Denham Springs Successions Lawyer

Denham Springs Successions Attorney

If a dispute arises in a Denham Springs succession case, it’s important to act quickly. Succession laws can help families carry out their loved one’s wishes efficiently and avoid unnecessary delays in the process. To learn more, speak with a Denham Springs successions lawyer.

Trusted Advice on Successions

With over 40 years of experience, Goode Tax and Estate Planning Law Group, LLC, offers assistance for those going through a succession in Denham Springs. Our firm features one of the few Louisiana attorneys who are board-certified in both estate planning administration and tax law. This means we can offer practical solutions for both routine and complex cases.

What Is a Succession?

A succession is Louisiana’s legal process for transferring a deceased person’s assets to their heirs or others who are legally owed them. Unlike other states that use the term “probate,” Louisiana’s legal tradition uses “succession” to describe this process.

A succession is required when a decedent leaves behind property without automatic ways of transferring it, such as trusts or joint ownership. In Denham Springs, successions often involve homes, farmland, or savings accounts passed through generations.

This process helps property transfer legally, addresses debts, and enables heirs to receive their rightful inheritance. Successions can range from straightforward filings for small estates to lengthy court proceedings for complex claims.

Steps in the Succession Process

The succession process begins by identifying the decedent’s assets and debts. This includes preparing a Sworn Descriptive List, which details property values and liabilities. In Denham Springs, this may involve documenting property titles from the Livingston Parish Assessor’s Office or vehicle records from the Louisiana OMV.

Next, heirs or an attorney file a Petition for Possession with the Louisiana OMV. Next, they must file a Petition for Possession with the 21st Judicial District Court. Required documents typically include:

• An Affidavit of Death, Domicile, and Heirship
• The will (if one exists)
• A Sworn Descriptive List

After these documents are submitted and the court approves them, the heirs can transfer funds as required.

Common Challenges in Denham Springs Successions

Due to the low population of around 9,000 in Denham Springs, similar types of challenges tend to come up when filing a succession in Denham Springs, including:

• Disputes among heirs. Family disagreements may arise over property division, especially with rural land passed down through generations. In Denham Springs, this is common with farmland or shared family homes. For example, siblings might dispute ownership of a generational family property off Highway 16 where one has lived for decades, while others have maintained partial ownership rights.
• Unclear property titles. Heirs may face delays if records are incomplete or outdated. In flood-prone areas of Denham Springs, property records may have been damaged or lost during natural disasters, like the catastrophic 2016 flooding. The succession process can stall while title searches are conducted through the Livingston Parish Clerk of Court to establish a chain of ownership.
• Debts exceeding the estate’s value. When debts surpass available assets, creditors must be notified. This situation may force property sales or impact inheritance plans. Louisiana law requires an administrator to publish notices to creditors in local publications, like the Livingston Parish News, allowing them to make claims against the estate. Heirs may need to sell family property to satisfy creditors before receiving any inheritance.
• Missing or contested wills. Heirs may dispute the validity of a will, requiring court intervention to resolve claims. Challengers might question whether the testator was of sound mind when drafting the document, or they may allege undue influence from other parties. In Denham Springs, these disputes often come up when elderly residents make late-life changes to their wills or have handwritten wills.
• Failure to file documents promptly. Delays in filing the required paperwork can stall the process, adding stress for surviving family members. Louisiana succession law imposes specific deadlines, particularly for estate tax filings or creditor notifications. These delays can be made worse by any difficulty in obtaining the required documents from various agencies.

In some cases, mediation or litigation might be needed to establish clear boundaries and determine further measures.

FAQs

Who Is Responsible for Handling a Succession in Denham Springs?

Who is responsible for handling a succession in Denham Springs is usually the executor named in the decedent’s will. If no will exists, the court appoints an administrator to manage the process. This individual gathers the deceased’s assets, pays any outstanding debts, and transfers property to heirs. Executors and administrators must follow Louisiana’s civil law process, which includes filing the required documents and following asset distribution law.

What Types of Successions Exist in Denham Springs?

The types of successions that exist in Denham Springs include small successions and regular successions. A small succession applies to estates valued at $125,000 or less. This often requires only an affidavit, rather than a full court proceeding. Regular successions apply to larger or more complex estates. Within regular successions, testate successions follow the terms of a valid will, while intestate successions apply when no will exists.

What Assets Are Included in a Denham Springs Succession?

The assets that are included in a Denham Springs succession include:

• Property, like homes or land
• Bank accounts
• Vehicles
• Personal belongings

In Denham Springs, assets may include family homes along Range Avenue or farmland near Watson. Some items can bypass succession if they are owned by multiple people or in a trust.

What Steps Do Heirs Have to Take to Initiate a Succession?

To initiate a succession in Louisiana, heirs have to gather the decedent’s will if they have one, and identify all the assets and debts they have. The process often begins by filing an official affidavit confirming that the person has died, along with a formal list of assets and liabilities. In Denham Springs, these documents are typically filed with the 21st Judicial District court. To finalize the process, a Judgment of Possession is made.

Resolve Your Loved One’s Estate Properly

Successions usually happen during emotional times, making them even more difficult. With the right legal guidance, families can know that they have taken the right steps to honor their loved one’s wishes. Schedule a consultation with Goode Tax and Estate Planning Law Group, LLC, to make the process easier and prevent delays.