Probate Attorneys in New Orleans, Louisiana

Probate is the legal process of settling a deceased person's estate, ensuring that their wishes are honored and their assets are distributed according to state laws. It's a difficult and emotionally charged process, which is why it's in many people's best interests to turn to estate lawyers for support and guidance.

The probate attorneys at Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC possess extensive experience in probate cases, offering clients guidance through every step of the process with compassion. Call their New Orleans law firm today to schedule a consultation and learn how they can help you navigate your specific case.

Understanding Probate

Probate serves several important functions, including:

• Validating the will: Establishing the authenticity of the deceased's will before the court.

• Appointing an executor: Designating a responsible individual to oversee the estate settlement and manage the distribution of assets.

• Inventorying and valuing assets: Compiling a detailed list of the deceased's assets and determining their fair market value.

• Paying debts and taxes: Ensuring that any outstanding debts and taxes owed by the estate are settled before distribution to beneficiaries.

• Distributing assets: Following the terms of the will or state laws to transfer assets to the rightful heirs.

Navigate the Probate Process With a Lawyer

Navigating the probate process can be complicated, but the dedicated attorneys at Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC can assist in the following ways:

• Providing legal advice: Offering expert guidance on the entire probate process, including responsibilities and legal requirements.

• Filing necessary documents: Preparing and submitting all required court documents to initiate and manage the probate process.

• Representing clients in court: Advocating on behalf of the executor or beneficiaries in court hearings throughout probate proceedings.

• Resolving disputes: Mediating any conflicts that may arise among family members or other interested parties.

• Managing estate assets: Assisting in the administration of estate assets, including real property and financial accounts.

How Personal Injury Settlements Come Into Play in Probate

In some cases, personal injury settlements may impact the probate process, particularly when the deceased was involved in an accident or suffered an injury that led to their passing. If the individual had pending personal injury claims at the time of their death, these claims can potentially become a part of the estate.

The executor may need to pursue these claims through negotiations or litigation to secure compensation for the estate, which could then be distributed to the beneficiaries as part of the overall asset distribution.

Probate lawyers must consider any personal injury settlements that may arise during the probate proceedings, as they can significantly influence the financial outcome for the surviving heirs and the estate's overall value. Therefore, working with legal professionals experienced in both probate and personal injury law is essential to manage all aspects effectively.

Frequently Asked Questions (FAQs)

1. What happens if someone dies without a will in Louisiana?

If a person dies intestate (without a will) in Louisiana, their assets are distributed according to state intestacy laws. This means that the state will determine how the deceased's property is divided among relatives, which may not align with the deceased’s wishes.

Additionally, the court may appoint an administrator to manage the estate rather than the individuals the deceased may have preferred.

2. Can I change my will after it has been created?

Yes, you can change or revoke your will at any time, provided you follow the proper legal procedures. This can include drafting a new will or creating a codicil (an amendment to your existing will) that outlines the changes you wish to make. It's essential to clearly indicate your intentions to avoid any confusion later on.

3. How long does the probate process take in Louisiana?

The duration of the probate process in Louisiana can vary widely depending on the complexity of the estate, the number of heirs, and whether any disputes arise. Generally, probate can take anywhere from a few months to over a year. It is advisable to work with an experienced probate attorney to help expedite the process.

4. Do all assets have to go through probate?

Not all assets are required to go through probate. Certain assets, such as life insurance policies, retirement accounts, and joint tenancy properties, can pass directly to beneficiaries without undergoing probate. Understanding which assets are exempt can help expedite the distribution process.

5. What are the costs associated with probate?

The costs of probate can include court fees, attorney fees, accounting fees, and expenses for managing estate assets. These costs can vary based on the size and complexity of the estate. It is important to discuss potential fees with your attorney upfront to have a clear understanding of what to expect.

6. Can I handle the probate process without an attorney?

While it is possible to navigate the probate process without an attorney, it is generally not advisable due to the complexities involved. An experienced probate attorney can provide valuable guidance, help prevent mistakes, and ensure compliance with legal requirements, which can ultimately save time and stress.

7. What should I do if I am unhappy with the will?

If you believe the will is invalid or not reflective of the deceased's true intentions, you may contest the will in court. Grounds for contesting a will may include improper execution, lack of testamentary capacity, or undue influence. It is important to seek legal advice prior to pursuing this route to understand the implications and processes involved.

Probate Lawyers in New Orleans, Louisiana

The compassionate and knowledgeable attorneys at Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC are committed to guiding clients through the probate process and seeing that all legal requirements are met and the deceased’s wishes are respected. They provide services to clients in New Orleans, Metairie, Mandeville, Slidell, and Chalmette. For assistance with probate matters, call today to schedule a consultation and take the first step towards a smooth and efficient probate process.