Navigating You Through Complex Estate Planning

imageExperienced Estate Planning Lawyer Helping Clients Throughout Louisiana

Thinking of your passing and what you want done with your estate is not something that most want to spend much time thinking of although our death will most certainly occur, sometimes unexpectedly. Most will understandably procrastinate in addressing this process. An experienced and qualified attorney can help people navigate the issues with minimal difficulties to the client. Life is uncertain and people will never know when it will have become too late to put in place a legally enforceable directive of what you want done with your property.

Property Succession · Wills · Trusts · Will Contests · Advanced Directives

Taking proactive steps in drafting a will or trust is only the first of many steps involved in estate planning and probate. A will provides you with assurance. Loved ones you have designated as beneficiaries will have peace of mind as your will is your expression of how you want your property distributed which hopefully will keep any conflict to a minimum.

Should you have children it is even more important to take action to address their future welfare in your will such as to provide for the creation of a trust for their benefit to help ensure the property left to them is used wisely to their benefit, including providing an education and basic living expenses while they transition to becoming a responsible adult. Further, in your will you can make a recommendation to the Court (any such guardianship recommendation must be approved by the court) as to whom you desire to be their guardian in the event of your demise.

Additional Estate Planning Services

Our firm also assists clients with durable power of attorney, health care power of attorney, and Living Will. A durable power of attorney would remain in effect should you become incapacitated. Basically, a power of attorney allows you to appoint someone to take care of your affairs. A health care power of attorney grants to your agent the authority to make certain health care decisions on your behalf in the event you are incapacitated and unable to make such decisions. Having a durable power of attorney in place may allow your loved ones to avoid bearing the significant expense of an interdiction proceeding in court in to appoint someone to take care of your affairs should you become incapacitated. It is important to consult with an experienced attorney to determine whether or not granting a power of attorney would be an appropriate thing to do.

A Living Will (Advance Directive) is an expression of your desires regarding life support in the event you suffer from a medical condition that is irreversible or terminal and you are unable to communicate your desires at that time.

The estate planning process requires an experienced and knowledgeable attorney to comply with all legal formalities that take effect following death. The existence of a will is not enough. The document must go through a probate and approval process in court that may include the appointment of an executor by the court.

The Need For Ongoing, Compassionate Legal Counsel From Louisiana Attorneys

In Louisiana a Succession takes place after your death. It is a legal proceeding in which your property is collected, debts are paid and the property is legally transferred to the heirs. While many people take all the necessary steps in successions, some often assume that the process is complete once a will is drafted. It is not. Once you pass and should you have a will, it is also necessary in Louisiana to file the will with the court in order to legally enforce the will.

Important documents can easily become outdated over time because of divorces and other life-changing milestones. It is important to evaluate your will should any such events occur and regardless of whether such a thing occur, you should evaluate whether or not your will is appropriate to meet your needs at a minimum on an annual basis. Additional legal help is needed should revisions to the will and revocations become necessary. People should also be sure to review the beneficiary designations of their retirement accounts and life insurance as these funds will be paid directly to the named beneficiary and are not governed by your will.

Each client comes to Erik E. Kjeldsen, Attorney at Law , with unique issues involving estate planning, or the probate process. In the estate planning process for those clients with children specific matters could include physical or financial guardianships for their children and the use of life insurance or retirement plan proceeds to fund testamentary trusts for the benefit of the children.

Estate planning can combine legal complexities with emotional disputes. Our focus is on helping you make good decisions and finding the best possible resolution for all concerned.

Contact Us

For a free initial consultation with a Baton Rouge probate lawyer, please fill out our intake form. You can also reach Erik E. Kjeldsen, Attorney at Law, by calling 225-250-1759.