When the Unexpected Becomes Reality Recently, tragedy struck on Interstate 55 near New Orleans. Due to dense fog and limited visibility, at least 168 cars were involved in a massive pile up that left 63 people injured and 8 people dead. Families have been notified, and many, if not most, will have to handle not only overwhelming grief but also the question of “what do we do now?” This devastating accident serves as a stark reminder of the unexpected dangers we may face on the road and the importance of being prepared for the unexpected, not only in terms of road safety but also when it comes t ..read more

Estates include more than just physical assets and financial accounts. Even if you avoid spending time behind your computer screen, you probably still have a virtual footprint. You might have kept family photographs in an iCloud account, managed your business’s social media feed, or invested in Bitcoin or another cryptocurrency. These assets, taken together, could be considered part of your digital estate.  While Louisiana law has yet to account for the diversity of digital holdings, you still have options to protect your digital estate after death. The Digital Estate  You do not nee ..read more

In many cases, debts must be paid before heirs can receive estate property in Louisiana. As an estate administrator or potential heir, you may want to know what debts are paid from a decedent's estate and the order in which they get paid. That way, you can comply with Louisiana law and help minimize stressful and costly creditor disputes.  What Are Estate Debts? Estate debts may include debts the decedent incurred during their lifetime, debts that arose because of the decedent's death, and the estate's administrative expenses. Each succession is unique. Some include more debt and unique c ..read more

All debts must be paid or provided for before assets can be distributed from a Louisiana estate. However, not all debts are the same. Mortgages are different from other types of debts. For example, it may be possible for the estate to pay off a credit card balance but not the outstanding mortgage balance. Louisiana law recognizes this and provides another way for heirs to inherit property without first paying off the mortgage.  The Mortgage Follows the Property Louisiana law allows the heir who inherits mortgaged property to provide for the mortgage. That means, if you agree to take owner ..read more

Once you’ve decided to create an estate plan to ensure that your property is distributed according to your wishes after your death, the plan should provide you with peace of mind and prevent problems for your family. However, you can only achieve these estate planning goals if you avoid mistakes.    12 Estate Planning Mistakes You Want to Avoid While each estate plan is unique, there are some common mistakes most people should avoid, including: Waiting too long to create a will. No one wants to think about dying. Creating a will and a comprehensive estate plan is probably not at th ..read more

Last Will and Testament vs. a Trust: What's the Difference, and Which One Is Right For You? Estate planning is an important part of ensuring that your assets and possessions are distributed according to your wishes after you pass away, and one of the common strategies used is a last will and testament or a trust. While both serve similar purposes, they do have distinct differences which you should be aware of before making a decision. Can Your Heirs Play Nicely Together or Do You Need More Control? Let’s use an analogy to explain the difference between a last will and testament versus a trust ..read more

In Louisiana, succession refers to the process of transferring a deceased person’s assets to their heirs and designated beneficiaries. While succession is sometimes straightforward, making sense of the Bayou State’s legal requirements can pose a significant challenge to otherwise “simple” estates.   Understanding Louisiana Successions Every state has its own estate laws and civil procedures. In Louisiana, “succession” is used to refer to the probate-like process of dissolving a deceased person’s estate. However, Louisiana has a unique history, and its succession practices are unlike ..read more

Louisiana law affords most adult residents the right to make informed decisions about how their assets should be distributed upon their death. However, once a testator passes away, the fate of their estate is no longer in their hands. While the Bayou State’s probate courts do everything in their power to ensure that a decedent’s last wishes are honored, ordinary succession proceedings can be thrust into unexpected jeopardy if critical documents are forged or other heirs misrepresent material facts.  Understanding Fraud and Louisiana Succession Claims The state limits who can challenge the ..read more

An estate plan serves many purposes. For most Louisianans, writing a last will and testament seems among the easiest ways to ensure that their loved ones receive the inheritances they deserve. However, simple as a will may be to write, interpreting a decedent’s intent can pose unexpected challenges—challenges that, in many cases, could complicate an heir’s right to receive estate assets.  Poorly Written Wills Can Risk Entire Inheritances Anybody can write a will. With today’s technology, hundreds of websites offer state-specific templates to create wills, establish trusts, and make the so ..read more

A last will and testament is the deceased’s requirements for distributing their assets after death, a way to provide for loved ones, and a way to establish a long-lasting legacy. However, wills can have inherent shortcomings. While an experienced succession attorney could help ensure that a will complies with state law and complements the testator’s intent, even the most ironclad will could be compromised by forgery.   Louisiana’s Requirements for a Last Will and Testament Louisiana presumes that most adults have the legal capacity to create a will. However, wills must still comply w ..read more