Lafayette Wills & Probate Lawyer, Louisiana

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Christopher L Trahan Lawyer

Christopher L Trahan

VERIFIED
Car Accident, Criminal, Personal Injury, Wills & Probate

You want a competent lawyer you can talk to. Call us and speak to a lawyer. We have more than two decades experience dealing with all jurisdictions ... (more)

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800-874-3180

Sean Matthew Stockstill Lawyer

Sean Matthew Stockstill

VERIFIED
Real Estate, Wills & Probate, Estate, Trusts, Collection

Mr. Stockstill graduated from Louisiana State University (B.A. 2005) and Louisiana State University Law Center (J.D./D.C.L. 2009). Admitted to the Lo... (more)

Barry J. Heinen

Personal Injury, Car Accident, Wills, Divorce
Status:  In Good Standing           

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Amy E. Boudreaux

Commercial Real Estate, Wills, Elder Law, Non-profit
Status:  In Good Standing           Licensed:  19 Years

Stuart Theron Welch

Living Wills, Business & Trade, Natural Resources
Status:  In Good Standing           Licensed:  17 Years

Tara Elwell

Wills, Trusts, Estate Planning, Business
Status:  In Good Standing           Licensed:  17 Years

Douglas Ransom Summerlin

Insurance, Landlord-Tenant, Personal Injury, Wills & Probate
Status:  In Good Standing           

Mary Shirer Romagosa

International, Wills, Gift Taxation, Estate
Status:  In Good Standing           Licensed:  40 Years

Marianna Broussard

Real Estate, Wills & Probate, Trusts, Family Law
Status:  In Good Standing           Licensed:  29 Years

Julie Carmel Bourque

Wills & Probate, Estate Planning, Child Custody, Felony
Status:  In Good Standing           Licensed:  20 Years

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LEGAL TERMS

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

SAMPLE LEGAL CASES

IN RE SIVERD

... Siverd. However, on November 28, 2007, Edward DuFaur filed a petition for probate of last will and testament, asserting that Holly Siverd in fact died testate, having executed a last will and testament on January 29, 2007. The ...

In re Succession of Davis

... [1]. An order admitting Davis's will to probate and authorizing letters testamentary to Cano was signed by a Texas court on June 20, 2006. ... 3401, et seq., and La. RS 9:2421, et seq. An order of probate was signed by the Louisiana court on January 11, 2007. ...

IN RE SUCCESSION OF DOUCET

... Beverly Sanders Doucet appeals a judgment that refused to probate a copy of the notarial will that her late husband executed naming her his sole universal legatee. ... Reiterating 741 that "it is not clear what became of the will," the court rejected Beverly's claim for probate. ...