The answer depends on the type of trust. There are two broad categories of trusts: (1) living or inter vivos trusts; and (2) testamentary trusts.
Living and Testamentary Trusts in Louisiana Successions
Living trusts go into effect while the person who created the trust (the grantor) is still alive. In many cases, the property included in the living trust passes outside of the succession process and according to the terms of the trust.
A grantor may also create a different type of trust known as a testamentary trust, which is not funded during the grantor’s lifetime. Instead, the testamentary trust is included in the grantor’s will and only becomes effective when the grantor dies.
Since testamentary trusts are included in the will, they are included in the probate, or succession, process. More than one testamentary trust may be included in the same person’s will.
Testamentary trusts are irrevocable, and the property should pass to the beneficiaries according to the terms of the trust as long as the trust was created according to Louisiana law.
When a Testamentary Trust Is Disputed
Maybe you, or another potential heir, are disputing the will, or perhaps there is confusion about how the testamentary trust should be funded. If one of these problems—or any other potential issue—arises, it is critical to contact an experienced Louisiana succession attorney.
Every year, our succession and probate legal team helps hundreds of Louisiana families with complicated testamentary issues. We can help your family transfer your loved one’s assets to the intended heirs with as little aggravation, stress, and pain as possible. Our goal is to guide your family through the succession process easily and cost-effectively.