Estate & Trust Litigation

Life can be unpredictable, that’s why we always recommended that our clients plan ahead and complete the proper estate planning documents before their own passing or the passing of a loved one; however, many of our clients are people who suddenly find themselves managing and inheriting property that has been passed down several generations.

In most cases, the property has simply changed names at the Tax Assessor’s Office without any succession or legal proceedings transferring the title as required by law. If you find yourself in charge of taking care of the estate of a loved one, there are several important steps to take before you can successfully sell their real estate or property.

Open a Succession: In Louisiana, the term “succession” is used to refer to the legal process of passing ownership from a Decedent (the person who passed away) to their beneficiaries, legatees, or heirs, and closing out their estate.

There are several different types of successions in Louisiana: Small Successions, Simple Possessions, and Successions Under Administration.

Some successions involve a Last Will and Testament, which is called a “testate” succession, and a succession without a Last Will and Testament is called an “intestate” succession.

Each estate is different, and each type of succession applies to each various type of estate. At Scott Vicknair, LLC, our Succession Attorneys are experienced, dedicated, and ready to assist you every step of the way in whatever type of succession your loved one’s estate requires.

Transfer any titles from the Decedent to the Heirs or Legatees: The title of any property, real estate or otherwise, must change to the heirs and legatees of the Decedent for there to be a sale of the property.

Most Successions simply place the heirs or legatees of the Decedent in possession of the Decedent’s property. If there is to be a sale of the property, though, the property must be transferred out of the Decedent’s name and to the parties participating in the sale. This sometimes involves title work and land records transfers, all of which we handle here for you at Scott Vicknair, LLC.

Patience: While most successions can be handled within a relatively short amount of time, there is always a chance that you may run into complications with the estate or uncooperative family members. Everything takes time when a sale of property is involved, and sometimes depending on the type of succession, the court requires certain formalities before a sale can even be started.

For this reason, it is highly recommended that you seek the counsel of an experienced Succession Attorney.

Proceed with the Sale: Once the heirs or legatees are placed into possession of the property or the court has approved a sale, the sale of the property may proceed!

Close the Succession: Once the sale is completed, you can close the succession.

If the loved one who has passed was your spouse, you may not be able to stay in your home if the property was purchased by your spouse prior to your marriage or the property was inherited by your spouse. In Louisiana, without the proper estate planning, the surviving spouse does not automatically inherit the deceased spouse’s property. To avoid such a predicament, seek the counsel of an estate planning attorney in advance.

Contact our New Orleans Succession Attorneys today by calling (504) 500-1111 for a complimentary consultation for all your Estate Planning and Succession needs!

A succession is simply the process of transferring assets from someone who passed away to their legal heirs. In some other states, this may happen automatically upon the person passing, however in Louisiana a legal proceeding must be conducted to document the transfer.

There are basically two different procedures for handling a succession in LA. The first is “simple possession” and the second is “administration.” The selection of which procedure to use is greatly dependent upon what issues need to be resolved in the estate and most importantly, whether the heirs of the estate are cooperative. As a rule of thumb, the more cooperation there is amongst the heirs, the quicker the succession can be completed and the lower the court costs and attorneys fees will be for handling the matter.

Where there is full cooperation amongst the heirs, a simple possession succession is typically recommended. Under a simple possession succession, as its name implies, the heirs are simply put into possession of the assets belonging to the decedent. Pleadings are drafted and filed with the court that set forth that the decedent passed away, list the assets of the decedent, and name the heirs who will inherit the assets. The end result is a Judgement of Possession issued by the court declaring the heirs to be the legal owners of the assets of the estate. That Judgement of Possession can then be brought to financial institutions to close and transfer bank accounts, brought to the DMV to transfer title to vehicles, and also recorded in the land records to transfer ownership of any real estate owned by the decedent. If any assets need to be sold, the heirs can handle that post-succession in their role as co-owners of the asset. Likewise, any obligation or liabilities of the estate can be paid by the heirs out of the common assets received through the succession after the succession is complete. Handling these issues after the succession is legally complete greatly lowers the legal cost and court cost for handling the succession. As such, it is the preferable procedure used when possible and there is cooperation amongst the heirs.

Feuding Heirs Complicate Successions

If there is not cooperation amongst the heirs or there are disputed issues that need to be resolved, placing the succession under administration is typically recommended. When a succession is placed under administration, a person, typically a family member, is appointed as a succession representative “either an administrator or executor” who is responsible for handling the assets of the estate. Appointment is accomplished by filing a pleading with the court asking for such appointment. If more than one person is interested in being appointed, the court will decide who is best qualified, taking into account their relation to the decedent. Unless it is waived by the heirs or in last will and testament, the person designated as the succession representative typically has to post a bond to serve as succession representative. The bond provides a source of recovery in the event the succession representative mishandles the estate causing damage to the heirs.

If the last will and testament provides for or the heirs agree to it, the succession representative can be appointed as an “independent” administrator of the estate. When a succession representative is appointed on an “independent” basis, he or she is not required to obtain court authority and approval before taking actions as administrator. For example, if the succession administrator wanted to sell real estate belonging to the estate, normally pleadings would have to be filed with the court approving the sale and seeking permission to move forward. As part of that procedure, succession administrator also has to publish notice of the requested action in the newspaper and there are legal time delays that must be waited out before approval can be obtained from the court. These extra steps are time-consuming and increase the cost of the administration of the estate. However, if the succession administrator is appointed as an “independent administrator,” these additional steps are not necessary and the administrator can move directly forward without court approval.

Although independent administration saves time and money in the administration of the estate, it does eliminate checks and balances system and court oversight that regular administration provides. In situations where the heirs do not fully trust the succession administrator, maintaining this oversight and not electing independent administration is typically recommended.

Whether simple possession or administration is being used, the main goal of any succession is to transfer ownership of the estate to the heirs and close the estate. Sometimes this means liquidating all of the assets in the estate and making a cash distribution to the heirs. Other times, assets are simply retitled in the name of the heirs and they become co-owners of those assets upon the closure of the estate and completion of the succession. Every estate is a unique combination of assets and the people and personalities involved. It is the combination of these factors that determine the best procedure to use to handle the estate.

Our lawyers also help clients achieve various estate planning goals using asset protection strategies, wills, advance directives, powers of attorney, revocable living trusts, irrevocable trusts, and other legal tools.