The probate process, called succession in Louisiana, is how the state categorizes the debts and assets in a deceased person’s estate, before paying off debts and distributing the remaining assets to their loved ones. Probate litigation occurs for two primary reasons: a dispute with the distribution of the estate, or improperly followed legal procedures. If you encounter these issues as a beneficiary, trustee, or other person in the probate process, a Lafayette probate litigation lawyer can help.
Litigation of an estate can happen even when the deceased carefully planned the distribution of their estate. Trying to navigate these complex disputes without an attorney can lead to lengthy proceedings during an already emotionally stressful situation. An attorney can make the process easier for you and help you protect the deceased’s wishes and resolve any disputes.
Gibson Law Partners, LLC: Helping You Navigate Probate Litigation
The attorneys at Gibson Law Partners, LLC want to help you handle probate litigation as a trustee, family member, beneficiary, or other loved one. We understand how stressful probate is after dealing with the loss of a loved one, and we want to help address errors or concerns about the validity of the wishes for the estate and its administration.
With more than over 173 years of combined experience, our knowledge and track record of success are unparalleled among law firms in Louisiana. We have restricted our practice to only a few practice areas, including contested estates and probate litigation. This narrow focus has allowed our lawyers to develop a deeper understanding into the cases that we do take, thereby providing our clients with an invaluable advantage.
Leveraging Experience
And Pursuing Effective Strategies For Success
Contested Wills
Will challenges in high-asset estates create complex property and business issues. We offer a strategic analysis of the decedent’s estate plan and the entirety of their assets to effectively resolve will contests emerging from:
- Domicile issues
- Form issues
- Undue influence
- Improper actions committed by the executor
- Lack of testamentary capacity of the decedent
- Fraudulent activities committed at the time of the will’s creation
- Forgery or other alleged inaccuracies in the will
In order for someone to make a will contest, they must have the legal standing to make that claim, as well as valid grounds to claim invalidity.
If you believe that someone influenced the deceased when they made their will, the deceased was not in their right mind to understand their assets and connections, or there was fraud involved in the creation of the will, you can challenge the will. You must have standing to contest the will, meaning you have a financial interest in the current will being overturned.
An attorney can help you gather evidence to prove your claims and present it to the probate court. If the will is found to be invalid, the court will either use a prior version of the will, which is still valid or distribute the estate according to the state’s laws.
Not just anyone can contest a will, and an individual cannot contest a will because they are unhappy with their inheritance. However, some individuals may claim valid grounds to hide unhappiness with what they received. Other loved ones may genuinely believe they are upholding their loved one’s wishes. A skilled attorney can help defend the will against bad faith or misguided claims.
Contested Trusts
Like wills, trusts can also be contested by interested parties. Heirs or beneficiaries may contest a trust for reasons such as:
- Undue influence of the creator of the trust
- Unclear language in the terms of the trust
- The creator of the trust lacked testamentary capacity
Trust contests may follow the same steps as will contests, but can be more complex. This is because if the trust is invalidated, the estate can end up going through probate court. It is important to have legal help with these high-stakes cases.
Estate Executor Administrator Claims
The executor or personal representative responsible for inventorying and distributing an estate owes fiduciary responsibility to the heirs or beneficiaries of the estate. Missteps or misconduct by the estate’s executor is a breach of this fiduciary duty. This behavior can range from failing to protect assets properly to embezzlement of assets for personal use.
When an estate administrator fails to uphold their duty, the beneficiaries of the estate can hold them accountable. If you are an executor or personal representation facing these accusations, it is crucial that you secure legal support.
Trust Administration Claims
Trustees are held to the highest level of fiduciary responsibility. If you are involved in a dispute regarding the administration of a trust, or if you are a trustee facing accusations of breach of fiduciary duty or other malfeasance in Louisiana, the litigation team at Gibson Law Partners in Lafayette has the experience you can turn to with confidence.
Breach of fiduciary duty on the part of trustees may include matters such as:
- Theft of trust funds by unauthorized withdrawal or fraud
- Incompetent or negligent management
- Conflict of investment interests
- Commingling trust funds with personal accounts
- Collusion and disloyalty to heirs and beneficiaries
- Failure to communicate appropriately with beneficiaries
How Long Does Probate Litigation Take in Louisiana?
The process of probate can take a varying amount of time, depending on whether the deceased has a will or a more comprehensive estate plan and depending on the number of assets in the estate. When probate involves litigation, it is going to take longer. There may need to be several probate hearings to determine complex issues, like whether a will is valid or if a trustee is completing their duties.
FAQs
You are not required to have a lawyer in Louisiana to initiate probate or probate litigation proceedings. However, you can benefit significantly from legal support. Working with a lawyer is helpful during any probate administration, and especially useful if there are disputes or contests.
An attorney can help you whether you suspect there is an issue with the will or the trustee’s duties, or you are defending the will against contests or are the trustee. Legal support can help you protect your rights and resolve the case with a full understanding of the situation.
Probate is the process of distributing the deceased’s estate to their heirs or beneficiaries in Louisiana. All estates go through the probate process unless they are considered small estates under a certain value. When an estate enters probate, the probate court will review a will if one exists to determine if it is valid. If there is no will or there is no valid will, the estate is distributed based on the state’s intestate succession laws. Otherwise, the estate is distributed based on the wishes in the will.
You can avoid probate in Louisiana if your estate is valued under a certain amount or if you have an estate plan that uses tools like trusts. If the estate is under a certain value, it can be transferred using a small estate affidavit. Trusts are a method many individuals use to transfer their estate privately and efficiently. You can place assets in a trust and name a trustee. When you pass, the assets stay in the trust’s ownership.
The cost of the probate process in Louisiana ranges significantly and is likely to be more costly when litigation is involved. This is because a longer process is required, meaning more court costs and attorney’s fees. Probate litigation costs will depend on the following:
- The size and complexity of the estate
- An attorney’s skill and experience
- The number and complexity of disputes
- How much debt the estate has
- Whether there is a will or not
- How many beneficiaries there are to the estate
Contact Us To Discuss Your Probate Litigation And Estate Administration Matter
Probate litigation can be stressful, but it may be necessary to protect your financial interests and the wishes of your loved one. If you have any questions or concerns regarding probate litigation, please reach out to our team at Gibson Law Partners, LLC, by calling 337-761-6250 or send our Lafayette office an email.
