Category Archives: blog

blog posts

If I Die Without a Will in Louisiana, Who Inherits My Property?

– Handy Outline of Succession from an Estate Planning Attorney in Shreveport

Many of us have heard the horror stories of heirs fighting for their share of a family’s estate. It is especially disheartening to learn of the greed and deceptive lengths some people will stoop to for a bigger slice of the pie. Stories like these are portrayed in Hollywood films, but the fact remains, if you die without a will in place, you may have inadvertently put family harmony at risk.

Implement a correctly executed will to save your family some heartache during an already stressful time. Enlist the services of an estate planning attorney in Shreveport like David L. White. He and his team can ensure your wishes leave no room for doubt after you pass. He will guide you through the process now to avoid legal and financial issues later.

How the Line of Intestate Succession Works

You may assume that your spouse gets everything before your children. That is not the case in Louisiana because there are certain caveats. Here is a general overview of who gets what if you die without a will (i.e., intestate):

  • Children – no spouse: Your children will get everything from your estate and divide it amongst themselves.
  • Spouse – no children, parents, or siblings: This is the only time your spouse receives everything.
  • Parents – no children, spouse, or siblings: Mom and Dad will inherit all of your estate.
  • Siblings – no children, spouse, or parents: Your brothers and sisters will divide your belongings and property.
  • Spouse and children: It starts getting interesting when your spouse survives, and there are children. Your kids inherit your share of community property plus any separate property. However, spouse will have the right to use your share of any community property during their lifetime.
  • Spouse and parents, no children: Your spouse will receive all of the community property, while your parents will get any separate property.
  • Spouse and siblings, no parents: Similarly, your husband or wife will inherit your interest in community property, and your brothers and sisters will get separate property.
  • Siblings and parents, no spouse or children: In this instance, your brothers and sisters inherit everything subject to your parents’ right to use your property during their lifetime.

As you can see, there are many different avenues your estate can follow based on who your heirs are. Additionally, since Louisiana is a community property state, the law differentiates between the community and separate property. Don’t overlook forced heirs either.

Work with an Experienced Succession Attorney in Shreveport

Avoid putting your wishes in jeopardy, and give your family the gift of peace of mind, knowing clearly who gets what when you die. Hire the services of Shreveport’s established estate planning attorney David L. White. He understands Louisiana’s intricate laws and assists you in establishing a plan now. You can depend on his years of experience and knowledge to ensure your descendants get what you want them to have.

Contact your Shreveport estate planning attorney to find out more about creating your last will and

What Is a Succession Plan and When Do I Need One?

– Helpful Insights from a Succession Attorney in Shreveport

Many people often hear the term “probate” when a loved one dies, which is the process of transferring ownership to the appropriate heirs. In Louisiana, we call probate a “Succession.” Essentially, it is the same thing as probate and comprehending the complexities that go along with it can be frustrating and confusing.

Contrary to what some may tell you, even if mom or dad died with a Last Will and Testament in place, their estate is still subject to Succession proceedings. When dealing with the intricacies of the estate laws, seek the help of a Shreveport succession attorney who understands your needs and the court’s requirements. David L. White has decades of experience serving Louisiana’s citizens with their probate needs.

Understanding the Succession Process

The decision to make a will or not, is a personal one. There are many advantages to having one. Either way, it does not matter whether a Last Will and Testament was created when a loved one dies, because there are several items that must be handled through Succession proceedings, such as:

  • Determine If You Can Use a Small Succession Affidavit Procedure – Your Succession lawyer can assist with this step. If the decedent dies and the following apply:
    • their gross estate is less than $75,000; and
    • they died while domiciled in Louisiana; and
    • they did not have a will.

    Keep in mind that not all third parties may honor the affidavit; for example, a brokerage firm may not transfer assets without a full Success procedure.

  • Deciding What Assets May Be Involved – Not all assets are considered part of the Succession process. More specifically, those types of property that have beneficiary designations. For example, IRAs, 401k(s), life insurance policies, and annuities can pass to the chosen beneficiary without having to go through the court proceedings.
  • Gathering Appropriate Information for Your Attorney – There are a few items you will need to pull together before you meet with your lawyer. They include:
    • Names and addresses of all heirs and creditors
    • Full list of all assets owned by the deceased, including real estate, investment accounts, bank statements, and vehicle and boat titles
    • Complete list of debts such as the mortgage, credit card balances, car notes, and any other obligations
    • The original signed Last Will and Testament to be filed at the courthouse

Work with an Experienced Succession Attorney in Shreveport

To avoid making unfortunate mistakes with your deceased family member’s estate, hire an experienced and capable Succession attorney like David L. White. You can rely on his years of experience in Louisiana law and know that he understands the emotions you are going through.

Contact your Shreveport attorney to find out more about handling your deceased loved one’s Succession. Call us today at 318-747-7023.

How to Prepare to Meet with Your Criminal Defense Attorney

– Tips from an Experienced Bossier City Law Firm

Sometimes circumstances are unfortunate, and you may find yourself in a tough situation. If you have been arrested for a felony or misdemeanor, things can get pretty scary. The legal system itself is intimidating. One of the many decisions you will be faced with is choosing your legal defense. If the court does not appoint one for you, you will need to hire an experienced lawyer capable of defending your rights and helping you through the process.

If you are the one accused or charged, seek out a competent criminal defense attorney like David L. White. His high success rate is a result of years of experience in the Louisiana criminal justice system. He fights for you and defends your rights so you and your family can have a second chance at life.

4 Suggestions to Prepare for Initial Consult with Your Criminal Defense Lawyer

During this nerve-wracking time, your stress and tension levels will be high. To aid you in discussing your case with your attorney, take a moment to slow down and use these tips to prepare for your first meeting:

  1. Make a list of everything that happened. Open, honest communication is not an option; it’s critical. Be prepared to share all aspects of your case, including facts that may not reflect well on you. Avoid hiding your criminal history if you have one. Let them know about any statements you made to the police and if you confessed to the crime or admitted to incriminating details. Reveal your relationship to the victim, if there is a connection.
  2. Think about any witnesses your attorney can interview. Having an alibi helps and having witnesses that can aid your case is even better. Remember, if you are out on bail, leave it to your lawyer to contact people and gather evidence. The last thing you want is to be accused of tampering with witnesses or evidence.
  3. Write down a list of questions. You should feel free to ask questions and understand what is going on with your case at all times. A good lawyer will explain the government’s evidence against you and what their strategy for defense will be.
  4. Be ready to pay any upfront fees. Some attorneys require a flat fee to be paid. If payment arrangements can be made, ensure you make them on a timely basis.

Hire a Bossier City Criminal Defense Attorney Who Aggressively Fights for You

Ensure you have the best legal representation when you hire David L. White. His years of experience in criminal defense means you can rest assured that you are working with an attorney who can help with your case. We analyze and prepare for each case as if it is going to trial. We will do what’s right for you and your family.

Contact your Bossier City criminal defense attorney to find out more about how we can help you. Call us today at 318-747-7023.

Power of Attorney, Durable Power of Attorney, and a Living Will – What’s the Difference?

– Useful Information from an Experienced Bossier City Law Firm

Everyone needs to have a plan in place should they become incapacitated or when they die. For most people, the first thought that comes to mind is the last will. This tool does establish your wishes after death, but other documents can aid you when medical decisions are needed and you cannot speak for yourself. They include a power of attorney and a living will.

Knowing what can help you in your time of need may be confusing. Not having your wishes drawn out for others can lead to frustration and potentially, family strife. However, when you line out specific requirements if you become incapacitated, you can ease your family’s burden and avoid conflict. Working with an experienced Bossier City law firm can make the process simpler so you can keep on living your life fully.

Learn the Differences of POAs, Durable POAs, and Living Wills

Once you understand the differences between these documents and the power they hold, you can make better decisions for your future and your estate. Use this guide to become familiar and then head to your trusted attorney for advice and guidance:

  • A power of attorney gives your designated person the ability to act on your behalf. In general, your agent, or attorney-in-fact, may make decisions about your financial affairs, buying insurance, operating your business, and even making gifts. This tool helps if you will be out of the country or out of state for an extended period of time.
  • Special POAs can be used instead and give specific powers to your attorney-in-fact. For example, you may want your son to handle the sale of your home because you cannot make the closing. Other ordinary matters used for specific POAs include collecting debts or managing real estate.
  • A durable power of attorney steps in if you become mentally incompetent. A durable power of attorney designates a trusted person to make health care decisions for you. You may even have a durable POA for financial choices as well. It only applies if you lose the ability to make choices through illness or an accident.
  • A living will establishes directions for end-of-life care. While this will not appoint someone to make your health care decisions for you, it will address your medical wishes. For example, it covers your choices on artificial respiration, withholding nutrition or hydration, and any pain medications. It can even spell out if you want to live your final days at home or in the hospital.

Make Your Estate Plan with the help of a Bossier City Law Firm

Ensure your wishes are carried out both in death and if you become incapacitated, when you establish a comprehensive estate plan. To understand which tools are the best choice for you, talk to an attorney with many years of experience. David L. White knows the Louisiana legal system and is available to assist you in laying the foundations for effective estate planning.

Contact your Louisiana lawyer to find out more about obtaining a power of attorney, durable power of attorney, and a living will for you and your family members. Call us today at 318-747-7023.

5 Motorcycle Safety Tips to Keep You Protected on the Open Road

– Helpful Information from an Experienced Bossier City Personal Injury Attorney

You have probably seen the bumper stickers reminding drivers to be aware because motorcycles are everywhere. When you are one of the joyous bikers, hyper-vigilance is one way to enjoy your ride and make it back home safely. Once you have felt the wind whip in your face as you cruise a curvy backroad, nothing can replace the exhilaration. According to the United States Department of Transportation, fatalities in motorcycle crashes have decreased, but that does not mean you should rest easy when you are on the open road.

Protecting yourself starts with common sense. For example, stay alert of other drivers on the road and always assume the cars around you do not see you. If you are injured in an accident, you need an experienced Bossier City personal injury attorney on your side. David L. White and his team are ready and able to help you get the compensation you deserve. Get your life back with help and timely advice from our friendly and knowledgeable team.

5 Suggestions for Bikers to Stay Safe on the Road

Use these tips before your next motorcycle cruise:

  1. Get Accustomed to a New or Unfamiliar Bike – It’s great to buy your first bike or a new one but before you take it out on a long ride, practice riding it in a controlled area. You should get a good feel for how the motorcycle handles and responds.
  2. Conduct a Before Flight Inspection – Do a walk around to check your brakes, tread depth, headlights, and signal indicators. Take a peek at the fluids as well. Make sure you have the right tire pressure for the terrain you will be riding in that day.
  3. Wear Proper Protective Clothing – Start at the top and wear a DOT-approved helmet. Then cover all your body parts with durable materials such as leather or approved safety clothing. Boots are your best choice and flip flops should be avoided.
  4. Avoid Riding When Tired (or Under the Influence of Substances) – You need all your senses intact, so refrain from riding if you are tired. Take breaks if you are on a long ride. Also, do not operate your bike if you have consumed alcohol or drugs.
  5. Check the Weather – Take a peek at the day’s weather forecast before jumping on your motorcycle. Getting stuck in a downpour not only dampens your fun, it can also be dangerous.

Get Help from a Trusted Personal Injury Attorney in Bossier City

Enjoy the open road by staying fully aware of what is going on around you. Dress for safety. If you find yourself in the unfortunate situation of being injured in a motorcycle accident, you need a personal injury attorney who works hard to get you the results you need. Get your life back on track by working with David L. White. He can help you understand and navigate the legal proceedings. You can trust him to do what’s in your best interest.

Contact your Bossier City personal injury attorney today at 318-747-7023 if you have been hurt in a motorcycle accident.

Considering Interdiction for Your Aging Parent? Understand Your Duties

– Helpful Information from an Experienced Interdiction Attorney in Louisiana

There comes a time when you may have to take steps to care for your loved one’s financial and physical needs. Dementia and Alzheimer’s can wreak havoc on a family as they watch their strong, loving parents succumb to the effects of the disease. Suddenly, Mom is leaving stove burners on or wandering around town at 2:00 AM. You notice that Dad no longer takes care of his physical needs and fails to pay his bills because he can no longer remember to do so.

Interdiction may be your next step in protecting your family member. There are many things to consider and handling the duties as a curator is one of them. Working with an experienced Louisiana interdiction attorney can make the process clear. You need to understand your rights and duties, so you can proceed with confidence.

Duties and Rights of an Interdiction Curator

If an interdiction is granted by the courts, you may be appointed with the care of the person. This will include making decisions and acting in their stead. Here is a further breakdown of your potential duties:

  • Act with Your Mom or Dad’s Best Interest in Mind – You will need to exercise reasonable care and diligence when making decisions.
  • File Annual Reports – Each year, you will be expected to file an annual report with the court. It needs to list the assets of your parent and show any expenditures you made on their behalf. It will also need to include additional information, such as how the interdicted person is doing physically and mentally.
  • Decisions to be Made – You will be expected to make decisions such as consenting to medical treatment, where the person will reside, and other legal decisions. You will also sign checks and handle investing and bill paying duties.
  • Liabilities – While you may not be responsible to a third person because of the acts of your parent, you can be responsible for damages from your own acts.

Duties and Rights of an Undercurator

It’s possible that you may be appointed to act as an undercurator. That means you have the responsibility to make sure the curator is acting on behalf of your family member. You would have full access to the interdicted person’s medical records, bank accounts, and personal reports. You may or may not take over for a curator if they can no longer perform their duties.

Understand Your Duties as a Curator with the Help of a Louisiana Interdiction Lawyer

Ensure you can take care of your loved one completely while performing your curator duties with the help from David L. White. His years of experience in Louisiana law ensure you are working with a knowledgeable attorney who also understands that this is a stressful time. Continue to care for your loved one while meeting your duties.

Contact your Louisiana lawyer to find out more about obtaining an interdiction for your loved one. Call us today at 318-747-7023.

Why You Should Hire a Divorce Lawyer Instead of Risking D-I-Y

– Experienced Attorney in Bossier City, Louisiana Weighs In

Even though statistics indicate that divorce is common, it does not make the process any easier. The relationship between spouses is a strong bond based on building a life together that is suppose to last “until death do you part.” Unfortunately, that is not the case for many couples. If you are in the position of a failed marriage, your spouse may suggest saving money by trying the DIY approach. This is a time of extreme vulnerability, and it would be easy to overlook your rights as a spouse, parent, and individual.

DIY-ing may be fun for redecorating a bedroom, but it can cause a severe detriment to your legal rights. Get a quick and fair settlement by working with an established Bossier City, Louisiana divorce lawyer like David L. White. Avoid the additional emotional turmoil over child support, visitation, custody, community property, and spousal support.

Save Your Legal Rights During Divorce

Often people site the expense that goes with utilizing the services of an attorney. What they may not think of is the specialized training undergone in the legal profession. These men and women spend years learning the legal system. They understand the law and its application to their clients. Consider these reasons to hire a lawyer for your divorce:

  • Understands the Law Process – There is more to filing forms than cutting and pasting items from one document to another. Certain forms need to be filed at the right time, including determining which one of the three divorce petitions you qualify under. There are specific rules that need to be followed. Failure to do so can hamper the divorce process or force you to start all over.
  • Your Legal Rights Are Protected – There are many aspects of your combined life to consider. For example, Louisiana is a community property state. That means you and your spouse have an equal interest in all property and debts except for those that are deemed separate by law. You may not realize you have rights to some properties.
  • Ensures Children Are Taken Care of – If children are involved, you will want to make sure that they are adequately taken care of. An attorney can walk you through how the courts view child custody, visitation, and child support.
  • Court Preparation – At some point, you may find that you are sitting in a courtroom answering questions from a judge. This can be intimidating. Your lawyer can prepare you ahead of time on what to expect and the questions you may be asked. Get this part wrong, and you might see your ‘quick’ divorce process lasting a long time.

Obtain a Fair Divorce with the Timely Legal Counsel

Ensure a fair and quick settlement when you enlist the services of David L. White. His years of experience in the courtroom and across the bargaining table can get you through this trying time and onto building a new life.

Contact your divorce lawyer in Bossier City to find out more about obtaining a divorce in Louisiana. Call us today at 318-747-7023.

Understanding Louisiana’s Forced Heirship

– Guidance from Your Estate Planning Attorney in Shreveport

You work hard for what you have, spending years making investments, saving money, and choosing not to waste your income. It makes sense that you would want to leave your wealth to those you love. Louisiana has a unique set of estate planning laws. If you do not have a will when you pass away, you are leaving the state in control of your hard-earned wealth, leaving it up to strangers to decide who reaps the benefits. Creating a will is crucial to protecting your family. However, a simple will leaving everything to your spouse may violate Louisiana’s forced heirship laws.

You can have your wishes honored with the assistance of an experienced estate planning attorney in Shreveport. When it comes to navigating the law, David L. White understands the system and can give you the advice you need to protect your assets and family after death.

Forced Heirship Still Exists in Louisiana

Many people are surprised that forced heirship still exists. Louisiana is the only state that utilizes this unique set of laws. Here are the basics to help you better understand how this can apply to your situation:

  • Definition: Basically, a forced heir is a child who is twenty-three-years-old or younger or who is mentally or physically incapable of taking care of themselves at the time of the parent’s death. An attorney can help you with the statutory definition, which is much more complex.
  • Collation: Under these laws, any gifts made to other children within three years of your death can be demanded back by the forced heir. The gift is then divided equally among all your kids.
  • How they must be provided for: When you die with a forced heir, they must receive 25% of your legacy. If you have more than one forced heir they will receive at least half.
  • How this affects your spouse: Many couples believe the surviving spouse should receive everything they have worked hard for. That is not possible with forced heirship in the case of minor or disabled children. Instead, this would violate Louisiana’s laws.
  • Possible options: There are few options to ensure that your eighteen-year-old child does not squander what they have been left with and still provide for your spouse. Leaving the surviving spouse the legal right of their estate and naming their children as the forced heirs is one possibility. Another option is to put everything into a trust until the other spouse dies.

Plan Your Estate with a Dedicated Shreveport Attorney

Leave your legacy to whom you want while still honoring the Louisiana laws when you talk to a dedicated Shreveport estate planning attorney. David L. White has years of experience creating wills, trusts, and power of attorney documents. You can entrust your planning needs to him and know your loved ones will get their inheritance as you envisioned.

Contact your attorney in Shreveport to find out more about planning your estate in Louisiana. Call us today at 318-747-7023.

How Long Should I Wait to Hire a Personal Injury Attorney?

– Timely Advice from Your Trusted Bossier City Law Firm

Crunch! That is the sound you remember as the other vehicle slammed into your car and sent you spinning into the intersection. Getting out, you gingerly pat yourself and take a quick inventory – no broken bones. No one else seems injured at the scene either, and you go home realizing that you may be sore in the morning but you will be OK. That is until the aches and pains do not go away, or you notice your balance is off. As you get to thinking, nothing has seemed right since the accident and now you wonder if there is something seriously wrong. Is it too late for help?

Avoid losing out on your opportunity to get help with your healing. There are statutes of limitations to consider and insurance companies trying to save a dime so don’t wait to hire a Bossier City personal injury attorney after your accident. David L. White understands the intricacies of the judicial system and will fight to get you the medical attention and monetary compensation you deserve.

5 Reasons to Hire a Personal Injury Attorney without Delay

If you are sitting on the fence trying to decide if hiring legal counsel is necessary, consider these reasons to find a lawyer today:

  • They Can Talk to Your Insurance Carrier: There will be property damage and medical bills that need to be taken care of. Your law firm can act as your intermediary and make sure bills get paid in a timely fashion.
  • Statutes of Limitations Must be Respected: If you have a medical malpractice suit, time is of the essence. They also require a lot of time and effort. The earlier you hire someone to help, the better for your case.
  • Insurance Companies will Seek their Own Interests First: Like most businesses, insurance companies want to make a profit. The more they pay out, the less they make. You need someone on your side to level the playing field.
  • Help with Medical Experts: Some firms have medical personnel on staff that can act as a buffer with your medical team. Others can point you in the right direction for finding the best medical help that can also testify on your behalf if your case goes to court.
  • Support Staff: A personal injury firm will have support staff to ensure all aspects of your case are clearly laid out. Besides recreating the accident, they can gather additional information to make sure you get the best possible settlement or verdict.

Consult an Experienced Personal Injury Attorney in Bossier City

Get the best representation now before you talk to your insurance carrier. Call David L. White to learn how he and his team can help you get the compensation and medical help you deserve. The seasoned professionals at our law firm are here to provide you with the support you are looking for.

Contact your Bossier City, Louisiana personal injury attorney today to get the help you need now. Call us at 318-747-7023.

How to Choose the Right Law Firm in Bossier City, Louisiana

Finding the right attorney to assist you with your legal needs should not be left to chance. In fact, the best time to find a lawyer is before you need one. No one wants to be left scrambling for help in the middle of a crisis. Being prepared can help you avoid having the ‘wrong’ type of firm represent you. For example, if you are facing criminal charges and possible jail time, you don’t want to be stuck with an attorney proficient in real estate law!

Experience is paramount to your case when the stakes are high. Whether you need representation for criminal charges, help with drawing a will, or getting the child visitation rights you deserve, David L. White has the knowledge and experience you seek. He understands the Louisiana judicial system and fights hard for those he serves. He is compassionate and understanding while making sure your legal needs are met.

Tips for Finding (and Hiring) the Best Law Firm for You

Avoid getting caught in a bind. Research lawyers now and save yourself headache and stress with these tips:

  • Interview Candidates: Discuss your needs with the attorney. Ask different questions about their experience, success track record, any special certificates or skills, and how billing works. Don’t be afraid to ask for client references. Remember this is about how the two of you interact. Is this someone you can be comfortable working with? Are your calls returned on time?
  • Pay Attention to the Help: Not only will you be working with one lawyer, but you will also be in contact with other staff members. Are they pleasant? Do they seem concerned about listening to your needs?
  • Check Out their Standing: In order to practice law in Louisana, a firm and its lawyers must be approved by the Louisiana Bar Association. You can go to the website of Louisiana’s Office of Disciplinary Counsel and make sure they are in good standing. You can also check out their reputation by looking at their Martindale-Hubble rating.
  • Remember: Size Does Not Matter: If you think a large law firm means a better one, think again. Larger firms require many more cases to keep the lights on, and often you can get left behind in the shuffle of case batching. Experience is gained in the courtroom and across the negotiating table, not in the number of paralegals they can afford.
  • Ask if they Partner Up: Sometimes, even the best professionals need help. Ask if your prospective firm engages with other lawyers to strengthen a client’s legal team. It may help to have the perspective of a specialist for your case.

Talk with an Experienced Law Firm in Bossier City, Louisiana

Find the best representation now before you need it later. Talk with David L. White to learn how he and his team can help you. The seasoned professionals at our practice are happy to work with you and provide the representation and support you are looking for.

Contact your Bossier City, Louisiana law firm today to start building your legal team now. Call us today at 318-747-7023.