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So far Legacy Law Center has created 69 blog entries.
12 06, 2017

It May Be Time To Update Your Will

By | 2018-01-29T13:08:05-06:00 June 12th, 2017|0 Comments

Even if you already have a Will or other important Estate Planning documents like Powers of Attorney, it may be time for an update. The estate laws in Louisiana are constantly changing and it is essential that you keep abreast of these changes so you can ensure that your estate planning documents grant your family the full rights allowable under Louisiana law. Our firm has encountered many families who sat back with Wills and Powers of attorney drawn up 20 years ago, and their powers of attorney were rejected because they were too old or their Louisiana successions were riddled [...]

8 06, 2017

Tutorship In Louisiana

By | 2018-01-29T13:08:05-06:00 June 8th, 2017|0 Comments

In most states, you commonly hear the term legal guardian to describe the person that cares for and is responsible for a minor child. The legal guardians could be parents, other relatives, or court appointed caregivers. In Louisiana (because we like to be different), this legal guardianship is known as tutorship. Tutorship occurs most often when a child’s parents get divorced or one or both of the child’s parents dies. Tutorship almost always involves court confirmation, and there are certain rights and duties held by the tutor.There are four types of tutorship in Louisiana. First, there is what is known [...]

7 06, 2017

Many Americans are Living Without a Will

By | 2018-01-29T13:08:05-06:00 June 7th, 2017|0 Comments

During a recent speaking engagement, a gentleman posed the question to me, “How many people are living without a will?” I was taken aback by this question because I honestly did not know the answer. I have spent all my time preaching the importance of having proper Estate Planning, but didn’t realize how high the level of need is for professional estate services. When I got home, I immediately checked to see if I could find any statistics to indicate the number of Americans without a will, and the results were surprising.According to studies performed in 2007 and 2008 by [...]

6 06, 2017

The Importance of Special Needs Trusts in Louisiana

By | 2018-01-29T13:08:05-06:00 June 6th, 2017|0 Comments

Special Needs Trusts are a great tool for protecting your disabled relatives and ensuring their eligibility for valuable Federal Medicaid programs. This article is designed to inform you as to how these trusts are created and administered, and most importantly, to inform you of the benefits of these Special Needs Trusts.Individuals with certain disabilities can receive federal benefits including money for their support and medical expenses from various Medicaid programs. Medicaid is a system set up by the US government specifically designed to assist low income individuals (this is not to be confused with Medicare, federal health insurance for the [...]

5 06, 2017

Louisiana Small Successions

By | 2018-01-29T13:08:05-06:00 June 5th, 2017|0 Comments

Throughout my course work and study of Louisiana Estate law, there was one area of estate law that was only briefly touched upon, and seemed rather insignificant in the whole scheme of things. That seemingly insignificant Louisiana Code provision dealt with small successions. I figured, I’ll never see this in my legal career so I didn’t study the law regarding small successions with too much vigor.Well lo and behold, last week we met with a client who’s father recently passed away and was eligible for the Louisiana small succession. The client was looking to open his father’s succession and was [...]

2 06, 2017

Successions Happen Twice for Married Couples

By | 2018-01-29T13:08:05-06:00 June 2nd, 2017|0 Comments

One of the major issues you should consider when planning for you and your spouse’s passing is the court supervised succession procedure because this will be needed at both spouse’s deaths if not properly planned for. One of the main goals we encounter with married couples involves avoiding the succession altogether by setting up a Revocable Living Trust. The Revocable Living Trust is used to allow for immediate transfer of control over your property to your spouse and ultimately to your heirs without any court supervision.Why would you want to avoid a succession? A court supervised succession procedure costs at [...]

1 06, 2017

Ancillary Successions in Louisiana Explained

By | 2018-01-29T13:08:05-06:00 June 1st, 2017|0 Comments

Recently, I received a call from an attorney in Mississippi who needed some assistance with probating a will for a deceased Mississippi resident who held property in Louisiana. Probate is the term used to describe the court procedure that distributes a person’s estate to the heirs after his or her death. In Louisiana we use the term succession to describe this same court supervised process, but ultimately the result is the same, distribution of the person’s property according to his or her will.Typically, only one probate or succession procedure needs to take place because most people only own property in [...]

31 05, 2017

What Age is Right For a Revocable Living Trust?

By | 2018-01-29T13:08:05-06:00 May 31st, 2017|0 Comments

Following a recent Living Trust and Estate Planning event in Covington, an attendee in her early 50′s asked me, “when is the right age to set up a Living Trust in Louisiana?” There is more than one right answer to this question, but generally, the older you are, the more attractive a living trust will be for you and your family. A Living Trust is used to avoid the court supervised probate succession procedure that usually must take place after your death. In order to avoid probate, your trust must be funded with all of your property that would otherwise [...]

26 05, 2017

Be Careful! An Inheritance Trust May Increase Louisiana Child Support Payments

By | 2018-01-29T13:08:05-06:00 May 26th, 2017|0 Comments

Yesterday, I met with an estate settlement client in our Metairie office whose mother recently passed away, and he was set to receive a large inheritance from his mother’s estate. His greatest concern was the effect this Louisiana inheritance would have on his current child support payments.On the surface, Louisiana child support laws seem to keep inheritance money out of the child support calculation because inheritance is not considered income to the heir. However, the law leaves some wiggle room for Louisiana judges, and courts have taken full advantage of this wiggle room to include inherited assets when determining child [...]

25 05, 2017

Revocable Living Trust Planning…Is It Really Worth It?

By | 2018-01-29T13:08:05-06:00 May 25th, 2017|0 Comments

Yesterday afternoon I met with an older couple from Lafourche Parish to finalize and sign their Louisiana Revocable Living Trust documents. This couple owned many parcels of real estate in the Houma/Thibodaux area, and ultimately it was a difficult task for our firm to track down all the real estate they owned. As a result, the process of completing their trust took much longer than the 4-6 weeks it typically takes to establish a Louisiana Revocable Living Trust. At the end of the meeting, the wife asked me, was all this work really worth it?Without a doubt the answer was [...]