Testate versus Intestate
A testate succession occurs when an individual dies with a will, whereby their assets are divided according to the terms of the will if it’s valid. A will can be as specific or general as one likes. It can encompass all of one’s assets or only part of the estate.
An intestate succession occurs when an individual dies without a will, in which case the assets are divided according to Louisiana statutes and code articles.
Types of Wills
A notarial testament is a will in authentic form, meaning it is signed in front of two witnesses and a notary. It is the most common type of will to be prepared by an attorney. An experienced attorney can tailor your will to fit your needs and desires, and ensure your will meets all form requirements.
An olographic testament is a will that is entirely written, dated, and signed in the handwriting of the testator. This type of will is the easiest to create as to form and may be the cheapest anyone can prepare their own, but this type also has the greatest chance to be contested or declared invalid. Disputes often arise over the handwriting, due to the wording being ambiguous, and where errors were made.
We are ready to assist you will all your document preparation and execution needs. Call us today to schedule your free estate planning consultation.
Types of Trusts
- Testamentary Trust
- Living Trust, Revocable or Irrevocable
- Charitable Trust
- Special Needs Trust
Other Estate Planning Considerations
- Living Will
- Power of Attorney
- Business Succession Plan
- Life Insurance
- Tutorship or Guardianship
Successions & Probate
The estate administration process entails numerous legal and financial issues, including identifying and appraising assets, paying taxes, negotiating with and paying creditors, and distribute the estate to the heirs. Probate can be complex, but with an experienced succession attorney, you can avoid much of the difficulty and expense. If a loved one has passed and you need to open a succession, or if you have already been appointed as an estate administrator or the executor of a will, our probate and estate lawyers will work with you personally to protect your rights and lead you through the process.
Contested Wills and Estates