Glossary of Terms and Concepts

The person responsible for enacting your wishes as you have laid them out in your will.

Opening a succession can be very expensive. For some estates, it is possible to file an Affidavit of Small Succession. If the requirements under the law are met, heirs can bypass the process of opening a succession that is typically overseen by a judge. For more information on this type of legal document, visit LouisianaLawHelp.org. 

Descendants are people who are born after you in a line. For example, if you have children by blood or adoption, then they are your descendants.  If you have grandchildren by blood or adoption, then they are also considered your descendants.

A land trust is an agreement for use of land or immovable property. While “trust” is in the title of “Land Trusts,” it does not function the same way a Trust or Special Needs Trust does. A Land Trust is a way to ensure the property is not sold or developed in the future by donating it to a Land Trust or organization with a long-

term agreement.

Some Land Trust agreements help conserve natural resources, preserve species habitats, provide land use for farming, and ensure outdoor recreational access and similar restricted uses. A Land Trust is an irrevocable trust and cannot be changed.

In a trust agreement, the settlor is the person who initates the process of starting a trust. The settlor will name an entity as the Trustee in the trust instrument.

The person or one of the people in charge of administering your trust. May be the same person as your executor. The trustee will recieve the property and administer the trust as a fiduciary long-term. The trustee could be any number of people, including banks that often  specialize in long-term management.

This document allows your friends, family, and physician to know your health care preferences regarding various end of life treatment, including surgical procedures, resuscitation, organ donation, etc.

Ascendants are the people who were born before you in a direct line. For example, an ascendant may include parents and grandparents and any great grandparents before them. It does not include brothers and sisters or chilren of immediate family members.

When someone dies without a will, the family member(s) who inherit the decedent's property are called heirs, and this type of succession is controlled by Louisiana law. For more information, visit LouisianaLawHelp.org.

This is document allows another person, generally someone trusted, to act on your behalf regarding financial and health decisions as an agent. In Louisiana, this can be durable, meaning that this person will continue acting as your agent upon your passing.

A Special Needs Trust allows the settlor to make a plan for disburements of money to an indivdual with a qualifying disability. By creating a Special Needs Trust, the money you left to the beneficiary will supplement the beneficiary's entitlement to government aid rather than replace it.

Many legal documents such as a will require at least one witness. A witness must be a disinterested party, i.e. heirs cannot act as witnesses.

An Affidavit of Heirship is a legal document that asserts a right through heirship laws. The document must be executed in the presence of a notary. Not all agencies or organizations will accept an Affidavit of Heirship as proof of an interest in an inheritance. Check with the agency or group to verify whether this kind of a document is sufficient for your needs.

Customary powers refer to the things your attorney is allowed to do, as outlined in the power of attorney document. It is generally recommended to give them all possible customary powers

Property that is passed from one generation to the next without recordation in the parish or city land records.

Legal term for the person whom the Agent is acting.

Any person who has made a will.