Even the clearest and best thought-out estate plans cannot completely mitigate the possibility of disputes. The stakes in a succession can be high – emotionally, financially, and legally – so you don’t want to go it alone. Whether there is concern over the validity of a will, a power of attorney contested, or the actions of an executor, a contested probate attorney in Metairie, LA can help you ensure your final wishes are carried out.
How Can a Lawyer Help Resolve Disputes Over an Estate?
Disputes can arise during the succession process for several reasons. The first, and most human reason, is that this is an emotional time. In the aftermath of a death, people are still grieving, often emotionally and physically exhausted, and thrown together with all their extended family members. This set of circumstances can cause tensions to rise, old family squabbles to flare up, and other actions that would probably not happen if everyone were happy, well-rested, and thinking clearly.
If you are involved in any sort of disagreement over an estate, whether as an heir, another beneficiary, or an executor or succession representative, a lawyer can help clarify your own legal position and advise you on the next steps to take. One of the reasons why you need a qualified Louisiana estate lawyer to help you, rather than general advice from the internet, is because our state law process is not like that of other states. We can also assist with related planning matters, such as updating your will or trust or creating a revocable living trust to reduce the likelihood of future disputes.
Succession in Louisiana
In Louisiana, the legal process of distributing a deceased person’s estate is called succession. In other states, this is called probate. Though the goals of probate and succession are the same, and involve many similar steps, there are still differences in the two processes and the rules governing them. This difference, along with others in Louisiana law, is a result of Louisiana’s Civil Code, which is unique among the states. Our law is derived from French and Spanish civil law traditions rather than that of English common law.
Terminology
One of the key differences between Louisiana succession law and probate law in other states is the terminology. Whereas elsewhere an estate might have an “executor,” here a person’s Last Will and Testament will have designated a “succession representative.” In Florida, your lawyer might file a “petition to probate a will,” but we file a “petition for possession.”
How a Lawyer Resolves Estate Disputes
Our role in resolving estate disputes can be both preventive and interventionist, depending on when we become involved.
Assessing the Validity of the Will
We can examine whether the will is legally valid. Firstly, we will ascertain whether it meets Louisiana’s formal requirements. The Louisiana Civil Code mandates that a notarial will must be executed in a specific format with witnesses and a notary. We can also try to discover whether grounds might exist to contest the will based on fraud, coercion, or lack of testamentary capacity.
Handling Will Contests and Objections
If a dispute arises, we can initiate or defend a will contest. This is a formal legal proceeding that challenges the legitimacy of the will. Having assessed the case, we will gather the evidence necessary to support a strong legal argument.
Advising on Louisiana-Specific Issues
There are a number of laws relating to succession that do not exist in any other state. The most well known of these is forced heirship. This is a provision that mandates a portion of the estate be reserved for certain heirs, such as children under 24 or those with disabilities. Disputes can arise over whether forced heirship applies or if a forced heir has been deliberately disinherited.
The second law that can cause disputes over an estate is that of usufruct. Usufruct gives a spouse (called the usufructuary) the right to use and enjoy the benefits of their deceased spouse’s real estate and assets for as long as they live. After the surviving spouse also dies, the property reverts to the heirs. Disputes can arise in cases where spouses were separated but not divorced, or in cases where the heirs believe that the usufructuary is damaging the property or depleting its core value.
In both these cases, along with others, it is important that you have a lawyer who is experienced in Louisiana succession cases so that they can properly address all disputes.
Mediating Family Disputes
While it is not our job to be family counselors, we can often to help calm down emotionally charged situations. We want the best resolution for our clients, and that often includes resolving the legal issues whilst preserving as much of the family relationship as possible. We can help to provide a tactful, but sometimes assertive, buffer to prevent argument from escalating to full litigation. This can save time, expense, and emotional strain.
Interpreting Ambiguous Wills
Sometimes disputes arise because beneficiaries do not like the contents of a will, but sometimes they come up because wills are poorly drafted and are confusing or contain conflicting clauses. As experienced estate lawyers, we can petition the court for a judicial interpretation (or declaratory judgment) to clarify the testator’s intent and apply relevant legal doctrines.
Protecting the Estate’s Assets
We can help to preserve the value of the estate by ensuring proper asset management and defending it against fraudulent claims or misappropriation. If you believe that assets were wrongly transferred prior to your loved one’s death, we can investigate and pursue recovery of those assets.
Challenging or Defending the Succession Representative
A contested probate attorney can represent you if you are seeking to remove a succession representative or administrator for misconduct. Conversely, we can also defend a fiduciary who is unfairly accused, to protect them and their reputation and ensure that they are permitted to stay in that position and continue to manage the estate appropriately.
Why a Specialist Contested Probate Attorney Matters
While any licensed attorney can technically handle a succession, those who specialize in succession issues bring distinct advantages to their clients. We are used to dealing with issues of process, testamentary capacity, fiduciary disputes, and complex asset division. Moreover, our focused sphere of experience allows us to anticipate potential issues and respond strategically.
When Should You Seek Metairie, LA Legal Help?
Sooner is better than later, but later is better than never! Engaging a lawyer early in the process can prevent minor misunderstandings from escalating into major conflicts, but even if they have escalated, it is never too late to get help. Here are a number of reasons why you might want to call us:
- You suspect the will is invalid or fraudulent
- You’re being unfairly excluded from an inheritance
- The succession representative is withholding information or mismanaging assets
- There’s disagreement over property division among heirs
- Forced heirship rights are in question
- You want to challenge or defend a fiduciary
- You simply don’t understand your rights in a succession
From drafting wills and other documents to ensure clarity and enforceability to asserting a client’s right to heirship, experience and care are our watchwords. Our aim is to exercise that knowledge and compassion to bring peace of mind to every client.
Contact Our Louisiana Estate Planning Law Firm For Help Today
If you are planning for the future or need guidance with wills, trusts, or probate in Metairie, Louisiana, contact the experienced estate planning attorneys at WJ Blanchard Law to schedule a consultation and protect your family’s legacy today.
We proudly serve New Orleans, Jefferson Parish, and the surrounding areas:
WJ Blanchard Law
2800 Veterans Blvd Suite 257
Metairie, LA 70002
Phone: (504) 313-7478
Hours: Mon-Fri 09:00-17:00
Our firm is located near you. We have an office in Metairie
Find us with our GeoCoordinates: 30.0014913,-90.1498979,893
