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Overview
Build the Critical Skills to Guide Clients Through the Process
A client calls. Her husband died last week. She has no idea what happens next - and neither do you, yet, because your practice doesn't include much succession work. This course changes that.
Join us for a practice-focused survey of Louisiana succession law and procedure, from the first client call to the recorded judgment of possession. This course covers the work practitioners do in every succession file: advising the surviving spouse, opening the proceeding, managing creditors, clearing real estate title, handling the income tax obligations that arise in virtually every estate, and using the small succession affidavit when appropriate. Whether you are new to succession work or seeking a solid procedural refresh, this program is for you. Register today!
- Apply the correct rules of descent and distribution under La. Civil Code arts. 880-934.
- Explain the surviving spouse's usufruct over community property and counsel clients on its practical implications for real estate, financing, and title.
- Understand forced heirship and identify when it applies.
- Learn how to prepare or review a petition to open a succession, a descriptive list, a tableau of distribution, and a judgment of possession.
- Advise clients on creditor claims, including judgment liens and federal tax liens.
- Determine when the small succession affidavit procedure is available and draft the affidavit.
Abbreviated Agenda
- Foundations: How Louisiana Succession Law Works
- Opening the Succession: Procedure and Pleadings
- Closing the Succession: From Tableau to Judgment of Possession
- Real Estate Title in Successions
- Tax Issues in a Typical Succession
- Business Interests in Successions
The Location
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Watch the recording of this event on your own schedule. We'll notify you when its ready.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Louisiana CLE |
|
3.5 Total |
| Mississippi CLE |
|
3.5 Total |
| CPE for Accountants/NASBA |
|
4 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Foundations: How Louisiana Succession Law Works
- Civil Law Heritage
- Testate vs. Intestate
- Community vs. Separate Property
- The Surviving Spouse's Usufruct Under art. 890
- Forced Heirship Overview
-
Opening the Succession: Procedure and Pleadings
- Jurisdiction and Venue
- Petition Requirements
- Small Succession Affidavit Under R.S. 9:1513
- Independent Executor vs. Administrator
- The Descriptive List
- Bond
- Notice to Creditors and Deadlines for Filing Claims
- Handling Creditor Claims, Judgment Liens, and IRS Liens
-
Closing the Succession: From Tableau to Judgment of Possession
- Duties of the Succession Representative
- Tableau of Distribution
- The Judgment of Possession
- Multi-Parish Recordation
- Title Company Requirements
- Fees
-
Real Estate Title in Successions
- Clearing Title Through the Judgment of Possession
- Gaps in the Chain (Missing Prior Judgments)
- Mineral Rights
- The Usufruct's Effect on Sale and Refinancing
- Co-Ownership After Succession
-
Tax Issues in a Typical Succession
- The Decedent's Final Income Tax Return
- The Estate's Fiduciary Income Tax Return (Form 1041)
- Income in Respect of a Decedent
- IRAs and Retirement Accounts
- Louisiana State Income Tax Obligations
- When Form 706 Matters
-
Business Interests in Successions
- LLC Membership Interests, Closely Held Stock, and Partnership Interests
- Operating Agreement and Shareholder Agreement Restrictions on Transfer
- Valuation Basics
- Buy-Sell Agreements Triggered by Death
- Practical Steps for the Practitioner
Who Should Attend
This basic level, live in-person CLE seminar is designed for Louisiana attorneys. Accountants, tax professionals, fiduciaries, and paralegals will also benefit.
Speakers
Speaker bio
J. Graves Theus, Jr.
is the managing attorney of Theus Law Offices in Alexandria, Louisiana. He is certified by the Louisiana State Board of Legal Specialization as a specialist in tax law, as well as estate planning and administration, and past-president of the Tax Law Advisory Committee of the Louisiana State Bar Association. Mr. Theus is an approved title agent and is accredited by the Veterans Administration to assist veterans with their pension claims. He also has served as a trustee for several community organizations in Alexandria, including the Alexandria Museum of Art, Alexandria Music Project, Arts Council of Central Louisiana, Rapides Symphony Orchestra, Alexandria Country Day School and Tipitina's Foundation Advisory Council. Mr. Theus earned his B.A. degree from Tulane University, his J.D. degree from Gonzaga University School of Law and his LL.M. degree in tax law from Boston University School of Law.
Speaker bio
Bryan J. O'Neill
is an attorney at Derbes Law. He assists clients in a variety of commercial transactional matters, including entity election and startup, corporate governance, mergers and acquisitions, commercial litigation, real estate, as well as general business related matters. Mr. O'Neill also regularly advises clients on the division of retirement plans through Qualified Domestic Relations Orders, as well as end of life matters, such as estate planning, succession administration and litigation. Mr. O'Neill rounds out his practice handling appeals in many venues. He received his B.S. degree from Tulane University and his J.D. degree from Loyola University New Orleans College of Law. Mr. O'Neill is a member of the Louisiana State Bar Association, Jefferson Bar Association, and New Orleans Bar Association. He is also a barrister member and program chair of St. Thomas More Loyola Law American Inn of Court. Mr. O'Neill is admitted to practice law in Louisiana and before the U.S. District Court, Eastern, Middle and Western districts of Louisiana, and U.S. Court of Appeals, Fifth Circuit.
Speaker bio
Bryce J. Denny
is the owner of Law Office of Bryce Denny, L.L.C., where he primarily practices labor and employment law. He is admitted to practice in both Texas and Louisiana. Mr. Denny was re-appointed in 2017 to a three-year term on the Louisiana State Bar Labor Law Advisory Commission. He is a member of the State Bar of Texas and the Louisiana State Bar Association. Mr. Denny earned his B.A. degree from Austin College in Sherman, Texas and his J.D. degree from Baylor University.
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