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When it comes to estate planning in Louisiana, many people focus on creating a last will and testament. While a will is a valuable legal tool, it does not avoid the succession (probate) process in Louisiana and may still lead to disputes, such as contesting a will or having a power of attorney contested. If you’re looking for a more efficient and private way to pass your assets to loved ones, you might consider a revocable living trust. This powerful estate planning instrument can help your family bypass the succession process, avoid delays, court costs, and public court proceedings.
Working with a revocable trust lawyer in Metairie, Mandeville, Covington, or Madisonville could make a significant difference for your estate. Contact our office today at (504) 313-7478 to schedule a consultation.
A revocable living trust is a legal arrangement that allows you to transfer ownership of your assets into a trust during your lifetime. You (the “grantor”) typically serve as the initial trustee, maintaining full control over the assets. The trust is “revocable” because you can change its terms, add or remove assets, or dissolve it altogether while you’re alive.
After your death, the trust becomes irrevocable, and a successor trustee (someone you appoint) takes over to manage and distribute the assets to your chosen beneficiaries, according to your instructions in the trust document.
In Louisiana, the probate process is called succession. If you pass away owning property solely in your name, your heirs must go through succession to transfer that property, even if you had a valid will. Succession can be time-consuming, expensive, and public.
A revocable living trust avoids this by transferring ownership of your assets into the trust before your death. Since the trust, not you as an individual, owns the assets, there’s no need for those assets to pass through succession. Your successor trustee simply follows the instructions in your trust and distributes the property to your beneficiaries, no court proceeding required.
By ensuring these assets are titled in the name of the trust, your loved ones can receive them quickly and without court approval.
If your estate plan consists solely of a will, your family will have to open a succession proceeding after your death. This process:
Even if your heirs agree on everything, the law still requires legal steps before assets can be transferred. In contrast, a properly funded revocable trust bypasses all of this.
Louisiana’s civil law system is different from the rest of the country, and estate planning here has its own quirks. For example, Louisiana does not recognize joint tenancy with rights of survivorship, and its forced heirship laws may affect how you distribute assets.
At WJ Blanchard Law, our revocable living trust lawyer in Metairie, Mandeville, Covington, or Madisonville can help you:
At WJ Blanchard Law, we help Louisiana families take control of their estate plans. If you want to avoid the delays and complications of succession, a revocable living trust may be the right option for you. Let our experienced revocable living trust attorneys help you protect your assets, ensure your wishes are honored, and provide peace of mind for your loved ones.
Whether you’re just getting started with estate planning or need to update an existing plan, we’re here to help. We proudly serve clients in Metairie, Mandeville, Covington, and Madisonville, and throughout Louisiana.
Contact our office today at (504) 313-7478 to schedule a consultation.
Q1: What is a revocable living trust?
A: It’s a legal tool where you place assets into a trust while staying in control. After your death, a successor trustee distributes assets to your beneficiaries.
Q2: How does a trust avoid succession in Louisiana?
A: Assets in the trust are not part of your estate, so heirs can receive them without court involvement, avoiding delays, costs, and public proceedings.
Q3: Who should consider a revocable living trust?
A: Anyone with property, savings, or investments who wants to protect their estate, ensure privacy, and reduce the risk of disputes among heirs.
Q4: Do I still need a will if I have a trust?
A: Yes. A “pour-over will” catches any assets not in your trust to make sure everything is managed according to your wishes.
Q5: Why work with a Louisiana revocable living trust lawyer?
A: Louisiana’s civil law is unique. A lawyer ensures your trust is compliant, properly funded, coordinated with your estate plan, and updated over time.