Common Case Study: Rochelle and Her Aunt Nita
When my client Rochelle first walked into my office, she was holding a worn folder labeled “Aunt Nita’s Will.” Rochelle was like so many clients I see: the person holding everyone together and making sure everyone is taken care of.
“My aunt passed away almost two years ago, and we still can’t sell her house,” Rochelle told me, throwing her hands up in frustration.
Rochelle’s story is incredibly common. Aunt Nita, a proud and independent woman, told everyone she had a will. She named Rochelle as executor (the person the will-writer wants to handle things after they pass) and left everything to her nieces and nephews that she adored. Like many people, Aunt Nita assumed having a will meant everything would take care of itself. What she didn’t know was that her estate would still have to go through a legal process called a succession in Louisiana, which is what most of the country refers to as probate.
Aunt Nita Didn’t Have Proper Paperwork For A Succession
A succession is how the court transfers ownership of a person’s property after they pass away. While it can be a quick and simple process, it can also become complicated quickly. In Rochelle’s case, she had to file a detailed list of all Aunt Nita’s assets and debts with the court. That meant rounding up records for the house, the car, the bank accounts, and even the furniture. All of this became part of the public record, which was unsettling for a family that valued privacy.
Aunt Nita Didn’t Have Approval For Independent Administration
Things were delayed further because Aunt Nita’s will didn’t include a provision for something called Independent Administration. That meant Rochelle had to go back to court for approval every time she needed to do something on behalf of the estate — even for things as routine as selling the house or paying bills. Each step involved paperwork, court delays, and waiting for a judge’s signature.
You Can’t Really Avoid Probate In Louisiana
When people tell me they want to avoid probate, I understand why. In some states, it’s easier to do by creating a revocable living trust. In Louisiana, though, our laws make that harder. One reason is the concept of forced heirship. If someone has a child under 24 or a child with a permanent disability, that child may be entitled to part of the estate, even if they’re left out of the will. Because of this, the court often has to get involved just to confirm whether any forced heirs exist.
You Still Have Options
That doesn’t mean all hope is lost. While avoiding succession entirely may not be realistic, there are ways to make the process smoother. A revocable living trust can still be useful, especially for people who own property in other states. But the trust has to be properly funded. That means actually transferring the assets into the trust during your lifetime — a step many people forget to take.
In Louisiana, one of the most helpful tools is the concept of Independent Administration I mentioned earlier. If it’s written into your will, or if all heirs agree, it lets your executor handle most matters without needing court approval. That can significantly reduce the time and cost involved in settling your estate. Without it, even simple tasks can become slow and expensive.
Rochelle eventually did get everything settled, but it took far longer and cost far more than she expected. She told me, “If Nita knew how much running around I’d still have to do to get her affairs settled, I know she would’ve done things differently.”
That’s the real lesson. Estate planning isn’t just about distributing property, it’s about easing the burden on the people you leave behind. In Louisiana, where the rules are unique, a good plan can make a world of difference.
If you want to spare your family unnecessary stress, don’t wait. Sit down with an experienced estate planning attorney who knows how to navigate these waters. Your loved ones will thank you for it, even if they never know how much harder things could have been.
To learn how Legacy Estate & Elder Law can support your Estate Planning needs, 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.
