In Louisisana can a house be listed in a will and not have to have a revocable living trust in order to avoid probate?

Attorney answers (1)

1. 

   Geraldine Brown

   Lansing Family Law Attorney

   Contributor Level 14

   1

   Helpful vote

   Answered September 10, 2010 10:48. A Ladybird or Enhanced Life Estate Deed may give you the result you want. It is essentially a "payable on death" provision in a real estate deed that would permit her to avoid probate for the house. This type of deed is now permitted in many states and you should check with a Louisianna attorney to be sure that your state will recognize it and that it is properly written to coordinate with applicable state laws.
   
   A well drafted trust, written specifically for an individual or couple offers a lot of advantages beyond just avoiding probate. Among other thing, it offers the opportunity to be specific about how distributions will be made after death and allows assets to be held in trust for those who are young, disabled or unable to manage money well. It is also the best way to plan for incapacity or disability. The trustee is named, all assets are gathered and the trustmaker can speciiy how he or she would like the assets to be managed and what type of care is desired.
   The final administration of the estate is much simpler and avoids any unfairness in distribution if one child predeceases her or is left off a beneficiary designation for some reason. The trust can also gather up any assets that were unknown or were received later.
   
   This is general information only and not intended as legal advice. Ms. Brown is licensed in Michigan only.

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