Frequently Asked Questions

Find answers to common questions about our legal services and processes.

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Commercial Real Estate
Business Advice
Estate Planning
Special Needs Planning
Litigation
Can I schedule a consultation?

Absolutely! We offer consultations to discuss your legal needs and provide tailored legal advice. Contact our office to schedule an appointment with one of our experienced attorneys.

Estate Planning
What is estate planning?

Estate planning with Bondurant Law is the process of preparing legal documents for the management and disposal of your assets and personal affairs both before and after your death. It typically involves creating a will and making decisions about healthcare and financial matters.

Estate Planning
Why is estate planning important?

Estate planning is important because it allows you to have control over how your assets are distributed, minimize taxes, and protect your loved ones. It also ensures that your wishes are carried out and can help avoid family disputes.

Estate Planning
When should I start estate planning?

It is never too early to start estate planning. Life is unpredictable, and having a plan in place can provide peace of mind. Whether you are young or old, it is important to have your affairs in order.

Estate Planning
What documents are included in your typical estate plan?

Estate planning varies depending on the client's specific situation, but estate planning documents commonly include a will, power of attorney, healthcare directive, and possibly a trust. An experienced estate planning attorney can guide you through the process.

Estate Planning
How much does estate planning cost?

The cost of estate planning can vary depending on the complexity of your estate and the services provided by the attorney. It is best to consult with an attorney to discuss your needs and obtain a cost estimate. However, a typical estate plan costs between $1,200 and $1,800 per individual, or $2,200 to $3,500 per couple.

Estate Planning
What should I bring to my estate planning appointment?

While you do not have to bring anything to your appointment, it is very helpful to bring any existing Wills, Powers of Attorney, Living Wills, or other estate planning documents. If you have a list of assets and liabilities, those lists can also be helpful to bring as well.

Successions
What should I bring to my first meeting for a succession?

We recommend bringing a copy of any existing Will for the deceased, a copy of the death certificate, names and contact details for all heirs, and a summary of any known assets, if available. At your first appointment, our team will provide specific guidance on what else to gather and what the next steps of the process will be.

Successions
Is it true that successions are very expensive and take a really long time?

In Louisiana, successions can be inexpensive and can be completed quickly in many cases. Our laws provide the opportunity for efficient estate management that will keep your legal fees lower than they would be if your loved one died in another state. Furthermore, the process can be completed in some cases in a single set of paperwork. Contact us for advice regarding your next steps in the succession process.

Successions
Do life insurance and IRA accounts pass through a succession?

In most cases, life insurance and IRA accounts do not pass through a succession of a deceased individual. Rather, they pass by a separate beneficiary designation. Contact us for an appointment to discuss which assets go through a succession and which can be handled outside of a succession.

Successions
My family member just died, and we have no access to their accounts. Can you help?

At Bondurant Law, we can help clients who have lost access to account funds by opening a succession. If you do not know what to do after the death of your loved one, schedule an appointment with our team.

Successions
What if my family does not get along, and I expect that the succession will be disputed?

If your family is arguing over your loved one's estate or you expect trouble ahead, contact our office to help you. Our firm has extensive experience in disputed successions, including handling trials on will contests, estate theft, and estate valuation disputes, and we can help you to navigate these difficult waters. Our goal is to find a peaceful resolution for families in their most difficult times, but we are also fully prepared to protect our clients' interests in litigated disputes.

Business Advice
What is an operating agreement? What are bylaws? Do I really need them for my business?

Operating agreements and bylaws both define the rules on how a company will operate, including how voting is to occur and who within the organization has the authority to take action on behalf of the company; the only difference between the two is that an operating agreement applies to a Limited Liability Company and bylaws apply to corporations. If you have a business with more than one owner, it is critical to create either an operating agreement or bylaws when starting your business to allow for a clear, agreed-upon process for handling voting and disputes.

Business Advice
Shouldn't I just leave my family business to all my kids equally? Isn't that the fair way to pass my business?

The decision of who should be the owner of your family business in the next generation requires much consideration, and evenly dividing it among your children may cause more harm that good. While it may seem fair, often such a division could result in serious family disputes. Contact us to discuss ways to be both fair to all of your family members while also ensuring your business legacy is protected for years to come.

Business Advice
What issues should I consider when selling or buying a business? How can you help me?

When selling or buying a business, the transaction includes so much more than the price and the assets. Any buyer or seller must consider the structure of the transaction for tax efficiency, whether to require all cash up front or payments over time, which party will be liable for any debts or claims that may arise, whether the seller will remain involved in the business, and much more. Schedule an appointment to learn more.

Litigation
Can I settle my case without going to court?

Yes, it is possible to settle a case without going to court, and we actively encourage clients to consider resolving their matter amicably without court intervention. We use a variety of methods of alternative dispute resolution, ordinary negotiations, and mediation. These methods allow parties to negotiate and reach a mutually acceptable resolution outside of the courtroom.

Litigation
How long does litigation take?

The duration of litigation can vary depending on the complexity of the case, court schedules, and other factors. Some cases take 3-6 months to litigate, while others take years.

Litigation
What can I do if I think the executor of an estate is not handling the estate correctly?

As an heir or legatee of a deceased individual, you have the right to information from the succession representative. The law allows heirs or legatees to file documents with the court to compel production of information so that they can find out of a succession is being handled correctly. Contact us for advice and to discuss your rights.

Special Needs Planning
Is assisted living covered by Medicare? How can I get long term care covered if I cannot afford it?

No. Long term assisted living care is not covered by Medicare, which is a common misconception. Long term care can be paid by the Medicaid program, which is only for those who have insufficient assets and income. Some individuals may have more than what is allowed to qualify for Medicaid, but not enough to really cover their care. In those cases, advanced planning can help. Importantly, planning should be done at least five years before long term care is needed. Contact us to discuss your needs.

Litigation
Special Needs Planning
What can I do if my loved one has lost the ability to make decisions but no one has a Power of Attorney?

If your loved one has lost the ability to make their own decisions, then you may need to pursue an interdiction. Interdiction is a court proceeding by which one party is appointed as the legal representative, called a curator, over an individual who is unable to make their own decisions. We handle interdictions with care and compassion to ensure that all parties are treated with dignity and respect.

Litigation
What can an executor do if they are worried the heirs will cause a dispute?

If you are an executor of an estate in which you believe a dispute is imminent, you need an attorney experienced in both successions and litigation to ensure you handle the succession correctly in the face of adversity. Our firm has the experience to navigate contested successions and resolve disputes efficiently.

Special Needs Planning
What is a special needs trust?

A special needs trust is a trust designed to supplement the needs of a disabled beneficiary while ensuring they are still able to qualify for needs-based government benefits, such as Supplemental Security Income or Medicaid. These trusts come in two main forms, a first-party special needs trust, created with the disabled individual's own funds, and a third-party special needs trust, created by a friend or family member for the benefit of their disabled loved one. Contact us to discuss whether a special needs trust is right for you.

Special Needs Planning
Will the government take all my assets if I go to assisted living?

No. If you can afford to pay for the costs of assisted living, the government will not be involved in the payment for your long term care. For those who may not have enough income or cash to pay for long term care, they may qualify for Medicaid to pay for that care, but Medicaid has the right to place a lien against the individuals' home after they die to recover the amounts paid by Medicaid. Medicaid advanced planning can help those who may have concerns about being unable to afford long term care. Contact us to discuss details.

Commercial Real Estate
Do you handle residential real estate closings?

Our focus lies in commercial real estate; accordingly, we do not handle residential real estate closings.

Commercial Real Estate
How do I change the zoning on my property?

Zoning changes require approval by your local parish government and can be quite difficult to obtain. The value of having an experienced attorney to handle your zoning change cannot be overstated. Our attorneys have developed quality relationships with parish officials in St. Tammany Parish, so contact us for assistance.

Commercial Real Estate
What terms should I consider when negotiating my commercial lease?

The most critical terms of a commercial lease include rental rate, term and additional option terms, additional expense allocation between landlord and tenant, insurance, and indemnity obligations, among many others. Negotiating these terms and conditions can be daunting, so contact us for help.

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Have More Questions? Contact Us.

If you need further assistance or have any inquiries, feel free to reach out to us.

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