The state of Louisiana has very strict succession and probate laws, which is why it is important that you are represented by an experienced Louisiana succession law firm. If your loved one has died and you are an heir or legatee, Thornhill Law Firm, A PLC. can represent you during the succession process and protect your rights.
Louisiana Succession Laws
There are two kinds of successions in Louisiana. A testate succession refers to a succession where there is a will and an intestate succession occurs when there is no will.
When drafting a will, the decedent does not have to follow Louisiana’s order of succession, which means that he or she can decide how the property and assets are divided. A person who inherits from a will is called a legatee. The process of filing a will is called the probate of the will. A legatee can petition the court to be placed in possession of the succession property after the will is probated.
When there is no will, then a decedent’s property and assets are divided according to Louisiana’s law of intestate succession, which specifies the order of beneficiaries. Persons that inherit through intestate succession are called heirs.
All property and assets are first divided among immediate family members. Because Louisiana is a community property state, when there is no will widows and widowers are only guaranteed to inherit from the couple’s community property and not the decedent’s separate property and assets acquired before the marriage.
Under Louisiana’s order of succession laws, brothers, sisters, grandparents, nephews, nieces, or other relatives could become heirs to a decedent’s estate if there are no immediate family members.
Some successions are straightforward and can be concluded without administration. For instance, when all legatees agree with the distribution and allocation of the estate, they can take possession of their assets after a judge approves Judgment of Possession.
In many cases, however, administration is required to execute an estate’s succession. A person who was not designated as a legatee or heir may wish to contest the order of succession. A court may need to confirm the executor or administrator of the estate. Assets may have to be liquidated in order for the heirs to receive their shares.
Thornhill Law Firm, For the People
Serving the Metropolitan New Orleans Area and Southern Louisiana since 1978, Thornhill Law Firm, A PLC. represents clients involved in both intestate and estate successions. Many of our Louisiana succession clients live in New Orleans, Slidell, Franklinton, Mandeville, Gretna, Metairie, Pearl River, Kenner, Jefferson, St. Bernard, Covington, Madisonville, or Chalmette.
Seeking Justice for Our Clients
Our New Orleans succession lawyers have the legal experience to help you with even the most complex administrative succession matters. We can also help you contest a will or intestate succession case. Our Louisiana litigation team will fight for your right to inherit.
To schedule your consultation with a Thornhill Law Firm, A PLC. New Orleans, Louisiana succession attorney, call (800) 989-2707 or contact us online.