Baton Rouge, LA asked in Probate for Louisiana

Q: Is it possible to create a revocable living trust (in order to avoid probate) after the person dies?

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2 Lawyer Answers
Regina Scotto Wedig
Regina Scotto Wedig
Answered
  • Probate Lawyer
  • Amite, LA
  • Licensed in Louisiana

A: I am not sure I understand the question. However, presuming the deceased's Will did not create a Trust, the property would be distributed according to the terms of the Will. If the person died intestate (without a will) his property cannot be placed into a trust and the default rules on successions would apply to the distribution. Going through probate in Louisiana is not difficult or expensive unless heirs/legatees fight over valuation and possession. There is no inheritance tax in Louisiana and most simple successions may be closed within a few months.

Christie Tournet
Christie Tournet
Answered
  • Probate Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: No. Once someone passes, you cannot create any trust as to those estate or succession assets. Rather, you must do a succession and the estate must be transferred either by terms of a Will, or by default, LA law.

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