What Is Usufruct and How Does It Affect Louisiana Inheritances?

Usufruct is a Louisiana property right that allows one person to use and benefit from property that is owned, in whole or in part, by someone else. In an inheritance, this often means a surviving spouse can continue using certain property while the deceased spouse’s descendants hold what Louisiana law calls “naked ownership.” Because usufruct...
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What Is an Interdiction in Louisiana?

An interdiction is a Louisiana court proceeding that moves decision-making authority over an adult, in whole or in part, to a court-appointed curator. A judge grants it only on clear and convincing evidence that an infirmity prevents reasoned decisions and that no less restrictive option will protect the person. An interdiction is a Louisiana court...
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What Is Considered a Simple Trust in Louisiana?

A simple trust is generally a trust that must distribute all of its income to beneficiaries each year and cannot distribute principal or make charitable contributions from trust assets. While this definition comes from federal tax law, understanding it can help you make informed estate planning decisions in Louisiana. Whether a simple trust is appropriate...
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Why your estate plan might be invalid: Understanding Louisiana’s forced heirship law

When you create an estate plan, you people to respect that plan after you pass away. However, residents of Louisiana must navigate unique legal terrain when crafting their estate plans. One such distinctive feature is Louisiana’s forced heirship law, which can render an estate plan invalid in some situations. What should you know about this...
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Do the Louisiana succession courts enforce no-contest clauses?

Avoiding succession court is sometimes the goal of a testator who drafts estate planning documents. They may try to make plans that keep as many of their assets out of court as possible. They may also include special terms in their documents to prevent their family members from taking legal action during the succession process....
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