What is a Testate Succession? In Louisiana, when a person dies without a will, it is known as a testate succession. Per La. Civ. Code art. 874, a testate succession results from the will of the deceased, contained in a testament executed in a form prescribed by law. Per La. Civ. Code art. 1469, a donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. A donation mortis causa is revocable during the lifetime of the donor. The will may provide for a
Category: Legal News
We handle all types of family law cases, including divorce, custody, child support, spousal support, community property partitions, paternity, and more. We also offer estate planning services including the drafting of wills, trusts, powers of attorney, living wills, and more. Our probate attorneys can help with all your succession needs. We also handle personal injury claims and expungements on a routine basis. Finally, our creditor’s rights team handles collections, repossessions, foreclosures, and evictions statewide. Here you will find legal news and the latest happenings concerning our practice areas and the law in general.
Trusted New Orleans Estate Planning Lawyers: You spent your whole life working hard and building an estate to be proud of. To be sure that estate transfers to seamlessly, a solid estate plan is paramount. An estate planning lawyer is an attorney who specializes in assisting families and individuals with planning for the transfer of their estates to their heirs. An experienced estate planning attorney not only drafts the necessary documents but offers guidance as to which instruments will best suit your situation and meet your estate goals. Our New Orleans estate planning attorneys will advise you on the difference
Louisiana Spendthrift Trusts Explained: A trust is a legal document between a person creating the trust (the grantor) and the person or entity managing the trust and its assets (the trustee). A grantor may also be referred to as a settlor or trustor. A trust also has beneficiaries, who under the terms of the trust, will receive certain assets from the trust. A “spendthrift” trust allows the grantor to shield assets from creditors and ensure that beneficiaries do not receive all of the grantor’s transferable assets in one lump sum upon their death. It’s a crucial estate planning tool that
Trusted New Orleans Family Lawyers: Family law matters can be highly stressful and emotional. When you find yourself in need of a family law attorney, it is important to find one with compassion and understanding. Our family lawyers have just that, along with decades of experience. A family lawyer is an attorney who specializes in assisting families and individuals in a wide array of domestic matters including divorce, custody, child support, spousal support, community property, pre-nups, protective orders, paternity, adoption, tutorship, and interdiction. An experienced family law attorney is needed to identify the issues, gather and organize the relevant evidence, and
Louisiana Non-Disclosure Agreements: Confidentiality is extremely important in the corporate world. Business plans, customer lists, marketing strategies, plans for a new product, pricing plans, proprietary processes, trade secrets, and other information that gives the company a competitive edge are examples of confidential information that is subject to non-disclosure agreements. Businesses can preserve their creative ideas and strategic benefits and get a clear competitive edge in the market by being able to keep private information secret. What is a Non-Disclosure Agreement? A non-disclosure agreement (NDA) is a formal contract that allows one party to share private information with another party. It
Jefferson Criminal Record Expungement Lawyers: An expungement lawyer specializes in assisting individuals in sealing their criminal records. People make mistakes. It will be more difficult to find employment, housing, and loans with an arrest and conviction record because those transgressions will appear on your background check. An experienced expungement attorney is needed to determine eligibility, obtain the necessary documentation, file the paperwork, and attend any hearings. If you have been arrested or and/or convicted, you should call an expungement lawyer to help you expunge your record and move on after your regrettable mistake. What is an Expungement? Per La. Code
New Orleans Estate and Succession Lawyers: A succession lawyer is an estate attorney who specializes in assisting families and heirs in obtaining their inheritance through the probate process. An experienced succession attorney is needed to identify the rightful heirs, determine whether there are forced heirs, appraise assets, identify creditors, and distribute the estate. As a result, a probate lawyer can help you navigate Louisiana’s unique and extensive succession laws. During the initial appointment, a Louisiana succession lawyer will examine your loved one’s estate planning documents, their assets, their debts, and familial relationships. After that, the succession lawyer will prepare the
Louisiana Medicaid Asset Protection Trusts Explained: A Medicaid Asset Protection Trust (“MAPT”) is one kind of irrevocable trust intended to safeguard assets in order to qualify for Medicaid. Nursing homes and other long-term care facilities are usually not covered by standard health insurance, so people must either pay for them out of pocket or qualify for Medicaid, which has requirements related to income and asset limits. Medicaid only covers your long-term care if you are below the asset limits. Any assets beyond the asset limit would first need to be liquidated and used for your care. However, if assets are
Trusted New Orleans Collection Lawyers: Bowes, Petkovich & Palmer, LLC is a leader in legal collections in the state of Louisiana. Our New Orleans collection lawyers handle many different types of collection accounts for many national, regional, and local creditors. Our creditors’ rights team has developed an expertise in asset location, skip tracing, litigation, and post-judgment collections. Types of Accounts that Our Collection Lawyers Handle: Consumer Collections: Our New Orleans collection lawyers routinely collect and file suit for delinquent credit cards, personal loans, auto loans, boat loans, RV loans, payday loans, lines of credit, and over-drafted bank accounts. We represent
The Louisiana Interdiction Process Explained: What is Interdiction? Interdiction is similar to guardianship and continuing tutorship. It’s an order from the court that gives you, or someone else, the legal right to make decisions for your adult child or relative. Interdiction is only for people who do not have the mental capacity to care for themselves or make their own decisions. This is the last option to consider because it takes away a person’s legal rights to make decisions about their life. It is the most restrictive option. The court will name a curator (guardian) to take care of your adult child