Acadia Parish Probate Litigation Lawyer

Acadia Parish Probate Litigation Attorney

Probate, known as succession in Louisiana, is a legal process through which the assets and debts of a deceased individual are categorized, settled, and distributed to their loved ones. During this procedure, various disputes may come up. Regardless of which party you may be in a probate issue, it’s strongly recommended that you consult a qualified Acadia Parish probate litigation lawyer.

What to Know About Gibson Law Partners, LLC

At Gibson Law Partners, LLC, our team of dedicated attorneys has more than 170 years of combined legal experience. We can use this well of knowledge and skills to guide you through your case. Whether you’re an executor, a trustee, a beneficiary, or a family member, we understand how difficult and overwhelming probate matters can be after the death of a loved one. Our firm can address any litigation issues that may arise.

Understanding Probate in Louisiana

In Louisiana, probate is known as succession, and the process is initiated in a parish district court upon a person’s death. Probate entails:

• Validating the individual’s will
• Identifying their heirs or beneficiaries
• Inventorying their property and debts
• Distributing any assets that remain after settling the estate

One survey found that, in 2021, only 46% of Americans reported having a will. This number has been relatively steady since 1960. Estate planning is an important step in protecting one’s property and planning for the future of their loved ones. Regardless of whether someone had a valid will upon their death, probate will transpire, as can potential legal disputes.

Potential Probate Litigation Issues

If you are the executor of a will or another involved party, you should hire a probate litigation lawyer when dealing with any of the following matters:

• The will is contested: Common reasons a will’s validity or execution may be called into question include claims of undue influence, lack of capacity, fraud or forgery, and improper actions by the executor, among others.
• Claims against the estate executor: The executor is the personal representative of the deceased’s will. If an heir or beneficiary of the estate believes that the executor has participated in misconduct or failed in their fiduciary duty, it is possible for litigation to take place.
• Contested trusts and other trust administration claims: Similar to wills and estate administration, various issues related to trusts can arise as well. Examples include claims of unclear language in the trust’s terms and improper trust management.
• Disputes regarding asset valuation and distribution: Another common probate issue involves matters surrounding how much certain assets are worth or how they should be distributed among heirs. These can include personal property, real estate assets, and business interests.
• Creditor claims: Creditors are parties the estate owes money to, and they have a right to claim against the estate during probate to recover any owed debts. Disputes related to creditors include the validity of a debt and the prioritization of payments.

Why You Should Hire a Probate Litigation Lawyer

There are several reasons why it’s beneficial to work alongside an Acadia Parish probate litigation attorney, such as those on the team at Gibson Law Partners, LLC. Louisiana probate litigation laws can be complex, especially for those who aren’t familiar with the expectations and processes involved. A skilled probate lawyer understands how to avoid common legal errors and can ultimately handle the litigation process.

A probate litigation case in Acadia Parish is most likely to be processed by the parish’s District Court, which is located at 500 North Parkerson Avenue, Crowley, LA 70526. The legal venue that may oversee your particular case can vary, depending on the details of your situation, including the last primary residence of the deceased. To verify where the proceedings for a probate litigation matter will take place, be sure to consult your attorney.

FAQs

How Much Does Probate Litigation Cost in Louisiana?

In Louisiana, the costs of a probate litigation case can vary significantly, depending on several factors. Typically, the longer a case takes to resolve, the more it will cost in attorney’s fees and court expenses. The cost of probate litigation can be influenced by, among other factors:

• The size and complexity of the estate
• The number of disputes involved
• How complicated these disputes are
• The degree of debt owed by the estate
• Whether there is a will

What Kind of Lawyer Do I Need for Probate Litigation?

Generally, for probate litigation matters in Louisiana, you should seek out the counsel of a lawyer with experience in estate law, especially in the areas of succession and estate litigation. While you are not required to hire an attorney to initiate the probate process or address probate litigation matters, it is strongly recommended that you do retain legal representation. Even if a probate issue seems simple, it is advisable that you first consult a qualified estate lawyer.

What Are Common Probate Litigation Issues in Louisiana?

Common probate issues in Louisiana include:

• An invalid or ambiguous will
• Unclear terms in the language of a trust
• Mismanagement, misconduct, or negligence from an executor or trustee
• Disputes over the valuation or distribution of an asset within the estate
• Issues regarding creditors, including the validity of the estate’s debts, prioritization of payments, and how these impact the inheritance of the beneficiaries

How Long Does a Probate Litigation Case Take in LA?

In Louisiana, how long a probate litigation case may take to fully settle can vary. Each case is unique, so the time needed can vary quite a bit. Factors that can impact the timeline of a probate litigation case include:

• The type and complexity of the dispute
• Whether the deceased had a will or a more comprehensive estate plan
• The number of assets within the estate
• Other relevant details unique to the case

Speak With a Skilled Probate Litigation Attorney

We know how stressful estate administration and probate issues can be. You don’t have to face them alone. Reach out to our team at Gibson Law Partners, LLC, today to schedule an initial consultation with an experienced and knowledgeable lawyer.