Probate or succession is the court process of legally transferring property from one person to another based on someone’s will. When your loved one died and left you in charge of carrying out the instructions in their will, you may have many questions about what to expect during the process and where to start. A New Orleans probate lawyer can help answer your questions, so you do not have to go through this often-challenging process alone.
Our firm is well-versed in state probate law and understands the usual process for administering someone’s will. We can help you prepare to bring your case to probate court and represent you during the legal proceedings. Our experienced attorneys can also file documents and make phone calls (such as to debtors) on your behalf during the succession process.
What Is Probate?
Succession is the court process of carrying out someone’s instructions in their will after they die. It typically begins with someone locating the original will and filing it with the proper court. Then, the court looks at the will to decide if it is valid.
The court will identify the types of property included in the estate. Typically, this includes assets like houses and personal belongings but may not include life insurance or investment accounts. The primary reason is that life insurance policies and investment accounts allow a person to designate whom they want to receive these funds after they die.
Once the court identifies what is part of the estate, they divide the property based on the will’s instructions and the applicable law. During the succession case, people have the option to object to the will on legal grounds. A succession lawyer in New Orleans helps a family navigate the succession process and understand their legal rights along the way.
What Does a Probate Lawyer Do?
Probate lawyers perform many vital functions, such as representing people in court and helping people draft estate plans. The probate court proceedings can feel overwhelming and confusing for people because it begins with someone’s loved one dying. A New Orleans lawyer who handles probate cases can step in and serve as a comforting and knowledgeable resource during the proceedings.
Our attorneys can also help disinherited family members understand their rights and bring a lawsuit, if necessary, to enforce them. For example, when someone believes a family member or other person forced their loved one to change their will, the attorney can gather information to determine whether they have legal evidence to prove this. The attorney can compile this information and file it in court to challenge the will to avoid someone receiving property they might not be entitled to legally.
Call a Probate Lawyer in New Orleans for Assistance
During the probate process, the court determines who has succession rights to your loved one’s property and carries out the instructions in their will. You might find navigating the succession process overwhelming when you do not have a legal background. A probate lawyer can serve as your advocate and guide, explaining legal terms and giving you an idea of what to expect in court.
Our succession attorneys have years of experience helping families move through the probate process. We welcome the chance to get to know you and help you probate your loved one’s will in court. Call a New Orleans probate lawyer on our team today to schedule a consultation.
