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A legal document called a trust deed will formally set up the family trust. It will name the trustees, list the beneficiaries, and state various rules for the administration and management of the trust. The trust deed needs to be very carefully written, preferably by a lawyer.
Louisiana law recognizes your marriage partnership and classifies most property acquired during marriage as community property that belongs to both spouses. When one spouse dies, one-half of the community property immediately becomes the separate property of the surviving spouse.
From your house to your financial accounts, there are many assets youll likely want to include in your living trust: Bank accounts. Real estate property. Insurance policies. Stocks, bonds, and other investment assets. Tangible personal property. Limited liability company (LLCs) Cryptocurrency.
The parents will inherit the deceased persons separate property. If both parents are alive, they will inherit equally. Otherwise, the property will pass to the surviving parent. No surviving descendants, parents, siblings, descendants of siblings, or spouse.
The trust need not be approved by any court and never becomes public record. No one knows whats in it, what assets it passes, or to whom. This is contrast to a will which must be approved by a probate court and made public. A revocable living trust also protects you should you become mentally incapacitated.
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If a married person dies without a will, the surviving spouse inherits a usufruct over the deceased spouses one-half of the community property until the surviving spouses death or remarriage.
As a general rule, the fruits of separate property, such as an inheritance, are considered community property in Louisiana.
If the decedent had children, the children of the decedent inherit all of the property that the decedent owned. If a child died before the decedent with children of their own (grandchildren of the decedent), the grandchildren step into the place of their parent and receive that parents share of the decedents estate.
The Louisiana revocable living trust is a legal agreement wherein a person (Grantor) places assets and property to continue to use during their lifetime along with instructions for distribution after they die.
Considering the current estate and gift tax exemption, the ability to utilize the annual gift tax exclusion, and there being no inheritance tax in Louisiana the vast majority of Louisiana residents do not need a trust to protect their estates from estate or inheritance taxes.

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