Frequently Asked Questions
about Estate Planning in Louisiana

What is a Succession or Probate?

A Succession is the court supervised process that a surviving spouse or a deceased person's children or relatives must go through when a person passes away with assets in his or her name and have not made legal arrangements to avoid probate. The term Succession is an uniquely Louisiana term which can be correlated with the term "Probate" in other states. Succession proceedings can be expensive and time-consuming. Additionally, the court proceeding and associated documents are all a matter of public record. Many people choose to avoid probate in order to save money, spare their heirs a legal hassle, and keep their personal affairs private.

Does Louisiana require a Succession when the first spouse passes away?

Yes, as a general rule, Louisiana requires a Succession anytime a person passes away with assets in his or her name and have not made legal arrangements to avoid probate. For those individuals who have no will and own property or assets as community property (acquired during the marriage and not part of an inheritance), the surviving spouse will be entitled to the exclusive use and enjoyment of the community property but still must open the Succession proceeding as soon as practicable after the death of the spouse.

What is a Will?

The document a person signs to provide for the orderly disposition of assets after death. Wills do not avoid a Succession. Wills have no legal authority until the willmaker dies and the original will is delivered to the Succession Court. At a minimum, most lawyers advise having at least a will but many individuals find having a Will and Trust fits their situations best in establishing an Estate Plan.

What is a Living Will?

Sometimes called an Advance Medical Directive, a living will allows you to state your wishes in advance regarding what types of medical life support measures you prefer to have, or have withheld/withdrawn if you are in a terminal condition (without reasonable hope of recovery) and cannot express your wishes yourself. Oftentimes a living will is executed along with a Durable Power of Attorney for Health care, which gives someone legal authority to make your health care decisions when you are unable to do so yourself.

What does Intestacy mean?

If you die without even a Will (intestate), the legislature of your state has already determined who will inherit your assets and when they will inherit them. You may not agree with their plan, but roughly 70 percent of Americans currently use it.

What are Beneficiary Designations?

You may avoid probate on the transfer of some assets at your death through the use of beneficiary designations. Laws regarding what assets may be transferred without probate (non-probate transfer laws) vary from state to state. Some common examples include life insurance death benefits and qualified retirement accounts.

What is a Durable Power of Attorney and when do I need one?

These allow you to appoint someone you know and trust to make your personal health care and financial decisions even when you cannot. If you are incapacitated without these legal documents, then you and your family will be involved in a probate proceeding known as a guardianship and conservatorship in some states and curatorship in Louisiana. This is the court proceeding where a judge determines who should make these decisions for you under the ongoing supervision of the court.

What is a Revocable Living Trust?

This is an agreement with three parties: the Trust-makers, the Trustees (or Trust Managers), and the Trust Beneficiaries. For example, a husband and wife may name themselves all three parties to create their trust, manage all the assets transferred to the trust, and have full use and enjoyment of all the trust assets as beneficiaries. Further “back-up” managers can step in under the terms of the trust to manage the assets should the couple become incapacitated or die. Special provisions in the trust also control the management and distribution of assets to heirs in the event of the trustmaker’s death. With proper planning, the couple also can avoid or eliminate death taxes on their estate. The Revocable Living Trust may allow them to accomplish all this outside of any court proceeding.

Who Should Have a Revocable Living Trust?

Whether you are young or old, rich or poor, married or single, if you own titled assets such as a house and want your loved ones to avoid court interference at your death or incapacity, consider a revocable living trust. A trust allows you to bring all of your assets together under one plan.