Successions
Navigating The Succession Process
When a family member passes away, survivors are left with several intricate legal tasks to manage, including succession and estate administration. This article offers a comprehensive guide to understanding successions in Louisiana and instructions on how to proceed.
What is a Succession?
In Louisiana, succession is the legal procedure of distributing the decedent's assets, which comprises both immovable and movable properties, to the rightful inheritors or legatees after fulfilling the necessary Louisiana legal obligations. Immovable assets often include real estate such as homes and lands, whereas movable properties encompass bank holdings and personal belongings like vehicles or jewelry.
What is a Succession Attorney?
A succession attorney near Metairie plays a crucial part during this process, ensuring that the decedent's assets are distributed as per their will and the state law. If necessary, the probate procedure initiates swiftly following the passing of a loved one. The professionally licensed attorneys at Crescent Title assist any designated Executor of a Will (if there's one) and the beneficiaries of an estate to navigate probate and complete property and title transactions.
How a Succession Attorney Can Help
The probate process can be lengthy and stressful, particularly following the death of a loved one. Navigating property titles on your own can be an overwhelming task, especially during a period of grief. Reliable succession lawyers in Metairie facilitate the succession and estate planning process, taking care of the legalities while providing you and your family time to grieve respectfully.
The services rendered by Crescent Title’s succession lawyers around Metairie include:
- debt and lien analysis and payment for the estate
- ownership verification through title research
- ensuring proper demarcation and positioning of buildings on properties
- transferring property titles
- formulating a new Will
- establishing guardianship
- drafting a Trust
Types of Successions
There are two types of successions in Louisiana:
1) Testamentary Succession
A testamentary succession close to Metairie happens when an individual passes away leaving a will. The beneficiaries in a testamentary succession are termed legatees. The property transfer to legatees happens through probate, a process involving filing the original will with the court and requesting the court's recognition of its validity. Once the will is probated, legatees can file pleadings with the court to gain possession of the decedent's property as per the will's provisions.
2) Intestate Succession
Intestate succession in Metairie occurs when an individual dies without a valid will. Under Louisiana's intestate succession laws, individuals who inherit are called heirs. Heirs acquire the decedent's property by petitioning the court for acknowledgment as the decedent's legal heir, thus earning the right to inherit the decedent's property at the time of death.
Successions can be further differentiated into those overseen by a court-appointed administrator and those that do not require administration. If no estate administration is needed, heirs and/or legatees can take possession of estate property by petitioning the court for a judgment recognizing their right to possession. These successions are typically less time-consuming and more cost-effective. On the other hand, successions under court administration tend to be more complex and expensive.
Hire Top-Rated Succession Attorneys in Louisiana
Succession law is one of the more nuanced areas of legal practice in Louisiana. While it may seem straightforward to an untrained eye, it demands a unique set of legal skills and expertise to accurately manage successions, particularly when it involves transferring title to a decedent's real estate. As top-rated title attorneys, we're dedicated to ensuring that the property title, whether sold from the decedent's estate or directly transferred to the decedent's heirs and legatees, is clear and marketable once the succession process is concluded.
In the event of a family member passing away while holding an interest in a property that you're planning to sell, we're here to provide assistance on succession options. We invite you to connect with us via phone or email to start the journey with Crescent Title’s skilled succession attorneys around Metairie.
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