Probate is a legal process that is often necessary when assets are being distributed after someone dies, and in Louisiana, it is called succession. Some try to avoid Louisiana succession proceedings when they understand some things about it, and we will explore the subject in this post.
Court Supervised Process
Most people assume that a will is the asset transfer vehicle to use unless you are a multimillionaire. If you accept this premise and utilize a will, you will name an executor to act as the administrator after your death.
The executor would be required to admit the will to the court, and everything would be placed on hold. During this process, the executor must notify the decedent’s creditors, and they are given a chance to come forward seeking payment.
There is a proving of the will during the succession proceeding. The court will make sure that the document is valid, and interested parties can contest the terms while the estate is being probated.
When someone dies intestate or without a will or trust, this court will provide supervision. They will name a personal representative to act as the administrator, and the assets will be distributed under the intestate succession laws after debts are paid.
What’s the Problem?
All of the above sounds pretty harmless, and it is, but it is less than ideal for the rightful inheritors.
They have to wait for about eight months at minimum to receive their bequests, and more complicated cases can be stalled in court for longer periods of time. Most people would like their loved ones to receive their inheritances in a timely manner.
The costs that accumulate include a filing fee, the executor’s payment, potential legal and accounting fees, appraisal charges, and liquidation expenses.
You probably want your final affairs to be conducted confidentially, and this is especially true if you made some decisions that would be unpopular with someone. The records are available to interested parties that want to access them, so there is a loss of privacy.
Transfers Outside of Probate
Some postmortem transfers will take place outside of the succession process even if you are not intentionally trying to avoid it. The transfer of to an individual retirement account beneficiary is not subject to court supervision, and this also applies to life insurance proceeds.
When you open an account at a bank or a brokerage, you can name a beneficiary, or multiple beneficiaries. This is a payable on death or transfer on death account, and the court is not involved when the transfer is taking place.
Proactive Louisiana Succession Avoidance
You can utilize a revocable living trust as the centerpiece of your estate plan instead of a simple will. If you go in this direction, you would be the trustee while you are alive, so you would maintain complete control of the assets in the trust.
When you are drawing up the trust, you name a successor trustee to step into the role after your passing, and your heirs would be named as the beneficiaries. The trustee would distribute assets to the beneficiaries after you are gone, and the court would not be involved.
Additional Living Trust Benefits
Succession avoidance is just one of the benefits that a living trust can provide. In addition, you do not have to leave lump sum distributions to your beneficiaries all at once.
For example, let’s say that you want to prevent reckless spending by heirs that are not good with money. You could instruct the successor trustee to distribute a certain amount each month for an extended period of time to prolong the viability of the trust.
Some people will allow for distributions of the earnings as the principal remains intact for a number of years. There are those that will allow for larger distributions when the beneficiary reaches a certain age.
It should be noted that the trust will become irrevocable after your death, and as a result, the assets will be protected from the beneficiaries’ creditors.
Disability Planning
The ability to plan for incapacity is another plus. It’s not a very pleasant subject to consider, but Alzheimer’s is a major threat to the oldest old. It impacts over 30 percent of people who are 85 years of age and older, and there are other causes of cognitive impairment.
When you have a living trust, you can empower disability trustee to step into the role in the event of your incapacity. This can be the successor trustee that you designate as the administrator after your passing, or it can be someone else – the choice is yours.
Attend a Free Workshop!
You are here because you are interested in learning more about estate planning, and this is the right place. We invite you to explore our site to build on your knowledge, and we go the extra mile to provide educational opportunities in another way.
Our firm conducts workshops on an ongoing basis, and this is a great way to break the ice with us and come away with a lot of useful information. There is no charge to attend our events, but we ask that you register in advance so we can reserve your spot.
To see the dates and obtain more information, head over to our estate planning events page.
Ready to Act?
Our doors are open if you are ready to work with a Metairie, Louisiana estate planning lawyer to put a plan in place. As you can see from this post, there are different ways to proceed, and the ideal course of action will depend on your unique circumstances and priorities.
For this reason, personalized attention is key, and this is exactly what you will receive when you work with our firm. To set the wheels in motion, send us a message or give us a call at 504-831-2348.
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