Blogs

Navigating the succession process after the loss of a loved one can be overwhelming, but with the guidance of an experienced attorney, it becomes more manageable. At Ciolino & Onstott, we help you understand the terms of the will, secure assets, handle debts, and complete the legal steps necessary to distribute inheritances. Our goal is to make the process as smooth and efficient as possible, giving you peace of mind during a challenging time.

1. Initial Consult with Your Attorney

If your loved one has a will, we will review it with you and explain its terms. In addition to directing who will receive their property, your loved one may have left other important instructions and information, such as burial wishes, and who should be their legal representative for handling their affairs. If your loved one does not have a will, then we will explain how your loved one’s estate will be handled under Louisiana’s intestate succession laws. We will also go over any information you have about the deceased’s assets and debts, and make a plan to complete the succession process as quickly and easily as possible.

2. Investigate and Secure Assets

After our meeting, we will want to inform banks and financial institutions of your spouse’s passing. You may need to update account ownership, close accounts, or retitle assets. Many of these tasks may not be possible until the succession is opened in the court, but it is still important to contact these institutions to protect the accounts from unauthorized withdrawals and confirm the existence of these assets for later. You should also understand that in Louisiana, unlike most states, joint accounts generally do not pass to the surviving account holder automatically, so joint account holders should not be using the funds in the account until the succession process is properly completed. We will also work with you to investigate if your loved one left any other assets, and take appropriate steps to protect them until the succession process is complete.

3. Handle Debts and Creditors

We will then investigate debts, notify creditors of your spouse’s death, and work with them to settle any outstanding debt. This might involve paying off loans, negotiating payment plans, or liquidating the deceased’s assets to pay the debt. We will provide guidance to you and your family on managing these obligations to protect your financial health.

4. Complete the Necessary Legal Processes

We will then file necessary pleadings to open, administer, and close the succession. At the end of the succession, the deceased’s affairs will be wound up, and judgments proving you and other heirs’ ownership of their inheritance will be issued. The particulars of this process vary widely from case to case, and can be extremely complicated. As your attorneys, it is our job to find these answers and help your family navigate the process, so you do not have to worry about it!

5. Put the Heirs Into Possession

When the steps above are complete, you will be ready to take possession of your own inheritance along with your loved one’s other’ heirs. We know that waiting on an inheritance can cause significant stress, so we strive to distribute inheritances as soon as possible; however it is impossible to give a timeline on when this will be done. In some cases, this can be within weeks of your initial consult, and in others it may take many months. Sometimes, certain heirs can be given their inheritances early in the process while others must wait much longer. Your attorney can usually advise you about what timeline to expect at your initial meeting. The goal is to take as much time as needed to complete the process properly, but no more!

6. Update Estate Documents

Finally, if you have an estate plan, especially if it was a joint plan with your spouse, now is the time to update your will, powers of attorney, and other relevant documents. If you do not have an estate plan, this is a very good time to have one done. Your recent experience with the succession process will give you important insight into how you would like your own affairs handled. It is important to take advantage of this experience and create a plan while this experience is fresh in your mind. We are happy to talk to you about these options as well.

Final Thoughts

The succession process can be very complicated and time-consuming, but with proper planning and assistance from qualified professionals, like the attorneys at Ciolino & Onstott, you can get to the finish line as quickly and painlessly as possible.

Losing a loved one is a profoundly emotional experience, and finding an attorney that you can trust to help you manage and settle their estate can be very stressful. However, hiring the right attorney can make the process faster, easier, and less stressful for you and your family. Here are a few tips to keep in mind as you look for legal support during this difficult time.

Understanding Succession in Louisiana

Before diving into how to choose an attorney, it’s helpful to understand what a succession entails. In Louisiana, succession (known as probate in other states) is the process of passing on a deceased person's property to their heirs, including collecting their assets, paying debts, and then transferring the remaining property to the heirs according to the law, or their Will. Often, but not always, the succession process requires an interested party (such as an heir or creditor) to open a succession proceeding in a Louisiana state court and appoint themselves (or someone else) as the representative of the estate. After that, the representative will gather all of the deceased’s assets (including collecting any debts owed to them), then settle any debts owed by the deceased. Once the estate is debt-free, the representative will distribute the remaining assets to the heirs according to the deceased’s will, or according to the law if there is no will. Once the debts are paid and the assets are fully distributed, the representative will need to file appropriate documents to close the succession. In some cases, this process is so simple that it can be completed within a few hours; however, successions with complicating factors, such as estate tax issues, conflicts between heirs, creditors attempting to collect unjust debts from the estate, or needing to sell real estate or other assets, may take months or even years to complete.

Why You Need an Attorney for Succession

While it’s possible to handle a succession in Louisiana without an attorney, it’s generally not advisable due to the complexity of the law and the cost, delay, and legal risks which can result from making seemingly small mistakes at any point during the process. An experienced succession attorney can:

• Help you determine the fastest and easiest way to complete the succession
• Help identify, gather, and value the deceased’s assets
• Help identify the decedent’s proper heirs, as well as advise on their rights and obligations
• Help you understand the law, including your loved one’s will, trust, or other estate planning documents 
• Draft and file the necessary documents with the court, ensuring that all legal requirements are met
• Negotiate with creditors and/or challenge their debts at court 
• Help you communicate complicated and difficult legal issues with your family, the heirs, and other interested parties
• Help manage and sell assets to pay debts and fairly distribute inheritances
• Provide peace of mind during a challenging time by making sure that your loved one’s estate is safe, and the legal process is moving forward, while the family takes time to grieve.

Steps to Choose the Right Succession Attorney

1. Seek Recommendations and Do Research

The best place to start looking for an attorney is by asking for recommendations from friends, family, or financial advisors who have been through the succession process. Personal referrals can be invaluable. Additionally, research online to find attorneys specializing in succession law in Louisiana. Look at their websites, read client testimonials, and check their credentials.

2. Investigate Experience and Expertise

Once you have a list of recommendations, you will want to do some more research on each of them to ensure that they have specific experience in handling successions. Louisiana’s legal system is unique, and there are a lot of intricacies to the succession process. It is important to choose an attorney with a solid background in succession law who will be equipped to navigate any possible nuances in your case. Check each of the attorneys’ websites and reviews to confirm that successions are one of their regular practice areas, and that they have a reasonable amount of experience. Sometimes it is not possible to find much information about an attorney on the internet, this is not necessarily a red flag, but it does mean you should explore the topic more thoroughly when you meet with them.

3. Schedule Consultations and Gather Information

Most attorneys offer an initial consultation, often free of charge. This consultation is an opportunity for you to get to know the attorney better and gauge their suitability. These consultations are your best opportunity to judge the attorney’s experience, communication, compassion, and suitability to you and your case before you hire them. You should also search through the deceased’s files and records and gather any wills, bank statements, title documents, bills and other documents related to the decedent’s assets and debts. Make note of any missing information so that you can ask your attorney if they are able to help you locate it later. 

4. Prepare and Attend Your Consultations  

In order to have a productive first meeting, you should prepare by gathering and reviewing all information about the deceased and their estate, as mentioned above, so that you can identify areas of concern, and are ready to provide as much information as the attorney may request. The first few minutes of the consultation usually involve introductions and a brief discussion of the facts of the case and primary concerns. The attorney may ask some questions for more information in order to properly evaluate your case, estimate costs and timelines, and so forth. There are a few important topics that you should keep in mind during this conversation, and you should be prepared to explore them if they do not come up naturally:

• First, you want an attorney who is knowledgeable and experienced with cases like yours. You may already have information about this, if you were able to find it through web searches in step 2. Nonetheless, you should still ask one or two general questions about the law and the process to confirm their experience and ability to communicate about the topic clearly. If you are dealing with any special problems, such as a disputed will, conflicts between heirs, time concerns, or a large or complicated estate, you should disclose those facts or concerns early in the conversation and ask about the attorney’s experience with and capacity to resolve those issues. For example, if time is of the essence in your succession, then you’ll want to tell the attorney about your pressing time concerns and confirm that they are available and capable of completing the process on time. If you are dealing with challenges to a will, or conflicts between heirs, you should confirm that the attorney has experience litigating disputed successions and ask how they have resolved similar disputes in the past. However, you should avoid asking for specific legal advice on your case. It is difficult, and in many cases unethical, for an attorney to give legal advice to a potential client during a free initial consultation. You should not hold it against them if they refuse to answer a question that asks for legal advice, but they should be able to answer general questions about the law, or explain how they have handled similar issues in the past, to demonstrate their experience and understanding. 
• A good attorney should not only be knowledgeable but also communicative and compassionate. Pay attention to how responsive your attorney and their staff are to your calls and emails before, during, and after the consult. Are they easy to get a hold of? Do they communicate information clearly? Are they attentive, understanding, and willing to answer your questions? Do you feel comfortable talking to them? Successions can be long, stressful, and emotionally difficult. You may also need to discuss difficult or unpleasant facts with your attorney so that they can properly advise you. It is important that you trust your attorney, feel that they are accessible to you, and that you feel comfortable communicating with them openly about any topics that may come up.
• Understanding the attorney’s fee structure is crucial to avoid any surprises. Attorneys may charge a flat fee, hourly rate, or a combination of both. Ask for an estimate of the total cost and inquire about any additional expenses that may arise. Make sure you are comfortable with their billing practices and that they fit within your budget.
• Finally, you should also make sure that the attorney’s typical practices suit your preferences. Ask about how you will be able to ask them questions, schedule meetings, share documents, and how your case will be managed in general. Most of these issues will not be deal-breakers, but may help you select an attorney who is a better fit for you amongst similarly qualified candidates.

Based on your priorities and preferences, you should prepare a list of questions to ask during the consultations to cover your most important concerns, such as:

• How many years have you practiced succession law in Louisiana?
• Can you explain the succession process and timeline?
• Have you handled cases like mine before?
• How do you handle disputes among heirs?
• What is your availability for calls and meetings?
• Do you prefer to communicate by phone, email, or in-person?
• Does your firm offer/require any special software for me to communicate with you or keep track of my case?
• If something happens to you, is there someone at your firm that can continue my case?
• What are your fees and billing practices? 

Make notes about their answers to those questions so that you can review them later. Keep in mind that free consults are often 30 minutes or less, and it will take some time for you to  explain the facts of your case so you should focus on asking direct questions about the topics that you care about the most before you run out of time.

Making the Decision

After meeting with potential attorneys and gathering all necessary information, take some time to reflect on your options. Choose the attorney who not only has the right experience and expertise but also makes you feel supported and understood. Remember, this is someone who will guide you through an emotionally difficult time in your life.

Final Thoughts

Choosing the right attorney to open a succession in Louisiana is a crucial step in ensuring the process goes smoothly and in accordance with the law. By taking the time to find an experienced, compassionate, and communicative attorney, you can ease some of the burdens during this difficult period. Your peace of mind and the respectful handling of your loved one’s estate are paramount. Ciolino & Onstott has years of experience providing compassionate legal support and representation for families throughout Louisiana dealing with the loss of a loved one. When you are ready, we hope that you call us, or use the link above, to schedule a free consultation about how we can help you and your loved ones through this challenging time.