Dealing With Property in a Louisiana Succession
When my client, Marie, and her husband bought a small fishing camp on the banks of Lake Verret thirty years ago they never imagined how important it would become. Their children grew up spending weekends there, fishing off the dock, catching crabs with cousins, and gathering to hear the LSU games on the porch radio. For Marie, the camp was more than a building on the water. It was the heartbeat of her family’s traditions.
Marie told me she began to wonder what would happen to the camp when she passed away and thought it would be best to meet with an attorney to see what her options were. She wanted her three children to continue making memories there, but she worried about what might happen if they all inherited it together. Like many Louisiana families, she discovered that leaving a camp to multiple heirs without a plan often causes more problems than it solves.
The trouble begins because Louisiana has unique law regarding co-owned property, which is called owning property in indivision. Each child owns a share, but no one person has complete control nor the right to keep the others from using the property. That might sound fair, but it can create challenges. Every decision, from paying insurance premiums to repairing the roof, must be made together. If one child wants to sell and the others do not, the one who wants out can demand what is called a partition. In practice, that often means the entire camp is sold, even if some family members want to keep it.
The emotional weight of a camp makes this especially painful. Children who grew up with the property may see it as part of their identity, while others may view it only as a financial asset. This clash of perspectives can turn siblings against one another. Disagreements about who pays for maintenance, who gets to use the camp on holiday weekends, or who is responsible for property taxes can quickly escalate. What began as a treasured place of togetherness can turn into a source of resentment.
Marie’s Different Options
Marie wanted to avoid that outcome, so she sat down with me to explore her options. One possibility I told Marie about was a written family agreement that explained how the camp would be used, how expenses would be shared, and how scheduling conflicts would be handled. This would at least give her children some guidance to follow after she was gone.
Another approach was to place the camp into a trust. A trust could allow a trustee, either a family member or a neutral third party, to manage the property according to rules Marie set in advance. She could specify who had the right to use it, how repairs would be funded, and even what would happen if one child wanted out. A trust may also mean the camp would not have to go through succession after her death, making the inheritance process smoother for her children.
I also explained the option of transferring the camp into a limited liability company, or LLC. In an LLC, each child would receive shares in the company rather than direct ownership of the camp itself. The LLC agreement could spell out all the same rules as a trust, such as how costs are divided and what happens if one child wants to sell their share. The advantage is that no child could force the sale of the camp through a partition. Instead, they would have to follow the buyout provisions in the agreement.
Finally, Marie considered how to keep things fair. She knew her oldest son loved the camp and wanted to keep it for his children, but her daughters lived out of state and did not use it much. We discussed leaving the camp to her son while balancing her daughters’ inheritances with other assets. That way, no one felt left out and the camp stayed in the hands of the child who valued it most.
Ultimately, she chose a plan that gave her children clarity and preserved the camp as a gathering place. For her, the peace of mind came not just from knowing the property was protected, but from knowing her children would continue to laugh and share meals under the same roof where she and her husband had built a lifetime of memories.
If you own a family camp, you may find yourself in the same position as Marie. These properties carry deep sentimental value, but without careful planning they can easily cause division. By exploring options like trusts, LLCs, and written agreements, and by considering Louisiana’s unique succession laws, you can protect both the property and the relationships that matter most. A thoughtful plan ensures that the camp remains what it was always meant to be: a place of joy for generations to come.
To learn more about how Legacy Estate & Elder Law can support your Succession Planning, contact us today.
The information provided is not intended to be legal or tax advice and does not constitute any attorney/client relationship. You should consult with an attorney for individual advice regarding your own situation.
Ms. Melancon is an attorney with Legacy Estate & Elder Law of Louisiana, LLC with offices in Baton Rouge, New Orleans and Lake Charles, LA. The primary focus of her practice is estate planning, probate, special needs planning, and elder law. For more information or to attend an upcoming estate planning seminar, call her office at (225) 744-0027.
