Succession Attorney Alexandria, Louisiana
If you’re looking for a succession attorney in Alexandria, Louisiana, you probably have questions. You may be wondering if you should file a succession on your own, how much it will cost, how long the process will take, and what type of paperwork you will have to file with the court.
Losing a loved one is one of the most stressful events you can go through and having to do a succession adds to your stress level. Here are a few tips and FAQs we receive regularly:
Succession and Distribution of Property
Louisiana has specific rules regarding the distribution of property. You probably have questions as to who gets what when someone dies. The Andries Law Firm helps clients all over Louisiana with succession matters and dealing with a loved one’s property. Attorney Jerome Andries is here to help families deal with large successions, small successions, ancillary successions, and all types of estate matters. We can help you if your loved one died with a will or without a will and will ensure that you completely understand your legal rights throughout the process.
Top Reasons Why Heirs Should Work With a Succession Attorney in Alexandria, Louisiana
Working with a succession attorney can provide many benefits if you’re an heir to an estate in Alexandria, Louisiana. Here are the top reasons why heirs should consider hiring a succession attorney:
- Ensure fairness: A succession attorney can help ensure the estate is distributed fairly among all heirs. They can review the estate plan to ensure that it complies with Louisiana law and that all heirs receive their fair share.
- Protect your rights: If you feel that your rights as an heir are being violated, a succession attorney can represent your interests and help ensure that your rights are protected.
- Minimize disputes: Heirs sometimes disagree on how the estate should be distributed. A succession attorney can help mediate these disputes and come to a fair resolution, minimizing the risk of costly and time-consuming legal battles.
- Navigate legal complexities: Succession law in Louisiana can be complex, and navigating the legal process can be overwhelming. A succession attorney can guide you through the process and help you understand your legal rights and obligations as an heir.
- Maximize your inheritance: A succession attorney can ensure that the estate is being distributed in the most tax-efficient manner possible, potentially saving you thousands of dollars in taxes and maximizing your inheritance.
working with a succession attorney in Alexandria, Louisiana, can benefit heirs. Whether you’re concerned about the fairness of the estate distribution, want to protect your legal rights, or need help navigating the complex legal process, a succession attorney can help. Contact a succession attorney today to learn how they can help you as an heir.
Issues Heirs May Encounter If They Try to Represent Themselves
Heirs may feel that they can handle the legal matters associated with their inheritance without the assistance of an attorney. However, self-representation can lead to various issues that can ultimately harm their interests. Here are some problems that heirs may encounter if they try to represent themselves:
- Lack of knowledge: Succession law can be complex, and self-represented heirs must learn to navigate the legal process effectively. This can result in mistakes that could harm their case.
- Procedural errors: Filing incorrect forms, missing deadlines, or failing to follow the proper legal procedures can lead to delays or even the dismissal of the case.
- Incomplete documentation: Heirs may not be aware of all the necessary documentation required for the legal process. This can result in missing important information or failing to present the evidence necessary, harming their case.
- Emotional attachment: Heirs may be emotionally attached to the estate or the deceased, which can cloud their judgment and lead to poor decision-making. An attorney can provide objective advice and help heirs make sound decisions.
- Litigation risks: If disputes arise among heirs or other parties involved in the succession process, the case may require litigation. Heirs representing themselves may not be prepared to handle litigation and may be disadvantaged in court.
While heirs may think self-representation will save them money or time, it can lead to issues that ultimately harm their interests. It is always advisable for heirs to work with an experienced succession attorney who can guide them through the legal process and protect their rights. If you are an heir and need legal assistance, consider consulting with a succession attorney to protect your interests.
Types of Successions in Louisiana
There are two main categories of successions in Louisiana – testate and intestate. Testate means your loved one died with a will and intestate means they did not have a will or it was invalid.
Louisiana intestate law will govern what happens when someone dies without a will. The rules of intestate succession are law and “who gets what” is set in stone. The property may go to the surviving spouse, children, parents, siblings, aunts, and uncles depending on the circumstances of the case.
The main thing to remember is that Louisiana has a set body of laws that tell us what happens when someone dies without a will in Louisiana. This is why it’s important to speak with a succession attorney in Alexandria, Louisiana if you have a loved one that died or owned property in the area.
Louisiana Last Will and Testament and What Happens to the Property
Many people prefer to dictate what happens to their property themselves instead of letting the state decide. This is understandable because Louisiana intestate law may not distribute property to the person or people you want it to.
A will can help families avoid the potentially harsh results of intestate succession law and can give you peace of mind that your family will receive your property how you want them to. It’s important to keep in mind that Louisiana has forced heirship, which you can read more about in this article. Attorney Jerome Andries is a succession attorney in Alexandria, Louisiana that can help your family probate your will and ensure the process goes smoothly for your family.
Is the Will Valid?
There are two main types of wills that we see often in Louisiana: Olographic (handwritten) and Notarial (typed and notarized). Each type of will has a set of rules that must be followed or it will be invalid or non-existent. The effects of having an invalid will in Louisiana is harsh and the estate may end up being governed by Louisiana intestate law. Here’s an in-depth article to help you determine if the will is valid.
Your first step is to determine whether or not your loved one’s will was done correctly and will be held valid by the court. We can look over the will for you to make sure it was completed correctly so you will know what to expect. We’ve helped many clients searching for a succession attorney in Alexandria, Louisiana with all types of successions.
How Long Does a Succession Take in Alexandria, Louisiana?
Successions can take some time to complete. It depends on the facts of the case, the complexity of the situation and the heirs. It’s best to start as soon as you know you will need a succession. Many people discover from their bank that they need a succession completed before they can sell the family home.
A succession will go much faster if you have the paperwork, property information, will (if there is one) and heirs ready to sign at the beginning. Simply putting heirs into possession of property can take a matter of weeks and a succession that requires administration or locating property and heirs can take months. Also, the court may be backed up when you file and that can extend the timeframe for you to get everything completed.
We always say to expect 4-6 weeks at best and a few months if there are any issues with heirs, property or required paperwork. This is why you don’t want to wait until the last minute to start gathering information and to speak with a succession attorney in Alexandria, Louisiana. Some clients have had to push back their home closing date because they had more succession work to do.
While we cannot guarantee exactly how long the process will take, we will do everything in our power to ensure your case is handled quickly and efficiently. Here’s an article that explains ways to speed up the process when filing a succession in Alexandria, Louisiana.
How Much Does a Succession Cost in Alexandria, Louisiana?
This is the question we get asked the most every day. Succession costs are dependent upon the type, size and amount of work involved. There are 2 fees associated with successions: filing fees and legal fees.
The filing for successions filed in Alexandria, Louisiana range from approximately $300 to $400 and are paid to the Clerk of Court. Your attorney does not set these prices and they do not factor into the legal fees for the succession.
You could call every attorney in town and they will each give you a different quote for legal fees. This is because many attorneys charge hourly rates and you may end up paying way more than you should to have your succession completed.
The Andries Law Firm charges flat-rate fees for successions. We strongly believe this is best for our clients because they know the cost of the legal work upfront and there are no hidden fees. Clients can call us anytime and we do not start the clock. You pay upfront and have access to us as often as you need.
Our fees for uncontested successions in Alexandria and surrounding areas range from $1,750.00 – $5,500 on average depending on the complexity of the succession. We charge less for the Louisiana Small Estate Affidavit. You will have to contact our office either by message, email or phone to get a more accurate quote.
Louisiana’s Small Succession Affidavit
Louisiana provides a streamlined probate process for estates that meet certain criteria. It defines a small succession as one that is less than $125,000 per La. C.C. Art. 3421. It may also include successions of individuals who died with a will and no immovable property as long as probating the will would have the same effect if the deceased died without a will. Our firm offers flat-rate pricing for small succession affidavits and can work with your budget.
Our firm offers free consultations on your succession matter from anywhere in the world. We help clients file in every parish in Louisiana and we can give you a free consultation by phone if you live in another state. Our goal is to give you enough information so that you can make an informed decision about your loved one’s succession or estate matter. A consultation with a Louisiana succession lawyer can help you understand the process and put your mind at ease. We also help clients that live in other states and need to file in Louisiana.
We Offer Payment Plans for Successions
The Andries Law Firm offers payment plans for some successions. We understand how hard it can be to come up with the full amount of money needed to file a succession in Alexandria, Louisiana. We take the facts of your situation into account and will work out a payment plan that is acceptable to all parties. We reserve the right to decline the offer a payment plan depending on the circumstances of your case.
Where Do You File a Succession in Alexandria, Louisiana?
You will need to file a succession in Alexandria, Louisiana if your loved one lived in or owned property in Alexandria. Alexandria is located in Rapides Parish and the district court that oversees those successions is the 9th Judicial District Court located at 701 Murray Street, Alexandria, LA 71301.
All filings must go through the Rapides Parish Clerk of Court and they will have it assigned to a Judge.
Will or No Will
If there was a will, the succession is called testate. If there was no will, the succession is called intestate. A Last Will and Testament basically instructs the court what you wish to have done with your property. If the will is considered valid and follows the law, then the Judge assigned to the matter will sign a Judgment of Possession that puts heirs into ownership of the property. If you need to probate a will in Alexandria, Louisiana, my team is happy to help.
If the will is found to be invalid because it failed to follow the law, then the succession will be considered intestate and the Judge will follow Louisiana succession law to put heirs into possession according to law.
If there is no will, then the property of the deceased will be divided according to law.
What Do I Do If I’ve Been Named Executor in the Will
It’s an honor to be named the executor or executrix of the succession because that person trusted you to make the right decisions about their property. However, it can be a daunting task and you will likely need attorney assistance to help walk you through the process. We can help take some of the stress off of you and keep the process running smoothly.
If you’ve been named the executor in a will, be sure to gather as much paperwork as possible to bring to your attorney so we can look over it. We will file the proper documents in the District Court in Alexandria, Louisiana to have you named as the executor of the estate.
Deceased Lived in Another State But Owned Property in Louisiana
We can help if your loved one lived in another state, but owned property in Louisiana. If a succession has already been completed in the other state, the Andries Law Firm can help your family complete an ancillary succession to complete the property distribution in Louisiana. We charge a flat-rate fee for ancillary successions that allow our clients to save money. We also help out-of-state attorneys that need help for their clients in regards to ancillary successions.
Do I Need an Attorney to File Succession in Alexandria, Louisiana?
It’s highly recommended that you at least consult with us before trying to file a succession on your own. There are rules and procedures that must be followed. Mistakes can be costly and can prolong the matter.
Some of the most common issues people have when filing on their own include:
- Filing in the wrong parish
- Forgetting a required affidavit
- Incorrectly listing property
- Not sending the original will
- Accidentally leaving out an heir
All of these mistakes can cost extra money and will cause your succession to take longer. Most judges will simply send you a copy of your filings marked “Denied” without telling you your mistakes. They won’t give you legal advice and you will have to figure it out on your own.
How Do I Get a Judgment of Possession?
Your attorney will draft a Judgment of Possession to submit once the succession is complete. The judge will review the documents submitted to the court to make sure everything has been completed. He or she will then sign the Judgment of Possession that your attorney drafted and will mail a certified copy of the Judgment.
It’s important to keep a copy of the Judgment of Possession in a safe place in case you need it. Many banks will require this important document when it’s time to sell a home.
Here’s an article that explains how to get a Judgment of Possession for a Louisiana succession.
Another Attorney Represents My Sibling, Can I Have an Attorney Also?
Yes, you can have your own attorney to represent your interests. It’s understandable that not all siblings will get along and there may not be trust between the parties. Your attorney can review the succession paperwork to ensure everything is done correctly and that your property interests are protected.
I Did the Succession Paperwork Myself, Can an Attorney Review It?
Yes, we help clients review their own paperwork to make sure everything is correct. We charge a small fee for succession or probate review and will show you how and where to file your paperwork.
Succession Lawyer Near Me
We handle succession matters all over Louisiana. You don’t have to come to us in order for us to assist you with your loved one’s succession. We help clients all over the world file successions in Louisiana no matter their location by using technology to make it as easy as possible for our clients. All you have to do is send us a message and we will do the rest.
How Do We Begin the Succession Process?
It’s easy. You can send us a quick message via this website and give us your contact information and a quick summary of your situation. We will review your information and get in contact with you to come up with a solution.
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Louisiana Succession Attorney
Frequently Asked Questions Regarding Successions in Alexandria, Louisiana:
What is a succession?
A succession is the legal process of transferring property and assets from a deceased individual to their heirs.
Who can file for a succession in Louisiana?
Any interested party, such as a surviving spouse, child, or family member, can file for a succession in Louisiana.
What happens if someone dies without a will in Louisiana?
If someone dies without a will in Louisiana, their property and assets will be distributed according to the state’s intestacy laws. This means their property will go to their closest relatives, such as spouses or children, in a predetermined order.
How long does the succession process take in Louisiana?
The duration of the succession process can vary depending on the complexity of the estate and whether any legal disputes arise. On average, the process can take anywhere from six months to two years or more.
Do I need an attorney for a succession in Louisiana?
While having an attorney for a succession in Louisiana is not legally required, it is highly recommended. Succession law can be complex, and an attorney can help ensure the process runs smoothly and your rights are protected.
How are estate taxes handled in Louisiana successions?
Louisiana does not have an estate tax but an inheritance tax that may apply to certain property transfers. It is essential to consult with an attorney or tax professional to determine your tax obligations.
Can the terms of a will be challenged in Louisiana?
Yes, the terms of a will can be challenged in Louisiana if there is evidence of fraud, duress, or undue influence, or if the will was not executed properly.
Can I contest a succession in Louisiana?
Yes, you can contest a succession in Louisiana if you believe that the process was not conducted correctly or that your rights have been violated. It is essential to consult with an attorney if you are considering contesting a succession.