When a loved one dies, there is a whole list of things that usually have to be done to close out his or her estate in Louisiana. The problem is not everyone ends up doing everything on the list, either because they are unaware or feel it's unnecessary. Instead, they go pack up and move their loved one's things and call it a day. This is called probate by pickup truck.
Probate by pickup truck is not probate at all. There is no court filing or hearing. It is just surviving family members going in and taking what they want of their loved one's belongings and then moving on. This may be okay to do if the decedent's assets were minimal and true probate is not required, but assuming that is the case can cause a host of problems for his or her loved ones.
Probate is not just about the dividing of assets. It is about finalizing things that need to be taken care of, such as paying taxes and creditors, shutting down accounts and dealing with titled assets -- among other things. None of these things happen with probate by pickup truck, and letting these things go can come back to hurt surviving family members later, unless probate really is unwarranted. The only times probate is truly unnecessary is if the deceased placed all assets in a trust or he or she had minimal assets, owed no taxes and had no debts.
Probate by pickup truck sounds simple and straightforward, which makes it appealing. No fuss and no fighting. The problem is, it isn't a realistic way to close out most estates. Going through the actual probate process, if deemed necessary, is the only way to make sure an estate is properly closed. Those needing to work through a loved one's estate in Louisiana can turn to an experienced probate attorney for assistance so they can be sure it is done right.
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