Take Care of Succession Process
Strong emotions always follow the death of a family member. After a death in the family, dealing with the deceased relative's debts and property (like land, cars, stocks, bonds, mineral interests, etc.) can add stress to an already difficult situation. You need an attorney who can guide you through the important decisions that should be made. Succession law and its practical application are difficult even for trained professionals.
Baton Rouge succession attorney Jennifer Treadway of Treadway Gaudin | Lawyers can assist you in making sense of it all. Our goal is to "take care" of this business as quickly as possible under the circumstances, with the least amount of commotion, inconvenience, and stress.
Understanding and Applying Louisiana Succession Laws
In Louisiana, the process by which property passes from someone who dies (a decedent) to the surviving heirs or other persons is called "Succession." This process is also sometimes called "Probate," the term most often used in other states. The process can be complex and the consequence of doing it incorrectly, or not at all, can be serious. Hiring an experienced attorney to guide you through the process will help bring peace of mind.
Two Kinds of Succession and What They Mean for Estate Administration
There are two general types of succession: Succession Without Administration and Succession With Full Administration. The type of succession depends on the facts of the individual case. If there are no disagreements, complex or thorny problems, and no creditors do not try to force administration, Succession Without Administration is usually preferred. If there are disagreements among potential heirs, or problems with creditors, or if for more technical reasons the estate does not qualify for Succession Without Administration, administration may be necessary. Administration is usually required when:
- There is a question about the validity of the last will and testament The identities of the heirs are unclear or unknown The estate may be insolvent Assets of the estate must be sold to pay creditors
Succession With Full Administration is obviously more complex and consequently, it is also the more expensive. Attorneys' fees, court costs, and other costs of the process will rise dramatically if judicial administration of the estate is necessary.
Whether the succession is with or without administration, at the end of the process a court will grant a Judgment of Possession, which is a formal document proving your status as heir and your right to use and hold the property that was owned by the deceased. Financial institutions, government agencies and title examiners rely upon the Judgment of Possession in dealing with you and the property.
Save Time and Money With a Louisiana Succession Law Firm
Whether the passing of a loved one has resulted in a dispute or financial problems, or whether you just want to confidently handle the routine problems which arise when someone dies, we can help. Treadway Gaudin | Lawyers can help negotiate with creditors and pay the deceased's debts; if necessary, help sell property to pay these debts; help resolve conflicts among heirs or creditors; and help distribute the deceased's money or property.
At Treadway Gaudin | Lawyers, we understand that when a family member passes, you have more on your mind than going to court. We will work hard for you to ensure that the process operates as efficiently as possible. We will also zealously defend your rights and the rights of your heirs under a last will and testament or Louisiana law.
Contact an East Baton Rouge Parish Probate Attorney
If you have a succession dispute, Treadway Gaudin | Lawyers in Baton Rouge can help. We offer flexible payment arrangements. To schedule an initial consultation, contact us online or call 225-366-7030.