Best Private Client Lawyers in New Orleans

About Private Client Law in New Orleans, United States

Private client law in New Orleans covers a range of legal services aimed at individuals and families. It involves advising on estate planning, wills, trusts, tax optimization, asset protection, charitable giving, probate, elder law, and succession. What sets New Orleans apart is its location in Louisiana, which has a civil law tradition, distinct from the common law used in other US states. This influences how estates are handled and assets distributed, making qualified legal guidance essential for navigating the local legal landscape.

Why You May Need a Lawyer

There are several situations in which you may need a private client lawyer in New Orleans. If you are considering drafting a will, setting up a trust for minor children, planning for incapacity, or want to minimize estate taxes, a lawyer can help. Legal advice is also crucial if you need to handle probate after a loved one passes away, resolve disputes over inheritances, plan for business succession, or deal with complexities of blended families and guardianship. Given Louisiana’s unique laws, legal advice helps avoid costly and stressful mistakes.

Local Laws Overview

Louisiana’s civil law background means its private client matters, such as estate planning and succession (probate), are governed by the Louisiana Civil Code. Some important legal aspects include:

• Forced heirship: Certain heirs, like children under 24 or disabled children, have a legal right to a portion of the estate.
• Community property: Most property acquired during marriage is jointly owned by spouses, affecting distribution after death or divorce.
• Usufruct and naked ownership: A deceased spouse may leave a usufruct (right of use) over property to their spouse, while children own the underlying property rights.
• Probate (succession): This is the court process of transferring a deceased person’s assets to beneficiaries. Louisiana has both "testate" (with a will) and "intestate" (without a will) succession procedures.
• Trusts: Louisiana law recognizes certain types of trusts but has different rules than other states, so proper drafting is important.
• Power of attorney and living wills: These documents must comply with state-specific formalities to be enforceable in Louisiana.

Frequently Asked Questions

What is succession, and how does it work in Louisiana?

Succession is the process of transferring a deceased person’s assets to their heirs or legatees. In Louisiana, this can be managed by "testate" succession (with a will) or "intestate" succession (without a will), following the rules of the Civil Code and honoring forced heirship rules.

Does Louisiana recognize living trusts?

Louisiana law allows for certain types of trusts, but with unique state law requirements. While revocable living trusts are possible, their use and structure differ from other states, making local legal advice essential.

What is forced heirship?

Forced heirship requires a portion of the estate be reserved for certain children (usually under 24 or permanently disabled), regardless of the will’s terms. This is a distinctive Louisiana rule not found in most other states.

Do I need a will?

A will is not legally required, but it allows you to control the distribution of your assets. Without a will, state intestacy laws determine who inherits your property, which might not align with your wishes.

Can I avoid probate in Louisiana?

Some estate planning tools can help assets bypass succession, such as certain trusts, beneficiary designations, and jointly titled property. However, many estates must go through the formal succession process.

What happens if I die without a will?

If you die without a will (intestate), the Louisiana Civil Code sets the rules for who inherits your property, giving priority to children, spouse, parents, and then other relatives. Forced heirship may also apply.

How does community property affect inheritance?

In a marriage, most property acquired is considered community property. Upon death, half typically belongs to the surviving spouse, and the other half is distributed according to a will or state law.

Can I disinherit a child in Louisiana?

You may not be able to completely disinherit a child if they qualify as a forced heir under Louisiana law (generally under 24 or disabled), as they are entitled to a specific portion of your estate.

When should I update my estate plan?

It’s wise to update your estate plan after major life changes, such as marriage, divorce, the birth of children, significant asset changes, or moving into or out of Louisiana.

What is a power of attorney, and do I need one?

A power of attorney lets someone make financial or health care decisions if you are unable to do so. It can be a crucial part of your estate planning to ensure your affairs are managed according to your wishes if you are incapacitated.

Additional Resources

If you need more information, consider these helpful resources for private client matters in New Orleans:

• Louisiana State Bar Association - Public resources for finding an attorney and understanding state law
• Orleans Parish Civil District Court - Information about succession and probate procedures
• Louisiana Department of Revenue - Estate tax and inheritance information
• Louisiana Office of Aging and Adult Services - Elder law resources
• Law Library of Louisiana - Access to legal materials and self-help guides

Next Steps

If you believe you need legal help with a private client issue in New Orleans, consider these steps:

• Identify your goals and gather relevant documents, such as existing wills, trusts, or property deeds.
• Consult with a qualified Louisiana private client lawyer who understands civil law traditions.
• Discuss your wishes, family circumstances, and financial situation with your lawyer to develop a tailored plan.
• Ensure legal documents, such as wills and powers of attorney, follow Louisiana requirements for validity.
• Review and update your estate plan regularly, especially after major life events.

Taking these steps with professional guidance will help protect your assets, provide for your loved ones, and minimize potential legal complications down the road.