What Documents Should The Survivors Of The Decedent Search For?

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When a person dies, it’s a traumatic, stressful, and confusing time for their family members, but in order to prevent conflict among the heirs and ensure that nothing untoward happens insofar as the deceased person’s estate, there are several items that need to be located as soon as possible once the person has passed. The first and most important item is the last will and testament. In most cases, someone in the family will know whether or not the decedent left a will and where it is located.

The second document to search for is referred to as a notarized declaration. The law in Louisiana allows for someone to execute this document in advance. The decedent in this document names a certain person to handle the disposition of his remains. In this document, the individual would have listed the following pieces of information:

• The name of a particular individual who will handle all decisions concerning which funeral home is to handle the preparation of his body for burial
• The name of the cemetery he wants to be buried in
• The name of a person who will be in charge of organizing the actual funeral service
• The location of the funeral service
• The music to be played at the funeral (there may be a hymn or some music that is not of a religious nature that he would want performed at his service)
• The name of a person who he would want to preach at his funeral service, such as a current or former pastor
• The names of family members or friends who he would like to have speak at his funeral service
• Whether or not he would like his body to be cremated (cremation is becoming more and more common these days, and this preference would definitely need to be stated in the notarized document)

This notarized declaration will save the family from having to make all of these decisions themselves, as well as lessen the chances of disputes regarding the disposition of the decedent’s remains. During this time of confusion, stress, and trauma, anything that can be done to make the process run more smoothly will certainly be appreciated by the survivors.

Does The Power Of Attorney Not Expire Upon The Death Of The Person Granting The POA?

In general, the power of attorney does not expire until the death of the person who granted the POA. A durable power of attorney in Louisiana contains a provision that in the event of the death of the grantor of the power of attorney being legally interdicted, the grantee of the power of attorney should be afforded as guardian of the interdicted person. To clarify a point, in Louisiana, an interdiction is the legal process by which a curator is appointed by the court to handle the legal affairs of someone who, due to his mental and/or physical impairment, cannot manage them himself.

If the decedent did not name an executor in his will or testament and it is admitted to probate, his designation of a person to be his curator in the event of his interdiction is used by the probate judge to give that person first preference in the selection of an executor or an administrator for the estate of the deceased person. The fourth item to locate would be a copy of his deed to the house and lot, a second home, a vacation home, or any investment real estate.

For more information on Important Documents Of A Decedent in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450.