Houma Thibodaux Area Succession Lawyer
What is a Succession?
A person’s estate consists of all of the assets and debts owned by the person on his date of death. The Louisiana term for settling an estate is succession. In other states, the process is usually referred to as probate. If a person dies with a will, the will must be presented to a Louisiana court in order to be given effect. In Louisiana, in order to transfer a deceased person’s title to assets to the heirs, it is sometimes necessary to “open the succession” in court. Sometimes the estate is eligible to be transferred without a formal court proceeding.
How Do You Know If You Need to Open a Succession?
The simple answer is that you need to consult with a licensed Louisiana attorney. Whether or not it is recommended that court proceedings be initiated upon death in Louisiana depends upon factors such as whether or not the deceased:
- Owned real estate
- Had more debts than assets
- Had a surviving spouse
- Left a will
- Owned separate property
- Had minor children
- Had stepchildren
- Owned a business
- Had significant expenses of last illness
Any of the above can make it important to file estate administration documents with the court. Only after consultation can a licensed professional make a clear determination of what is in the best interest of survivors. If you have any of the above circumstances, you may need to open a succession and should contact me for a free initial consultation.
How a Lafourche-Terrebonne Inheritance Attorney Can Help
If there is confusion or disagreement in your family about the rights of survivors to the property of the deceased, legal consultation will be helpful. If you are not the only heir of the deceased and no one has contacted you about the estate of the deceased, you may benefit from legal consultation. If the deceased left behind a spouse who is not the natural mother of all of the children of deceased, or if the deceased owned considerable property prior to marriage, it is important to seek legal consultation since community property and separate property of a deceased are treated differently under Louisiana inheritance laws .
For Help with Louisiana Successions, Contact Ann Mallett Barker
If you have had a death in the family, and the deceased had assets or debts in his or her name, you should consult a Louisiana estate administration, probate and succession attorney. For a free consultation and cost estimate, contact me or call me at 985 242-4043.