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In Louisiana, many families face sudden deaths due to accidents or illness. While these events are terrible already, the problem is only made more difficult legally when those who passed didn’t have a clear will. All too often, unclear wills lead to acrimony and disputes within families during bereavement. Probate lawyers near me practicing in Jennings, LA, can help prevent these issues before they begin. If you’re in the midst of such a situation, though, a family probate lawyer can still help by clearly outlining roles and responsibilities. With a probate lawyer’s help, you can rapidly determine an executor and administer the estate. Thus, a probate attorney near me can be a vital ally in a difficult time.

At the Law Office of Dan P. Fontenot, we put family first. Attorney Fontenot believes that all of our clients deserve honest, quality legal service and personal attention. If you work with him as your family probate lawyer, you’ll receive dedicated care in a difficult time. Let his extensive experience in navigating difficult legal situations help you today.


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Probate Lawyer

When someone passes without a clear will, the probate court has a lot of work to do. First, in Louisiana, this process is often referred to as “succession”, but it is the same as probate in other states. Therefore, a family probate lawyer is the right person to work with for this situation. Essentially, the court will mandate that you all the assets without a clear beneficiary enter succession. Those with beneficiaries, such as life insurance, retirement accounts, and annuities, are exempt from succession. Thus, you should search for probate lawyers near me regarding other assets. Those usually without beneficiaries, such as bank accounts, real estate, stocks, and physical property, must be apportioned by the probate court.

Next, we address several topics that you can explore more fully with your probate lawyer. Specifically, we’ll cover usufruct and forced heirs, two concepts that frequently arise in accidental deaths. If you need a probate lawyer that can practice in Jennings, LA, please consider contacting us.

Probate Lawyers Near Me

Once you’ve taken the time to speak with a probate attorney near me, you’ll be introduced to the concept of usufruct. Simply put, a usufruct is a property that someone has a legal right to use and manage. Generally, someone else will be the “naked heir”, which means that they will inherit full use of the property after the usufructuary dies. The common example that a family probate lawyer uses is a house. If one parent passes away, their spouse inherits usufruct over the decedent’s ownership stake. Meanwhile, their child would be the naked heir, and when the remaining parent passes, the child would inherit full rights.

Separately, a forced heir must meet one of two conditions:

  1. A child under the age of 24
  2. Someone incapable of taking care of themselves due to disability

In these instances, the forced heir may assert a claim to a portion of the decedent’s property even if it is designated for someone else. This kind of situation can cause significant conflict and stress for grieving families. Therefore, a probate attorney near me can help you use usufruct to designate appropriate inheritance and succession. Alternatively, probate lawyers near me can help you understand and account for the possibility of a forced heir situation arising.

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Probate Attorney Near Me

We understand that losing a loved one is heartbreaking in itself. As a family probate lawyer, Attorney Fontenot can help you minimize the legal strain of dealing with probate court and succession. As you search for a probate attorney near me practicing in Jennings, LA, consider the benefits that Attorney Fontenot brings. Between his decades of experience as a probate lawyer and the complimentary consultation, he can start helping you immediately. Contact us today to learn more.

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The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. Dan P Fontenot Law Office looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and Dan P Fontenot.

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