Rabalais Law Firm
Play movie for more information.

A typical example of how a succession is handled is as follows:
Usually a few days or maybe a few weeks after someone dies, a surviving family member will contact our office to notify us that there has been a death in the family. We will schedule a complimentary meeting with the family to discuss relevant succession matters. We will also recommend that you bring in certain records regarding assets of the deceased, such as legal descriptions of real estate, bank statements, investment account statements, vehicle titles, and other information showing what the decedent owned on the date of his or her death.
Depending upon whether an “administration” is necessary, we may petition the court to have the executor confirmed (if the deceased left a Will naming an executor) or we may petition the court to have an administrator appointed (if the deceased died without a Will.
We will prepare a number of required legal documents, such as Affidavits of Death and Heirship, Detailed Descriptive List of Assets and Liabilities, Petition for Possession, Judgment of Possession, and any other necessary legal documents. The appropriate heirs and family members will sign this paperwork. We will then file this paperwork in the parish where the deceased was domiciled.
Once the documents (also known as “pleadings”) are filed at the courthouse, they will be submitted to the judge assigned to the succession. If the documents meet all of the legal requirements and are not opposed, the judge will sign a Judgment of Possession, which orders third parties to assist with the transfer of ownership of assets from the deceased to the appropriate heirs.
Once the judge signs the appropriate court orders, we will assist you in actually transferring assets out of the deceased’s name and into the heirs’ names. We will record the Judgment in the parish where the deceased owned real estate, we will assist with the transfers of bank accounts and investment accounts, we will assist in the transfer of ownership of vehicles and other succession assets.

 

 

When is a succession necessary?

A succession is necessary whenever someone dies owning title to assets. For example, let’s say that Dad and Mom owned a home and a vehicle. After Dad dies, the home and vehicle cannot be sold or transacted until the succession is completed transferring title to Dad’s assets into the names of the heirs.

In order to completely avoid Louisiana Inheritance Tax, certain succession pleadings must be filed at the courthouse within nine months of the date of death. If the succession is ignored for more than nine months, then it is likely that Louisiana Inheritance Tax will be due to the Louisiana Department of Revenue.

 

What is the Simplified Succession?

There is a national trend in America to streamline or improve the succession or probate process. Louisiana is participating in this trend. A few years ago, the Louisiana Legislature made sweeping changes to our succession procedure. Very few people, relatively speaking, are even aware that these changes occurred.

This new simpler procedure is called an “independent administration.” If you were appointed as an “independent executor” in a Will, or if all of the heirs agree, then the executor can settle the estate without most of the court supervision that has been required in the past. This new simpler succession procedure can save a great deal of time, effort and money.

Simply contact our office to see if an estate that you are involved in can qualify for this independent administration.

 

What records are necessary?

For an efficient, timely and orderly succession, you should be prepared to supply the following records to our office:

  1. A list of all savings and checking accounts and certificates of deposit including titling, account numbers and addresses of the institution(s) in which they were held.
  2. Copies of Acts of Sale to any parcels or real estate owned.
  3. Any life insurance policies covering the life of decedent at the time of his/her death, including policy numbers and names and addresses of the insurance companies.
  4. Titling and numbers of any safe deposit boxes and the institutions in which they are held.
  5. List of all securities held by decedent and you (if you are the spouse), including maturity dates and interest rates of any U.S. Treasury Notes or similar securities. The most recent statement from a brokerage firm should be sufficient.
  6. A list of debts, including funeral expenses, last illness expenses, utility bills, property taxes or any other bills of this nature that were outstanding at the date of death.
  7. Account numbers and addresses of the institutions holding any mortgages and an itemized list of any other loans.
  8. A copy of any pension plans, profit sharing plans or other retirement plans.
  9. Itemized list of any other assets which decedent owned at the time of his/her death.
  10. 10. Five (5) death certificates.

 

Getting Started

It’s never easy losing a loved one. We are sensitive to that and we want to make the succession as simple and efficient as possible. Getting started is easy. Simply contact our office after the death of a loved one (some contact us on the date of death while others may wait a week or two to contact us) and we will set up a time for you to come in to discuss these important matters. There will be no charge for this meeting. Feel free to bring in the records requested above at that time. At your meeting, Mr. Rabalais will meet with you and assist you in making important succession decisions. He will answer all of your questions and outline how the succession will go from start to finish. He’ll go over any legal fees and court costs and document those in our Legal Services Agreement. You’ll know exactly how our fees work and you’ll be happy to know that there will be no additional charges for meetings, telephone conversations, photocopies, long distance charges, or other items that traditional law firms profit from. You’ll leave the meeting with a great deal of knowledge and peace of mind knowing that these matters will be taken care of promptly and efficiently.