Finally, “Asset Protection” is exactly what it states, namely, the protection of assets during both the lifetime of the Client and after his death. Such protection may be needed against creditors now, or in the future. It is intended to preserve the Clients’ assets during his /her lifetime and for his/her heirs after he/she dies. Typically, asset protection is accomplished by the use of trusts, lifetime transfers, wills, life insurance products and the creation of seizure exempt assets. Such protection can most easily be accomplished before a claim arises but can be accomplished even after a claim arises, and even after a judgment is rendered. It is an area of the law that should not be ignored but of which most are not aware. It is again governed by complicated laws which must be strictly satisfied. Only a competent and experienced attorney can evaluate and make recommendations to the client to maximize the protection of the Client’s assets from creditors now or in the future. With regard to all three (3) areas as discussed above, I possess a substantial amount of experience and knowledge.
“Estate Planning” is the preparation and execution of a plan during a Client’s lifetime to manage his/her assets prior to death and direct to whom such assets shall be transferred after death. Typically, estate planning will utilize those documents commonly referred to as “powers of attorney”, “trusts” and “wills”. However, creating a plan can be complicated and confusing and, without a will, the laws of the State of Louisiana will determine to whom a Client’s assets will be transferred at the time of death. For the above reason, and more, it is critical for the Client to obtain legal counsel who is well educated and experienced in this area of the law. “Succession and Estates” refers to that area of our Law relating to the transfer of property after death, whether by a will or by law. It is a process which is governed by rules and regulations to accomplish the transfer of assets whether in accordance with an estate plan or without it. In most instances, documents must be filed in court and judicial authority obtained to accomplish the intent of the deceased person (with a will), or the law (without a will). Again, such a process can be very complicated, requiring an experienced and knowledgeable attorney in this area.
