Alexandria Successions Attorney Helps Families Settle Estates
Dealing with inheritance and distribution of property in Louisiana
When someone dies in Louisiana, their estate passes through a process called “succession.” Succession includes both the process that other states call “probate” when there is a will and the distribution of the estate when the deceased person (decedent) died without a will (died intestate). The Law Office of Koby D. Boyett helps families in the Alexandria area as they deal with the succession of their loved one’s estate. Our firm helps families who are dealing with large estates, large debts and everything in between. Whether your loved one died with or without a will, Attorney Koby D. Boyett will help you understand your rights and the inheritance process.
Succession in Louisiana: who gets what?
Louisiana has very specific succession rules. During an intestate succession, the law governs exactly where all of the property will go. Property can pass to a surviving spouse, surviving children, surviving parents or nearly any other relative if no close relatives are left. If no relatives can be found, property may pass (escheat) to the state. When the decedent is married, their spouse may be entitled to usufruct (use, but not ownership) of some of the property, which passes to the children after the surviving spouse dies or remarries. Louisiana succession rules are detailed enough to handle almost any situation. This means they can be quite complicated, and apply differently in each case. Mr. Boyett helps clients through the succession process and explains how state law applies in your particular situation.
The effects of a will on Louisiana successions
To avoid the complicated and potentially unwanted results of the intestate succession process, many people create a will. A will allows a person to decide where their money goes and how it will be split with some exceptions, such as forced heirship. Louisiana does not allow parents to disinherit children under 24 years old. Certain disabled children may not be disinherited even if they are older than 24. In order to disinherit a child, a parent must provide just cause for doing so in the will. Mr. Boyett assists families in the will probate process.
Avoiding succession when dealing with small estates
In some cases, a formal succession proceeding may not be necessary. Situations and transfers where succession formalities can be avoided include:
- The estate is worth less than $75,000 and is eligible to be settled with a “Small Estate Affidavit.”
- The decedent didn’t own any property within the state that is subject to succession.
- The transfer of bank accounts and wages to a surviving spouse.
- The transfer of vehicles, which can be achieved through an affidavit.
Mr. Boyett assists Alexandria families with all inheritance processes, from small transfers through affidavits to complex successions involving debts and business assets.
Call a succession lawyer you can count on to help you settle an estate
After a loved one passes away, usufruct property may be the last thing on your mind, but failure to complete an estate’s succession can have ramifications far into the future. Because of Louisiana’s complex laws, it is essential that you retain an attorney with experience so that you can avoid problems later. The Law Office of Koby D. Boyett works with families on all aspects of the succession and inheritance processes. To schedule your initial consultation, call our Alexandria office at 318.442.9462 or contact us online.