Glossary of Terms and Concepts

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.

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.

When a trust is established, 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.

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. 

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.

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.

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.

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

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.