Successions

A Succession is the court-supervised process of transferring a deceased person’s assets to his heirs. As an executor or an heir, you need prompt, expert legal services to assist you through the Louisiana Succession and estate administration process.

Utilizing the attorneys and staff of Poche’ Estate Planning Law Firm, you and your family will enjoy many of the benefits of our estate administration legal services, including:

  • Immediate access to attorneys and staff by email, telephone, or in our office, to discuss your specific concerns and develop a written plan to complete all matters related to a Louisiana Succession;
  • A no-cost initial visit in our easy-to- find, easy-to- park, comfortable offices to get educated about the estate administration process;
  • Signing all of the necessary Louisiana Succession pleadings at your very first meeting so that an executor or administrator can quickly be appointed – expediting the estate administration process;
  • Obtaining a written customized Louisiana Succession plan of action which shows you how all of your specific Succession concerns will be addressed, along with a checklist which you can follow as we proceed through this process;
  • Constant updates and communication with our office so that you always know the current status of your Succession;
  • All legal services performed for a fixed fee put in writing. We will NEVER ask you to pay more than what is stated in our written fee agreement, no matter what it takes!
  • Unlimited email, telephone, and office conferences at no additional cost. Easy access to the attorneys and staff who are trained in the area of Louisiana Succession law.
  • We file and record all necessary Succession pleadings at the courthouse and work with all judges’ offices and courthouse employees to ensure that your matter moves through the system quickly – you never have to go to the courthouse.

What’s the difference between a Succession and Probate?

Really, nothing. In Louisiana (where our laws are different from the laws of the other 49 states), the court proceeding is called a Succession. In all of the other states, it’s commonly referred to as a Probate. When we work with clients when a Louisiana resident dies, it is called a “Succession.” If a client owns real estate outside of Louisiana, we will refer to the process as “Probate.” In Louisiana, both terms are acceptable.

Which Families Must Complete a Succession?

Anytime a Louisiana resident (or “domiciliary”) dies, owning assets, a Succession is required to oversee the management and distribution of the assets to the appropriate heirs. Some people mistakenly believe that if one dies with a Last Will and Testament, that the Succession is avoided. Unfortunately, those people are wrong. When a Louisiana resident dies with a Last Will and Testament, a Succession is still required. The Will simply names an executor who is in charge of seeing that the court-supervised Succession is handled the right way. The Will also tells a judge whom to distribute the remaining Succession assets to at the conclusion of the Succession proceeding.

What is the Louisiana Small Succession Affidavit Procedure?

A simpler procedure may be allowed if a Louisiana resident dies and all of the following occur:

  • The gross estate of the deceased is less than $75,000; and
  • The deceased did not own real estate; and
  • The deceased did not have a Last Will and Testament.

Other requirements apply but if all of the requirements are met, the family does not have to go through the full-blown Succession judicial proceedings, but the family will still likely have to hire an attorney to deal with the complexities of the Small Succession Affidavit procedure.

Do All of the Assets Have To Be Involved in the Succession Judicial Proceeding?

Not necessarily. Many people own “non-probate” assets. There are assets that are titled in a way so that they pass to others at death without the requirement of Succession court orders. Otherwise known as “designated beneficiary assets,” if you own life insurance, annuities, IRAs, 401(k)s, etc., these assets pass to others at death without the requirement of Succession proceedings.

What Information Do You Need To Gather To Complete a Succession?

Poche’ Estate Planning Law Firm will give you a list of what information you need to gather to complete the Succession. The information that you need to supply depends on what the deceased owned, who the heirs are, and other factors. But, at a minimum, you can expect to have to provide the names and addresses of all of the parties involved in the Succession, including all of the heirs and any creditors that are owed; a complete listing of all assets the deceased owned, including real estate legal descriptions, brokerage account statements, bank statements, and boat and vehicle titles; a complete listing of all debts of the deceased, including mortgages, credit card balances, and any other indebtedness; and the original, signed Last Will and Testament (not a photocopy) to be filed into the Succession record at the courthouse.

What Kind of Attorney Should You Hire To Help You Navigate the Succession Process To Avoid As Many Problems As Possible?

Not every attorney is well-versed in the intricacies of Louisiana Succession and Probate law. Many attorneys spend their days and their careers dealing with car accidents, truck accidents, divorces, immigration law, criminal law, corporate law, or any of the many other legal fields. Unlike the legal estate planning attorneys at Poche’ Estate Planning Law Firm, most lawyers don’t deal with Succession law every day. At a minimum, you should hire an estate planning attorney that: has significant experience handling Succession legal matters; will listen to your needs; will determine the simplest path to complete all matters related to the Succession, and then provide you with a fixed fee amount, in writing, for the services to be performed; will provide transparency of Succession costs at your initial visit; and is recommended by testimonial letters written by hundreds of previously satisfied clients, glowing about the attorney’s professionalism, courteousness, and promptness.

Contact Our Estate Planning Attorneys Today

When it comes to issues of estate planning, there is no better time to begin than now. The future is always uncertain, and you want to know that your loved ones will be cared for and that your final wishes will be honored. Our firm offers a free initial consultation, where we can help you determine what your estate planning checklist should contain.

Our services are tailored to your individual needs, whether you need a simple will or a variety of trusts.

Please contact our law firm now to get started. We are ready to help with all of your estate planning needs.

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