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How To Avoid Probate Court In Louisiana

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How To Avoid Probate Court In Louisiana
Dealing with probate can be a long and frustrating process. In our latest post, learn how to avoid probate court in Louisiana!

You have to be an attorney to like going through the probate process. The process is nerve wracking, to say the least, especially if you plan to sell the inherited property after your loved one passes. But if you plan ahead of time, you might can be able to avoid probate altogether, giving your extended family peace of mind so they can deal with the important family matters of extending your loved one’s legacy rather than messing with the details of a real estate transaction.

Hidden Costs You Can Face When Inheriting a Property in Louisiana-I'm ready to fill out the form

Disclaimer: This article is just general information. We are not attorneys. You should always consult an attorney or financial advisor knowledgeable about this area of the law about your particular situation.

Why Avoid Probate?

You should generally try to avoid probate in Louisiana for several important reasons. First, various costs like attorney fees, appraisal fees, court expenses, and executor fees will pile up quickly. Sometimes, the executor will waive the fee to keep good relations within the family. Also, going through probate can take a long time. You will have to list all the belongings and heirs, to the satisfaction of the court, and make sure everyone is informed. Before any inheritances can go to beneficiaries, debts must be settled. Dealing with probate isn’t something you want to do if you can avoid it.

Using A Trust

How To Avoid Probate Court In Louisiana Couple discussing probate
You avoid many problems and fees by avoiding probate.

A trust can be created to make sure their things don’t need to go through probate. With a revocable living trust, certain items can stay out of probate. The trust must be created while the person is thinking clearly and can choose what goes into it. Imagine the trust as a container where all the things they want to keep safe are put aside and looked after. Of course you should get legal counsel before proceeding with this option.

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Joint Ownership

When someone buys a home together with another person, they can create a joint ownership agreement. This agreement includes the right of survivorship, which means if one owner passes away, the property automatically goes to the surviving owner without needing probate. It’s crucial to establish this arrangement when buying the property because adding someone to the deed later on might involve additional costs.

Beneficiary Designations

When you start a bank account or get life insurance, you pick someone called a beneficiary. This helps skip probate when you die. In real estate, some states allow a Transfer on Death Deed (TODD). However, Louisiana is not one of them, unfortunately. You will read on other websites discussing the TODD in Louisiana, but it is not possible here. For more information click here. Make sure to keep your beneficiary information updated. Some people forget to change it after a divorce or when someone dies, which might lead to probate or their ex getting everything. So, keep good records!

A Note from Becky

Avoiding Probate

One reason when managing the end of life matters for my parents and mother-in-law was that the family was stable and there was broad consensus that we wanted to avoid the courthouse and lawyers. We mainly did just what is described in the previous paragraph. Since our parents sold their houses before death, no trust was required. The amount of money was not in the millions, so we managed everything just fine. If it was in the millions, our parents would have opted for the next paragraph, giving it all away.

I’m not a financial advisor. I’m just saying what we did. And we made those decisions with financial planners in the family as well as a lawyer, so again, I urge you to seek good counsel on this.

If you’d like to talk to us, whatever your situation is, we’re hear to listen to your story and tell you our honest opinion. You can fill out the form below, or simply call us at (504) 732-1988. I can promise we’ll be honest and upfront with you.

Stay strong, do the right thing, and love your family with all your heart!

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Giving Inheritance Away

Before you die, you can choose to give most of your things to family or others. If you don’t own it when you pass away, it doesn’t need to go through probate. Things worth $18,000 (in 2024) or less can be given without any federal tax fees. You can gift this amount to one person each year and this can help lower the value of things that must go through probate.

Avoiding Probate for Smaller Estates

How To Avoid Probate Court In Louisiana couple wanting to avoid probate
No matter the size of your estate, planning benefits everybody.

In some places, it’s easier to skip probate if you have a small estate when you pass away. The definition of small varies from state to state. In Louisiana, it is $125,000. The average price for a house in Louisiana is $202,000 and in New Orleans is $247,000 (Zillow). So take measures for you and your family to avoid probate if you can.

Avoiding probate in Louisiana can really help heirs more than they know. Dealing with the fees, costs, and stress is a lot to handle.

Looking to learn more? Contact us to see how to avoid probate court in Louisiana!


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Hidden Costs You Can Face When Inheriting a Property in Louisiana-I'm ready to fill out the form

Disclaimer: This article is just general information. We are not attorneys. You should always consult an attorney or financial advisor knowledgeable about this area of the law about your particular situation.

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