Baton Rouge Successions Lawyer

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After the passing of a loved one, navigating the required legal steps can feel traumatizing and insurmountable. The process of probate and the succession of the individual’s property can be especially difficult. A Baton Rouge successions lawyer can help you complete this process efficiently and correctly. An attorney can help with the proper succession procedures so that you and your family can spend less time in court when you should be grieving your loss.

Succession Attorneys in Baton Rouge

With the personal attention our clients receive, they can be sure that we commit ourselves to protect their rights and interests. Succession has legal requirements that, if not handled properly, could lead to disputes. Clients need successions completed so they can begin to move on.

Our team of attorneys at the Shelby Law Firm prides themselves on being approachable and accessible to each of our valued clients. Our experienced attorneys give us the perspective that allows us to better communicate with all our clients. It also allows us to better serve our clients’ needs by effectively listening to their concerns. From planning an estate to litigating a dispute during succession, we work with our clients to determine their needs and how to best resolve their concerns.

Understanding Succession

Succession is the process of distributing assets, such as real property, accounts, and other personal property after an individual has passed. Most assets that are not included in a trust or do not have set beneficiary designations go through the succession process. Succession also ensures that debts are settled before assets are distributed. This process is also called probate. Succession may follow the wishes of the deceased listed in their last will & testament or may follow intestate succession laws.

If the decedent had a will that is found to be valid, then the executor named in the will is in charge of managing the estate, including following the deceased’s instructions for the distribution of assets. An attorney is helpful in correctly interpreting a will and ensuring the legal processes of succession are followed.

What If There Is No Will?

If the individual died without a will, or there were no valid forms of their will, then their estate becomes intestate. This means that the deceased’s property will follow the state law for inheritance, and if there are no relatives to claim the property, it passes to the state.

If you were married when you passed, then Louisiana intestate laws result in one of the following:

  1. All community property passes to your spouse if you have no living descendants.
  2. Half of community property belongs to your descendants, including children and grandchildren, and the other half belongs to your spouse. The spouse holds a usufruct over the descendants’ community property, which is the right to use without ownership. This usufruct ends if the spouse remarries.

These succession laws only apply to community property, which is the property that belongs to both you and your spouse. Separate property is your own property from prior to marriage or other property exempt from community property rules, meaning your separate property is distributed regardless of your marital status. The individuals who could benefit from the property in your estate are, in order:

  1. Children and grandchildren
  2. Siblings and their descendants
  3. Surviving spouse
  4. Closest collateral relative

When there is no will, the court must also appoint a personal representative for the estate. In many cases, this may be your spouse or another relative. This may or may not be what you want, and the appointed relative may be wholly unprepared for the responsibility. When you create a will, you can name and prepare the individual you select to be your executor. Effective estate planning can prevent your estate from being subject to the length and cost of succession.

Finding the Right Succession Attorneys

At the Shelby Law Firm, we have worked for decades to support our community in Baton Rouge. We understand how difficult it is to manage legal proceedings after the loss of a loved one. As you begin the process of filing for succession, contact our attorneys. We can help you file properly and protect your family’s interests.

Contact Us Today

Call Shelby Law Firm at 225-223-6961 or use our online contact form to schedule a free consultation.