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Probate law in New Orleans involves the legal process behind properly distributing a deceased person’s estate to his or her heirs. This process generally follows these basic steps:
If you’ve been named administrator of a loved one’s estate, it is encouraged that you seek advice from an experienced New Orleans probate attorney, as they will know the legal ins and outs of the process. Some of the services that a New Orleans probate lawyer can provide include:
If a person dies without a will, his or her assets will be distributed according to Louisiana law. The court will appoint an executor of its choice to oversee the distribution of the assets. Individuals can challenge the will, with the court making a decision as to the appropriate beneficiary for each asset.
According to information from the American Bar Association, the average estate completes the probate process within six to nine months after the initial filing in court. However, this timeline can grow quite a bit if there are challenges to the will or difficulties locating and appraising property belonging to the estate.
Not necessarily. If property is jointly owned, then ownership will remain with the surviving owner. Additionally, non-probate assets such as the proceeds from a life insurance policy, are payable upon death to the beneficiary specified in the policy.
It means that you disagree with the dispensation of assets in accordance to the will for a specific legal reason such as incapacity, fraud, undue influence, or duress. Contesting a will is a legal process of its own and one that requires court filings.