Many Louisiana residents do not have estate plans in place. Those who die without a will are said to have died intestate. Who will inherit the property of these estates will be determined by intestate succession laws. Probate is typically necessary to ensure these laws are followed.
Louisiana residents who take the time to go through the estate planning process do so for several reasons. They want to protect themselves should they become incapacitated, but they also want to make life easier on their loved ones when they die. The probate process is certainly much easier for beneficiaries to get through when an estate plan is up to date.
After a loved one passes away, figuring out what exactly needs to be done to close out his or her estate can be confusing. The probate process, in particular, can prove challenging to get through. There are certain steps that have to be taken in a specific order before an estate can be distributed to beneficiaries. Here are a few things one can expect to happen when going through the probate process in the state of Louisiana.
No one really wants to spend time thinking about end-of-life matters, or what would happen to themselves or their families if they were to become incapacitated. So, many people in Louisiana and elsewhere put it off until later in life or until it is too late altogether. There is no one perfect time to create an estate plan. The time to prepare an estate plan is now, no matter what stage of adulthood one is in.
When all of a couple's assets are jointly owned and one spouse dies, the surviving spouse gets everything, right? So why go through the probate process? Probate may seem like a waste of time to some in Louisiana and elsewhere, but it has its purpose. Putting it off or not probating an estate at all can have consequences down the line.
When a parent dies, the estate administration process can be a difficult thing to get through. It can be even more challenging if a stepmother is involved. Far too often, in Louisiana and elsewhere, stepmothers are accused of keeping their husband's assets for themselves and then passing them on to their own children rather than giving them to their stepchildren. When this happens, probate litigation may be the only way the offended parties may see any part of their supposed inheritance.
There is a lot to think about when going through the estate planning process. Most Louisiana residents who take the time to do it probably spend all their time worrying about what protections they need and what to include that they forget one small but significant detail -- where to store their documents when all is said and done. The simple truth is, estate plans that cannot be found do not do any good when it comes time for one's estate to go through probate.
When a loved one dies, there are a lot of things that need to be figured out. If proper estate planning was completed, probate in the state of Louisiana may not be too complicated. However, if the decedent had credit card debt when he or she passed, some may find dealing with it a bit frustrating.
Putting together an estate plan is something you know you should probably do, but it hasn't been high on your priority list. Life keeps you busy and, really, it is something you just have not wanted to think about. It doesn't matter if you are a young adult, middle-aged or in your retirement years, having an estate plan is for your benefit and the benefit of your loved ones. Now is the time to create an estate plan and an experienced Louisiana-based probate attorney can help you do that.
Words matter. How words are used matters. When wording is unclear, particularly when it comes to one's will, it can cause a lot of problems for one's beneficiaries. This is an issue currently being seen in the Tom Petty probate case. It is also a problem that has been seen in plenty of Louisiana probate cases as well.