Most people think of the succession process in Louisiana (the process of collecting, managing, and distributing a deceased person’s money and property) as a private process. However, because wills are filed at the courthouse, any estate that goes through a succession in Louisiana become a matter of public record. That means your nosy neighbor Nellie can simply go down to the courthouse or hop online and find out about your inheritance. Really.
It’s Not Just Nellie That Has Access…
After a death, most states require that whoever has possession of the deceased person’s will must file it with the court as part of the succession proceedings. While Nellie may be an annoyance and have no reason to view the information other than curiosity, others can get access to your public records and make your beneficiaries’ lives miserable, such as:
Financial predators. While today’s digital world is convenient, it’s also dangerous. Financial predators find ways to access sensitive personal information online. Since courts are part of a bureaucratic process that often moves slower than a glacier, months can elapse before you (or the court) realizes that your beneficiaries have been swindled.
Charities. Even the most well-meaning charities can become an annoyance when money is considered “up for grabs.” This is especially true in an estate situation when those inheriting assets want to do the right thing and honor their loved one.
Will challengers. Since a will that is filed with the court becomes a public record, those believing they have an interest (whether valid or invalid) can access the document and challenge the will. This can result in added costs and time defending the will from what could amount to a frivolous claim.
Avoid the “Nosy Nellie” Factor with a Trust
Trusts are never filed with a court, either before or after your death. Louisiana courts are not involved in supervising your trust administration. So, you can avoid intrusions by busybodies and predators by creating a trust. While Louisiana requires some disclosure of information regarding the trust to beneficiaries, it is still the best way to keep your legal affairs private. Did you hear that, Nellie?
Contact us today and let us help you create a trust to avoid a succession and keep your family and financial affairs private. We are available to speak with you via telephone or through video conferencing if you prefer. Just give us a call at (225) 465-1090.
- Marriage, Divorce, and Parenthood: Estate Planning During Life Changes - September 28, 2023
- What is a Power of Attorney and Why Do I Need One? - September 21, 2023
- Choosing the Right Executor for Your Will - September 14, 2023
