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How We Address Your Legal and Emotional Needs

We understand the multifaceted challenges you face when dealing with probate and estate administration. Our dedicated probate lawyers and estate attorneys provide comprehensive support and effective solutions tailored to your unique situation.

Navigate Legal Complexities

We guide you through the intricate legal landscape of probate and estate administration, ensuring you understand your rights and the best course of action with the support of an experienced probate lawyer.

Protect Your Interests

Our dedicated estate attorneys take decisive and strategic action in probate litigation, ensuring that every aspect is carefully considered and addressed to protect your interests.

Ease Financial Concerns

With our contingency fee structure, you can pursue justice with the help of a trusted estate lawyer, alleviating financial stress during this challenging time.

Offer Emotional Support

We recognize the emotional toll of losing a loved one and provide compassionate support, helping you manage stress and focus on your well-being while working with a caring estate attorney.

Immediate & Effective Action

Our prompt legal intervention ensures that your concerns are addressed quickly by an experienced probate attorney.

Achieve Positive Outcomes

We are committed to securing favorable results for you, leveraging our probate lawyers’ experience and resources to increase the chances of a successful resolution.

Understanding Succession and Estate Administration in Houma and Terrebonne Parish

When someone passes away, his or her family must often go through a legal process called succession. In essence, it involves the Louisiana courts transferring the deceased person’s property and money to the individuals, charities, or other parties named in their will. If the person died intestate (without a will), the assets will be distributed according to the rights of succession set forth in Louisiana law.

At the law firm of Damon J. Baldone & Associates, we are available to open succession proceedings and handle all aspects of the estate administration process. Our Houma and Terrebonne Parish estate planning lawyer has 20 years of legal experience and could help you understand your rights during an otherwise confusing and difficult time.

Your Satisfaction, Our Commitment

Risk-Free Service Guarantee

We understand the importance of trust and satisfaction in the attorney-client relationship, particularly when handling sensitive matters such as probate and estate litigation.

Meet Our Founder and Learn About Our Success

Damon is a lifelong resident of Houma, Louisiana. He graduated in 1982 from Vandebilt Catholic High School. He then received a B.S. in Biology in 1986 from Nicholls State University. As a graduate student, he taught Biology lab and worked in the genetics lab at Louisiana State University. He taught Mathematics at Nicholls State University before spending one-year teaching sciences at Henry Ford Junior High School. Damon then found his true passion in law, graduating with his Juris Doctorate in 1992 from Southern University Law Center, and has practiced law for over 30 years.

He has served his community by being a former State Representative and Public Service Commissioner involved in the Houma-Terrebonne Chamber of Commerce, the Thibodaux Chamber of Commerce, the Terrebonne Association for Retarded Citizens (TARC), The Barataria-Terrebonne Estuary Foundation, the Knights of Columbus, the Houma-Thibodaux Apartment Association, St. Joseph’s Italian Society, Restore and Retreat, South Central Industrial Association (SCIA), and is a parishioner of St. Francis church.

He has volunteered with United Way, American Cancer Society, the American Heart Association, and Relay for Life. Nationally he was involved with the National Council of State Legislatures, the American Legislative Exchange Council and the National Apartment Association.

In his free time, Damon is an avid outdoorsman as well as a pilot.

Limited Intake for Probate and Estate Administration Cases

Contact us today to get the help you need from an experienced probate attorney to resolve your probate and estate financial questions.

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What Our Clients Are Saying

Professional team, excellent communication. Difficult situation to say the least, but they made me feel like I was going to be ok and they were on my side.

- B. M.

An awesome law firm. If your looking for an attorney you can trust Damon Baldone & Associates is the firm to go with. Associated with this firm from many years ago. Good parking. Wheel chair ramp. Nice shade tree bench out on porch, easy to find, easy to get in and out of parking lot. We highly recommend this firm.

- Debra & Alton Vickers

Damon Baldones firm is the best very caring and great service. I am very greatful to him and his staff.

- Jeff Werchan

Understanding Probate and Estate Administration Law

How Does Probate Administration Work in Louisiana?

The probate process in Louisiana usually starts with filing a Last Will and Testament with the court of appropriate jurisdiction. Probating a Will in Louisiana isn’t as simple as just recording the Will. A Petition for Probate must be prepared—typically by a probate attorney—to request the Court to open a Succession, which is given a Docket Number like a civil lawsuit. A court Order is issued admitting the Will to probate, and an Executor is appointed with responsibility for administering the estate, often with guidance from an experienced estate attorney.

What are the Qualifications of an Executor in Louisiana?

An Executor in Louisiana must be at least 18 years old and not otherwise “disqualified.” An executor is disqualified from serving if they are:

interdicted or mentally incompetent
a convicted felon
a non-resident of the state of Lousiana, unless a registered agent has been appointed in the state of Louisiana
a corporation not authorized to perform duties of the office in the state of Louisiana
a person of “bad moral character.”

Litigation over the qualifications of an executor often centers on allegations of “bad moral character,” which is not a defined term in Louisiana law. A Louisiana judge has a tremendous amount of discretion in determining what may constitute “bad moral character.”

Does Louisiana require a Succession when the first spouse passes away?

Yes, as a general rule, Louisiana requires a Succession anytime a person passes away with assets in his or her name and have not made legal arrangements to avoid probate. For those individuals who have no will and own property or assets as community property (acquired during the marriage and not part of an inheritance), the surviving spouse will be entitled to the exclusive use and enjoyment of the community property but still must open the Succession proceeding as soon as practicable after the death of the spouse.

What is a Will?

The document a person signs to provide for the orderly disposition of assets after death. Wills do not avoid a Succession. Wills have no legal authority until the willmaker dies and the original will is delivered to the Succession Court. At a minimum, most lawyers advise having at least a will but many individuals find having a Will and Trust fits their situations best in establishing an Estate Plan.

What is a Living Will?

Sometimes called an Advance Medical Directive, a living will allows you to state your wishes in advance regarding what types of medical life support measures you prefer to have, or have withheld/withdrawn if you are in a terminal condition (without reasonable hope of recovery) and cannot express your wishes yourself. Oftentimes a living will is executed along with a Durable Power of Attorney for Health care, which gives someone legal authority to make your health care decisions when you are unable to do so yourself.

What is a Succession or Probate?

A Succession is the court supervised process that a surviving spouse or a deceased person’s children or relatives must go through when a person passes away with assets in his or her name and have not made legal arrangements to avoid probate. The term Succession is an uniquely Louisiana term which can be correlated with the term “Probate” in other states. Succession proceedings can be expensive and time-consuming. Additionally, the court proceeding and associated documents are all a matter of public record. Many people choose to avoid probate in order to save money, spare their heirs a legal hassle, and keep their personal affairs private.

How much does probate cost? How long does it take?

The cost and duration of probate can vary substantially depending on a number of factors such as the value and complexity of the estate, the existence of a Will, and the location of real property owned by the estate. Will contests or disputes with alleged creditors over the debts of the estate can also add significant cost and delay. Common expenses of an estate include executor’s fees, probate attorney fees, accounting fees, court fees, appraisal costs, and surety bonds. After consultation with one of our estate attorneys, we will be able to give you a clearer idea of probate costs, taking into account the unique aspects of each case. Most estates are settled through probate in about 9 to 18 months, assuming there is no litigation involved.

What happens if someone objects to the Will?

An objection to a Will, also known as a “Will contest” is a fairly common occurrence during the probate proceedings and can be incredibly costly to litigate.

In order to contest a Will, one has to have legal “standing” to raise objections. This usually occurs when, for example children are to receive disproportionate shares under the Will, or when distribution schemes change from a prior Will to a later Will. In addition to disputes over the tangible distributions, Will contests can be a quarrel over the person designated to serve as Executor.