Preparing for the Future
Having your wishes legally documented can be one of the most meaningful gifts you can give to your loved ones. Doing so can ensure they receive their inheritance without issues, legal battles, or other problems.
Whether you’re preparing your own will, appointing a trusted person to make decisions for you, or navigating the estate of a deceased family member, having a knowledgeable Louisiana will and succession lawyer by your side makes the process smoother and less stressful while also ensuring full legal compliance.
Attorney Camille Patti understands everything you are facing and is here to guide you through the process. From drafting simple wills to handling successions through independent or court administration, she takes pride in offering thoughtful guidance and skilled representation every step of the way.
Every person should have a legal will to record their final wishes and prevent disputes during the succession process.
But despite having the best of intentions, many make mistakes with their wills. These common mistakes include:
There are strict rules for notarial testaments in Louisiana and courts may declare improperly drafted wills invalid and unenforceable, making it as if you had no will at all. Having a properly drafted will is crucial to avoid problems and to ensure your wishes are fully honored.
The good news is that acquiring a valid will in Louisiana doesn’t have to be complicated or expensive, thanks to New Orleans Wills & Succession Attorney Camille Patti.
Camille is ready to help families and individuals avoid the pitfalls and complexities of not having a properly drafted will in place. Her knowledge and guidance will empower you to make the best decisions regarding your assets and other matters in an easy, affordable way.
Often referred to as “probate” in common law states, succession in Louisiana is the process of administering a deceased person’s estate. This includes transferring their property to heirs, paying off debts, and handling other administrative tasks.
Successions can range from being relatively simple to very complex, depending on what arrangements the deceased made before their death, the size of their estate, and whether heirs agree on how to proceed.
If a person dies without a will, the Louisiana Civil Code will determine who inherits an estate. In these situations, each person’s unique family situation will dictate how their estate is divided, which may or may not be how the decedent wanted it.
To avoid this undesirable outcome, there are simple, affordable ways to ensure that a person’s wishes and desires are honored, whether that pertains to the medical treatment they receive or what is done with their estate.
Attorney Camille Patti provides invaluable services to protect you and your family’s legacy. This includes powers of attorney, simple wills, living wills, and small successions by affidavit.
Also called a mandate, a power of attorney (POA) is a legal document that allows you to appoint an agent to manage your financial or medical affairs if you become unable to do so yourself.
There are various types of powers of attorney in Louisiana:
General Power of Attorney
A General POA grants authority over your financial, legal, and personal matters. The agent can handle nearly all affairs outside of those restricted by law or the document.
Durable Power of Attorney
This grants a person broad authority to handle matters such as banking, real estate, and taxes. It remains in effect even if you become incapacitated.
This contrasts with a Non-Durable Power of Attorney, which is typically used for temporary or one-time transactions and ends if you become incapacitated.
Medical Power of Attorney
This allows someone to make healthcare decisions on your behalf, including treatment preferences and end-of-life care. These are often used alongside a living will, which are discussed in greater detail below.
Financial or Real Estate Powers of Attorney
As the names imply, these types of POAs allow an appointed person to handle matters in their respective categories: a Financial POA allows the agent to manage bank accounts, pay bills, file taxes, handle investments, etc, while a Real Estate POA allows the agent to buy, sell, or manage property.
Military Power of Attorney
This is a common arrangement that enables active-duty service members to appoint an agent to care for affairs while they are deployed.
Since unexpected events can impact any of us, having a valid power of attorney in place can prevent costly and time-consuming guardianship proceedings later on.
Camille Patti can help you create and execute a power of attorney that is clear, legally enforceable, and tailored to your unique wishes and circumstances.
Many Louisiana residents only need a relatively simple notarial will to ensure their wishes are honored after their passing. This affordable legal tool details how assets are to be handled and distributed, along with avoiding stressful situations for family members of the deceased.
A simple will allows you to:
However, for a simple notarial will to be valid in Louisiana, it still must meet specific legal requirements.
New Orleans Will Lawyer Camille Patti offers affordable, simple wills, helping ensure that your estate is distributed in a way that reflects your intentions while also avoiding discord and legal issues for your loved ones.
Also called an advance directive, a living will documents what your wishes are regarding life-sustaining treatment if you are unable to communicate.
Living wills help individuals avoid their own prolonged suffering and relieve family members from making difficult decisions during stressful, emotional times.
In Louisiana, a living will allows you to:
Living will lawyer Camille Patti is ready to help you create a living will that clearly communicates your wishes, values, and medical preferences.
Louisiana offers a simplified alternative to complicated formal succession proceedings when there is a small estate involved. This is known as a small succession by affidavit.
The small succession affidavit allows heirs to transfer a title to property such as a home, bank account, or vehicle without opening a full succession in court.
These are often used by surviving spouses or adult children who need access to assets without the expense of a full administration.
This process is available when:
Camille Patti can affordably prepare and file a small succession affidavit for you that meets Louisiana’s strict legal requirements, allowing you to claim what you’re entitled to quickly and efficiently.
Formal succession proceedings may be needed if the deceased had a will, a sizable estate, or certain types of assets. These proceedings will be either independent or under court supervision.
Independent Administration
If it’s allowed in the will or all of the heirs agree, an executor can be appointed as an independent administrator to directly handle the estate.
This allows the executor to manage and distribute estate assets without seeking court approval for each action. This greatly simplifies matters, streamlines the process, and reduces legal costs.
Benefits of independent administration include:
Court-Supervised Administration
As the name suggests, a court-supervised administration requires an attorney to file a petition to do every step in administering an estate. That means a petition is required to sell any asset or property or to pay any debts.
Court supervision may be required if the will doesn’t authorize independent administration or the heirs don’t agree to it. As a result, the court must approve any significant action.
Will and Succession Attorney Camille Patti understands how to avoid problems and costs when making important estate choices.
She’ll assist you with petitioning the court to open an independent administration and guide you through the process of inventorying assets, paying debts, and distributing property. Camille will also handle filings, hearings, and notices in order to ensure full legal compliance at each step.
At times, rightful ownership of a property in Louisiana may be disputed or unclear. This can pose a problem for a number of reasons. For example, disaster-prone areas of Louisiana rely on clear property ownership to access federal disaster funds.
Unclear property ownership may occur for a number of reasons:
In these and other situations, a quiet title action allows ownership to be officially established in court.
Camille Patti is ready to handle each step involved in a quiet title action, which includes handling the title search, filing the complaint, serving the notice, and handling all court proceedings.
Every person is unique, and so is every estate. New Orleans Wills & Succession Lawyer Camille Patti is ready to simplify and clarify even the most complicated estate planning issues, often saving you money in the process.
If you have questions about wills, successions, powers of attorneys, or any other estate planning in Louisiana, trust Camille to provide the guidance and legal help you need.
If you’re ready to move forward with your will and succession plan or simply need questions answered, then contact Camille Patti today.
Camille’s personal concern and care for each client enables her to provide the experienced guidance needed to make weighty decisions and to produce the best outcomes for you and your loved ones.
Call us today at (504) 321-3364 or use our contact form.
