to handle or valuate
• Questions regarding a will’s validity
• Issues of forced heirship
• Issues regarding a family-owned company
• Estate tax concerns if the estate is significant

At Greenwald Law Firm, our Shreveport succession lawyer ensures that the process is conducted efficiently and appropriately, advising what an executor of a will can and cannot do to avoid the possibility of them being sued. We also represent heirs of the estate by ensuring that the procedure is carried out correctly. Will and trust conflicts and issues of malfeasance or fraud are among the other types of probate litigation we handle.

Louisiana Succession Laws

There are two types of successions in Louisiana. Testate, where the decedent left a will, or intestate, where there is no will left behind. In a testate succession, the will must be submitted to the appropriate court and the proper party acknowledged as the executor of the estate. The executor is responsible for paying the state’s taxes and distributing the estate’s assets to the heirs on behalf of the state. In an intestate succession, state law specifies who the decedent’s heirs are, and the court must select the competent party to administer the estate, paying the obligations and distributing the assets to the proper heirs.

Louisiana Testate Succession: La.C.C. Art. 874

Under La.C.C. Art. 874, testate succession in Louisiana is based on the will of the deceased, contained in a testament executed in a form prescribed by law.

Louisiana recognizes two forms of last will and testaments:

1. Olographic Testament: An olographic will in Louisiana (sometimes referred to as a “holographic” will) is one that is 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 document. If anything is written by the testator after his signature has been added, however, the testament will not be invalid, but rather the writing may be considered by the court, in its discretion, as part of the testament. 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.
2. Notarial Testament: This is the more common type of testament. The majority of notarial testaments are typed by an attorney. For a notarial testament to be recognized as legally applicable by a judge in the proper state court, rigorous formality standards must be followed. All notarial testaments must be signed and dated in the presence of a notary as well as two witnesses after the testator declares the testament to be their own. The notary and the witnesses must also sign and date the testament. Should the testator be unable to sign the document themselves, other requirements must be met.

Notarial testaments are often more meticulous and preferred by courts than an olographic testament, as they are generally prepared by lawyers skilled in the subtleties of estate planning who use their skills to benefit their clients.

Louisiana Intestate Succession: La.C.C. Art. 880

Under La.C.C. Art. 880, if a person dies without a valid will in place, they are said to have died intestate. Intestate succession means that the assets of the deceased person will be allocated according to Louisiana intestate law.

The assets of a deceased person are distributed to various relatives under Louisiana’s intestate laws, beginning with the children and spouse and extending to additional descendants, ancestors, and descendants of ancestors. Louisiana’s intestate legislation is applied differently depending on whether the decedent’s property belonged to the community or was owned separately, as well as the degree to which each family member was related to the deceased.

Transfer of Property After Death Without Will in Louisiana

Typically, the deceased’s spouse, children, and possibly other relatives, like parents or siblings, may have a claim to the estate depending on the type of property and familial relationship.

The process begins with the appointment of an administrator to handle the estate, who is typically a close family member, such as a surviving spouse or child. From there, the succession process includes identifying and inventorying the deceased’s assets, paying off any outstanding debts, and distributing the property. Louisiana has specific rules regarding the division of property—children usually have priority over spouses in many cases, and in some situations, even grandchildren can inherit more than a surviving spouse, especially if there is separate property involved.

Without a will, the distribution can be complicated and may not reflect the deceased’s true intentions. For this reason, working with an experienced Shreveport succession lawyer like Joey Greenwald is crucial to ensure the estate is properly administered and all legal requirements are met.

Do You Have to Do a Succession in Louisiana?

Louisiana requires a succession to occur when there is no other method to transfer assets. Although heirs may be the “owner” of the decedent’s assets, the state must legally and formally transfer assets with the help of a Louisiana probate attorney.

Succession is also required regardless if someone dies testate or intestate 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.

When successions can’t be avoided, Shreveport estate law attorney Joseph W. Greenwald. Jr. can help clients navigate the process to avoid a contentious struggle on behalf of his clients. Smart estate planning and the proper formation of a legal will are the first steps.

Louisiana Succession Process

The succession process in Louisiana can be complex, especially without a valid will, as the state’s laws of intestate succession come into play. Having experienced legal representation is essential to ensure that the estate is handled properly and in accordance with the law. A knowledgeable attorney can provide valuable advice on how to navigate the various aspects of the succession, such as identifying and inventorying assets, determining heirs, and addressing any debts or claims against the estate.

An attorney can also assist in filing necessary documents with the court and in obtaining any required legal orders, making the succession process smoother for the surviving family members. Whether dealing with a simple or complex estate, having skilled legal support ensures that all legal requirements are met and the estate is distributed appropriately.

Business Successions in Louisiana 

In Louisiana, business succession planning is an essential aspect of ensuring the continued success and stability of a company after the owner’s passing or retirement. Whether its a professional corporation or limited liability companies, or another type of business, having a clear plan in place is crucial. A well-structured succession plan outlines how ownership will transfer, who will take over leadership roles, and how business operations will continue smoothly.

In Louisiana, business and corporate law plays a key role in guiding these transitions, including issues related to corporate reorganizations or business sale transactions. So, whether you’re transferring ownership to a family member, selling the business, or implementing a more complex business succession plan, having legal representation to assist with these processes is essential to navigate the legal challenges involved.

How Much is a Succession in Louisiana?

The cost of succession in Louisiana can range anywhere from a few hundred dollars to a few thousand dollars, as it varies depending on the complexity of the estate and the specific circumstances of the case. Factors that influence the cost include:

• Size and value of the estate
• Whether there are disputes among heirs
• A formal court proceeding is required
• Court fees and attorney fees
• Administrative expenses

It’s best to consult with an experienced succession lawyer in Louisiana to get a more accurate estimate based on the details of your case.

Can You Do Succession Without a Lawyer?

While it is possible to handle a succession without a lawyer, it is highly recommended to seek legal assistance, especially during such a difficult time. The laws surrounding inheritance and property distribution in Louisiana can be intricate, and without qualified legal guidance, you may struggle with the necessary paperwork and miss crucial steps.

If you’re unsure about how to proceed, it’s important to consult a legal professional who can advocate for you and ensure that the estate is administered correctly. Many people rely on their attorneys to help ease the burden of the succession process, and having a lawyer to speak on your behalf can prevent delays and costly mistakes. A legal professional will help to ensure all required documents are filed properly and that the process moves forward without complications.

What To Look For in Your Louisiana Successions Lawyer

Not every attorney deals with legal issues related to succession and probate law on a daily basis. When you’re looking for an attorney to aid in this process, it is crucial to hire one who is qualified and has a legal specialization in successions and estate planning. Experienced attorneys like Joseph Greenwald, who focus on creating effective strategies for families navigating these matters, can help you achieve the best outcome. With a deep understanding of the details involved, they can guide you through the complexities of tax law and how it may apply to your case while working with you to preserve the most value for your family.

Joseph Greenwald’s qualified legal team brings the right resources to the table, ensuring that your succession is handled efficiently. By consulting with one of the best lawyers in this field, you can be confident that your estate will be managed according to your wishes and with the right legal support to ease the process.

Contact an Experienced Shreveport, Louisiana Succession Lawyer at Greenwald Law Firm Today

Losing a loved one is a hard enough experience to go through. You shouldn’t have to struggle through the probate process in addition to that. At the Greenwald Law Firm, serving the Shreveport and Bossier City areas, we are committed to helping you navigate succession and probate issues, ensuring that your loved one’s estate is administered properly.

Our experienced North Louisiana successions attorney will guide you through the legal process to protect you and your family’s interests and properly transfer real estate titles, distribute property, and settle any debts. By partnering with our team, you can develop a clear strategy for the future and accomplish all of your estate planning goals. In addition to succession, probate, and estate planning services, we can also assist in other areas of your life, with experience in personal injury, criminal law, and other practice areas.

Don’t wait until the process becomes overwhelming—call our office today to schedule a free consultation and receive dedicated guidance as early as possible to ensure your loved one’s wishes are respected.

Call the Greenwald Law Firm today at (318) 219-7867 or reach out online for a free consultation regarding your living will or probate wishes.