Baton Rouge Succession Lawyer

Baton Rouge Succession Attorney

The process of handling a decedent’s estate and distributing their assets is referred to as probate in most other states. Their civil law is based on the British Common Law, but here in Louisiana, we have more influence from other parts of Europe, particularly France and Spain, and probate is referred to as succession. However, there are other differences that make the process unique. That’s part of what makes a Baton Rouge succession lawyer critical for families going through succession.

Our team at the Rowe & Manning Law Firm LLC understands the unique elements of succession law in Louisiana. We have experience dealing with complex succession issues and understand how to develop creative solutions.

Importantly, we also recognize how these are often difficult times for families as they process the passing of their loved one. We are sensitive to those elements as well, and we can help families avoid some of the common problems in the succession process.

Succession

At the Rowe & Manning Law Firm LLC, our respected team of attorneys can guide you through every step of estate planning and the succession process for the orderly dispensation of an estate.

We have built a reputation for trustworthiness and loyalty to our clients throughout Baton Rouge and the surrounding communities. We can give you honest answers and efficient, creative solutions to your concerns over property at the time of your eventual passing.

The Louisiana Difference

Louisiana has a unique legal system with roots in the civil codes of mainland Europe. Under our system, succession is the term used to describe how heirs to an estate receive the property, assets, money or businesses of a deceased relative or friend. In other jurisdictions, this process is termed probate, but here in Louisiana, we sometimes do things differently.

Succession of ownership, succession of title, succession planning, contests and disputes involving executors and estate administrators are among the concerns of our clients. When someone dies, the law requires that important steps must be taken to ensure that their wishes about assets, including businesses or property, are followed. Children, relatives, other heirs and creditors may have to be notified. An experienced succession law attorney can satisfy the legal requirements of succession and can help represent your interests, reducing the chance that an administrative error or deficiency in procedure will make ownership or operation of a property or business more difficult or impossible in the future.

Is it possible to avoid the succession process? Learn more.

Intestate Succession

The details of the succession process will depend on whether the decedent left a valid Will. With no will, intestate succession will occur. This means that their assets will be distributed to certain family members as outlined in the law. The absence of a will can lead to more disputes between family members, and the succession process may be especially difficult.

What a Baton Rouge Succession Lawyer May Be Able to Help With

There’s a wide range of potential issues and concerns that could come up during the succession process, but working with an experienced lawyer may be able to help mitigate many of them.

Succession is unfamiliar to most people, and it can often be complicated. A designated person is responsible for executing the will or following the steps involved in succession. However, because of their unfamiliarity, it’s easy to make mistakes and potentially cause unnecessary delays. An experienced lawyer, though, can serve as a guide throughout the process.

There’s a proper order for the steps involved in succession, and a lawyer can help ensure that these steps are followed correctly before moving on to the next phase. They can help the executor understand what’s required of them in each phase of succession and when it’s appropriate to move on. This can often prevent many potential issues that arise from inexperience.

A lawyer may also be able to help with many of the critical functions involved in estate administration. There are often debts that may need to be settled, accounting that needs to be administered, and assets to be distributed. A lawyer can help oversee these tasks and see that they meet the expectations of the courts.

There may also be wills, trusts, or other legal documents involved that express the wishes of the deceased. Because these are legal documents and are written to meet certain standards, they can often be complicated and challenging to understand. Having a lawyer present can help with seeing that these documents are interpreted properly, which helps ensure that the estate is handled according to the wishes of the deceased.

FAQs

Do I Need To Do A Succession?

Louisiana has very strict laws dictating what happens to a person’s property upon his or her death. Succession is a process through which a deceased person’s estate is settled. It involves gathering all the person’s assets, paying off debts and liabilities, and distributing the remaining property to any beneficiaries.

Q: How Long Will Succession Take?

A: How long succession will take is a product of several different factors. The presence of a will and other estate planning documents, for instance, can often streamline the process. However, if an estate is complex, it can take longer to work through the accounting and distribution of the assets. One of the most impactful aspects is whether or not there is any contention between heirs and beneficiaries. This kind of conflict can often drag the process out as well.

Still, even a simpler succession process could last several months, whereas those involving disputes and other complications can last for years.

Q: How Soon After Someone’s Death Must Succession Begin?

A: The point at which succession must begin after someone’s death is not strictly outlined in the law. However, it’s a process that should generally be started sooner rather than later. There may be various legal obligations that will need to be met throughout the process, and beginning as soon as feasible ensures that there will be enough time to meet these obligations.

Additionally, the sooner the succession procedures begin, the sooner the assets can be distributed to the heirs and beneficiaries of the estate.

Q: Can We Avoid Going Through Succession?

A: You often cannot avoid going through succession. While there may be some alternative measures available to smaller estates, many estates will not qualify. Generally, the law makes it very difficult for anyone to avoid succession. However, a trust can bypass the process.

Also, some steps can be taken to make the process easier on those involved. Firstly, if a solid estate plan is in place before someone’s death, this can help things go more smoothly. During the succession process, it can be especially helpful to work with an experienced lawyer, who can ensure that the procedures involved are followed correctly.

Q: Is a Baton Rouge Successions Lawyer Required for Succession?

A: A Baton Rouge succession lawyer is not legally required for succession, but it is unwise not to work with a lawyer. Succession is a complicated process, particularly in Louisiana. A succession lawyer will have experience with the process and understand the nuances involved.

They also will be able to help families recognize and avoid some of the common pitfalls of succession. If you want succession to go more smoothly and efficiently, a lawyer is a vital part of the process.

Don’t Let The State Decide What Happens To Your Assets

Knowing that succession is virtually inevitable, it is wise to develop an estate plan that minimizes the government’s involvement in your personal affairs. Without any will or trust in place, your assets will be distributed according to state law, with no regard for your personal wishes. At the Rowe & Manning Law Firm LLC, we can empower you to make decisions for your loved ones.

If you are planning for your own future, there are steps you can take to make the process easier for the loved ones you leave behind. Using a variety of estate planning tools such as wills and trusts, we will help you create a plan that meets your goals and protects the interests of your loved ones.

Find Out How We Can Help You

Even in ideal circumstances, succession can be a lengthy, arduous process. For families that are often still grieving the loss of their loved one, the stress and frustrations of the situation can be amplified. It’s easy for this dynamic to turn succession into a frustrating, stressful, and possibly contentious process. The right assistance, however, could help it go more smoothly.

At the Rowe & Manning Law Firm LLC, we can help families avoid some of the common difficulties that come up during succession. We can ensure that proper procedure is being followed and that the critical aspects of succession are meeting the expectations of the law. We may even help avoid some conflicts and disputes before they can disrupt the process.

We want to answer your questions and get things moving as quickly and efficiently as possible while remembering to pay our respects to the deceased. We will listen to you about the interests involved and provide you with discreet and honest legal advice.

To find out how we can guide you through succession as painlessly and successfully as possible, please contact us to arrange a confidential consultation at your earliest convenience. You may send us an email using our contact form or call 225-293-8787. We answer our phones promptly so you can count on service when you need it.