Port Allen Uncontested Successions Lawyer
Port Allen Uncontested Successions Attorney
Succession is a legal process required after someone dies. For many families, following the process of an uncontested succession can be easier to navigate. This is especially helpful as family members deal with their grief. Succession is more likely to be handled carefully and successfully when families work with a Port Allen uncontested successions lawyer. An attorney can help families limit disputes and avoid a contested succession.
At Field Law, we work exclusively in estate planning and succession law. We understand the complex legal requirements in Port Allen successions and help individuals and families navigate this process. Our firm also knows how sensitive and emotional this time can be. We handle your loved one’s estate with care and compassion. We have more than 12 years of experience in these areas of law, and we are committed to supporting the interests of the communities we serve.
What Is an Uncontested Succession?
Succession is the process of distributing a person’s assets, settling their debts, and closing their estate after their death. It is considered an uncontested succession when the heirs or beneficiaries agree on the way the estate is distributed, and there are no contests of a will or disputes about assets. Because there are no contests or disputes, it doesn’t require extensive legal hearings.
An uncontested succession can happen whether or not the deceased had a will. If the deceased had a valid will, then the succession will be uncontested if all named beneficiaries agree to follow the distribution of assets listed in the will. If there was no valid will, then it is uncontested if the heirs, by state law, agree to the distribution under those laws.
Many families prefer an uncontested succession because it limits the time, stress, and cost of the process. It can help families secure their inheritance more quickly and allow them to move forward with their lives.
Is Succession Required?
Succession in Louisiana is almost always required, particularly when the deceased owned any property. The rate of owner-occupied housing in the parish was 75.9%, which makes it likely that succession is required. Some small estates or estates with comprehensive estate plans can bypass some aspects of succession. However, for most estates, succession needs to be filed.
If you are filing a succession for someone who lived or died in Port Allen, the succession is filed with the 18th Judicial District Court (JDC), which handles West Baton Rouge, Iberville, and Pointe Coupee Parishes. The 18th JDC in West Baton Rouge Parish is located at 850 8th Street in Port Allen.
How Do You Qualify for an Uncontested Succession in Port Allen?
Families who file for succession qualify for an uncontested succession if no heirs or beneficiaries file a dispute about how the estate is to be distributed. A succession becomes contested if an heir or beneficiary contests the will or if heirs disagree on the division of the estate based on state law.
A succession may also be contested if interested parties disagree on who should administer the estate or if an heir or beneficiary files against the administrator or executor for failing to maintain their responsibility.
How Does a Succession Attorney Help Me Keep the Process Uncontested?
When you work with an experienced attorney, either as an executor or heir, they can help you manage the process and keep it going smoothly. If there are disagreements, an attorney can help parties negotiate and discuss their issues to try to avoid a contest or legal dispute.
When a case is uncontested, an attorney can also move the case along more quickly by having the right information and documentation ready. They can evaluate assets and debts in the estate and help address and distribute more complex assets. An attorney can generally save everyone time and stress.
FAQs
Q: Can You File for Succession in Louisiana Without a Lawyer?
A: It is possible to file for succession in Louisiana without a lawyer, but it is not a good idea. The process of succession is complex. If you are the executor of the estate, you could be held personally liable if you mishandle the process. When you work with an attorney on the succession process, you will better understand your responsibilities. An attorney can also give you legal advice on how to administer the estate, giving you more peace of mind.
Q: How Much Does It Cost to Do a Succession in Louisiana?
A: The cost of a succession is dependent on many factors, including:
- The value of the estate
- The filing and court fees of the parish where the succession is filed
- Whether there is an existing will or estate plan
- Whether the estate can be handled through independent succession or not
- The complexity of assets and debts
- If there are contests to the will, trust, or estate plan
- Whether there are disputes between heirs
Q: How Long Does an Uncontested Succession Take in Louisiana?
A: There is no set time frame for an uncontested succession in Louisiana. If affairs are organized in a will or estate plan, it may take much less time. If there is no will, and the location and value of assets and debts are unclear, the process can take longer as property is uncovered and evaluated. Succession is uncontested when the heirs have no disputes about the estate or its administration, so they take less time than contested successions.
Q: How Can Succession Be Avoided in Louisiana?
A: Successions could be avoided in Louisiana through a small estate succession or through comprehensive estate planning. The median value of housing units in West Baton Rouge Parish occupied by their owners was $225,900 in 2023. This makes most estates significant in value and makes a small estate succession unlikely.
Comprehensive estate planning can avoid succession through a trust. Approximately 13% of Americans state that they have a living trust. A trust holds assets and prevents them from entering succession.
Navigating the Succession Process in Port Allen
A dedicated and skilled attorney can help support your interests, whether you are a beneficiary of the estate or an appointed administrator. Revolving the process of succession can help families move forward with their lives, but it’s important that the process is simple. The team at Field Law can help families resolve succession disputes uncontested. Contact our firm today.
Resources on Louisiana Uncontested Successions Law
