Gonzales Successions Lawyer

Gonzales Successions Attorney

Succession is the process of settling and distributing someone’s estate; it is overseen by the court. In other states, this is called probate. Louisiana has several unique requirements in the succession process compared to other states, and this can make it much more complex to navigate. A Gonzales successions lawyer is an essential ally during this difficult time, helping an executor, appointed administrator, heir, or beneficiary navigate the succession process.

A person’s estate is the personal property, assets, and debts that they own. Succession inventories all these things, pays off debts and taxes, and disperses assets to other individuals. These may be beneficiaries named in a will or trust, or heirs under state law. This is a necessary process, but must be handled at a very hard time in a family’s life. Legal support can help immensely. If you are also thinking about planning for the future, working with a trusted Gonzales estate planning attorney can help make sure your wishes are clearly documented and protected.

At Rowe & Manning Law Firm LLC, we can help you navigate the succession process and provide compassionate and straightforward legal advice relevant to your situation. We are sensitive to this difficult situation and use our years of experience to help you manage this process successfully.

Understanding Succession

Nearly every estate must go through succession after someone’s death. Some estates can keep most or all of their assets from succession by using effective estate planning strategies, but the estate planning documents may still need to be validated by the succession court. Most estates must pass through succession in their entirety, although some estates may be able to apply for simplified types of succession.

Succession should be filed quickly after someone’s death. The process of succession typically includes:

1. Filing the petition for succession and submitting any estate planning documents;
2. Court validation of the will or other estate planning documents;
3. Appointment of the executor named in the will or an administrator named by the court;
4. Assessing and inventorying the assets and debts in the estate;
5. Giving notice to heirs, beneficiaries, and creditors;
6. Paying off the estate’s debts and taxes;
7. Distributing the remaining assets to the beneficiaries named in the will or the heirs according to state law; and
8. Informing the succession court of the process and closing the estate.

Successions in Gonzales are managed by the 23rd Judicial District Court (JDC). The 23rd JDC serves Ascension, Assumption, and St. James Parishes. If a person resided in or died in these parishes, succession for their estate could be filed with the 23rd JDC. The Ascension Parish Courthouse can be found at 607 E. Worthey Street in Gonzales.

An experienced successions attorney can help individuals and families with this process. There are many unique situations that can change the succession process, and a knowledgeable attorney can help you navigate this. Whether you are an executor who needs legal support or an heir who believes their interests are not being upheld by an executor, an attorney can represent you and look out for your future.

Succession if There Is No Will

Many individuals die without having a will or comprehensive estate plan in place. Approximately 55% of Americans have no estate planning documents at all, and only 24% state that they have a will. If someone dies without any estate plan in place, it significantly affects the succession process.

When someone dies without a will, it is called dying intestate. Intestate succession follows the same steps as testate succession but distributes assets based on state law. The court will also appoint an administrator to manage the estate. Because a loved one has not clearly stated how they want their assets distributed, it can result in many more disputes between their loved ones.

What Complicates Succession?

There are many things that can complicate the process of succession on top of its existing complex legal requirements, including heirs or creditors contesting the will and disputes between heirs about how to divide assets. Complications also arise when there is no will, or the estate’s assets are numerous, complex, or of high value.

The complexity of the will can also complicate the process, especially if the will is vague or complex, as well as if there are numerous creditor claims or when some of the assets are co-owned by other parties.

An estate planning checklist can help the succession process go more smoothly, but only if it is done right and is legally enforceable. Some estate plans can avoid succession altogether. When you create your estate plan, it is important to do so with an experienced attorney to protect your family’s interests and give yourself peace of mind.

FAQs About Gonzales,LA Successions Law

Do You Need an Attorney for a Succession in Louisiana?

It is very helpful to work with an attorney for succession in Louisiana. While it is possible to navigate the process without one, it is not advisable and can result in a long and costly process and even potentially risk personal liability. The succession process is complicated, and the state laws are unique compared to other probate processes. When you work with an attorney, they have substantial experience and can determine how the law applies to your situation.

How Much Does It Cost to Do a Succession in Louisiana?

The cost of succession in Louisiana depends on the type of succession, the complexity of the estate, and other factors. Some costs to consider are court and filing fees, attorney costs, and whether professionals are needed for asset evaluation. If there are disputes between family members, the process takes longer and is more expensive.

How Do You Challenge a Succession in Louisiana?

You can challenge a succession in Louisiana if you have an interest in the estate. Challenging can take different forms. An intestate heir may challenge a will that disinherits them if they believe the will is fraudulent or the deceased did not have the capacity to create the will. Succession can also be challenged if the executor or appointed administrator is not acting in the interests of the heirs or is acting in bad faith.

How Long Does a Simple Succession Take in Louisiana?

The time it takes to manage a simple succession in Louisiana varies significantly. A succession may take longer if there is no will, no estate planning documents, or if parties contest the validity of these documents. A higher-valued estate will also take longer to settle as there are more assets to assess and divide. Any other disputes, issues, or conflicts can lengthen the process. The type of succession also impacts the length of time it takes.

Easing the Process of Succession

If you have any questions about the succession process and how our firm can help you navigate it, contact Rowe & Manning Law Firm LLC today.