Because violence is very traumatic and you may be in shock, you may want to seek legal advice or talk to a trusted friend before making any major legal decisions or signing any legal or official looking forms/paperwork.

WILLS AND ESTATES

In the event that you are an heir to the decedent’s (deceased person’s) possessions, you will need a lawyer to prepare the legal papers to transfer ownership of the possessions to you. Note that this means that you legally inherit whatever assets and debts belonged to the deceased. It might be worth your while to speak to a lawyer if there are a lot of debts involved, as they might be able to help reduce the amount.

Louisiana is a community property state (things owned together), so one-half of the assets could be the spouse’s property.

If there is no will, the Louisiana rule is that the children (including adopted children) inherit the decedent’s property. If there are no children, and there is community property, then the spouse is the inheritor. If there is separate property and no children, then the siblings (adult or minor) will inherit. However, the parents will have usufruct, meaning use of any property. For example, if the decedent owned rental property, the siblings would own it, but the parents would get the rent payments (and pay insurance, mortgage, taxes, etc.).

With the help of an estate lawyer (or general lawyer who also practices estate law), and again when there is no will, you can ask the court to appoint you the executor (or representative) of the decedent’s estate – this is called a succession – so you can close the affairs of the decedent and distribute the property to the heirs.

If the person who died had assets less than $125,000, and there is no will, you can complete an affidavit to transfer ownership of the decedent’s property, including real estate, rather than go to court to open a succession. You will need the assistance of a lawyer, or notary, to do this.

You can get legal advice and representation through various legal aid and law clinics, of which many are free.

In Louisiana, you can handwrite a will. All you need to make it official is the city, the date, and your signature. This is a legal will and it is free. It’s a simple way to be clear as to whom you want to receive your worldly possessions, and possibly avoid unpleasant fights or conflicts.

• If you have sufficient assets and are concerned your child or grandchildren will squander the inheritance, you can include a trust in your will so a professional manages the inheritance, and your heirs receive a monthly income rather the entire inheritance in a lump sum.

DEATH CERTIFICATES

The funeral home will provide you with a death certificate. They coordinate this with the Coroner’s office. If you think you will need extra certificates, they will charge you a small amount for them. If relevant, you will need them for banks and credit card companies, loans, the IRS, and insurance; some of them may be willing to accept photocopies, or notarized copies.

FUNERAL AND LIFE INSURANCE

Burial or funeral insurance can only be used to take care of your loved one’s final expenses, whereas life insurance will provide you with a lump sum to spend however you want. Locate the policy and tell the company of the death. Find out what kind of documents they need to issue a check.

An insurance company has the right to do their own investigation into the case, which can delay payment. The policy may require having an accidental death provision included in order to receive compensation. You may not get burial compensation from Crime Victims Reparations if you already have this coverage.

BENEFICIARIES

If the deceased was named as a beneficiary on any of your policies or accounts, contact the various institutions to change this information.

FINANCIAL INSTITUTIONS

Contact each financial institution where the deceased had an account. The bank will typically ask for an original death certificate for their records. They will then run a check to see what types of accounts the deceased had. They will be able to tell you what needs to be done; each institution will have its own procedures. Some carry insurance clauses that cancel debt balances upon death.

CREDIT CARD COMPANIES

Credit card companies also need to be notified in the event of a death. They may want a copy of the death certificate. If you have a joint card with the deceased, you will have to close the joint account and open a new one. Ask each company for help finding out if there are outstanding debts or obligations with the card(s).

LOANS

After death, some institutions will forgive the debts – but not all. You may be required to send to the various lenders an original death certificate as well as a copy showing you are the executor of the estate.

SAFE DEPOSIT BOX

If you are the executor of the estate, and can provide proper identification and a death certificate, you can enter the box to obtain any documents and possessions contained inside.

MONITORING THE MAIL

Sometimes statements are sent every 4 months, or once a year. These will alert you to accounts you did not know about. If applicable, get mail officially forwarded to your residence. Go to your local Post Office to get the form.

REAL ESTATE

Find the deeds to all properties and have the deceased’s name removed from the documents. This has to be done through a succession or with an affidavit.

HOMEOWNERS INSURANCE

If the property will be vacant, consider getting vandalism coverage, and take steps to protect the property as best you can. Ask the police for advice.

AUTOMOBILE

You need to find the title and bring it to the DMV with a death certificate. If you can’t find it, you can obtain an Application for Duplicate Title from the DMV. If there are still car payments due, you will need to pay off the loan. You can then transfer the title and registration into your name.

AUTO INSURANCE

Let the insurance company know of the death, and if applicable, ask about continuing the insurance in your name.

IRS

Be sure to notify the IRS, if age relevant. They will need an original copy of a death certificate. The spouse or family member has to file the decedent’s final state and federal income tax returns. This serves as notice of death to the IRS.

SOCIAL SECURITY

The Social Security administration (SSA) should be notified. Most funeral directors will do this for you as part of their service. Call (800) 722-1213 to be sure the change has been processed. You will need the deceased’s full legal name and social security number. The SSA will sometimes provide a onetime benefit of a couple of hundred dollars to the surviving spouse or dependent children.

MEDICARE

You should not need to notify Medicare.

CIVIL LAWSUIT

A civil case is a legal proceeding between 2 parties, where the plaintiff (person harmed) seeks to prove that the defendant (accused party) caused loss to the plaintiff, and sues the defendant for damages. You must see a private attorney if you want to pursue a civil case. (A criminal case is a legal proceeding brought by the State against the defendant.)

If you have experienced significant emotional or financial loss as a result of the crime, you may want to discuss filing a civil case against the defendant with a private attorney. A civil case may result in payments from the defendant to the plaintiff, but there can be no punishment (jail time) of a defendant in a civil case.

• You are allowed one year from the date of the crime to file a civil lawsuit against.

You can file a civil case even if you did not win the criminal trial. In civil cases, there are 6-12 jurors, and all must agree on the verdict. A civil jury has to find "the preponderance of evidence" against the defendant, which means that it is more likely than not that the defendant caused the loss; this is a lower standard than that found in a criminal case (which demands proving the defendant committed the crime “beyond reasonable doubt”). Thus, the civil case may be easier to prove than the criminal case.

• One of the most infamous examples of this is O.J. Simpson’s case, where he was acquitted in the criminal case, but found liable for damages in the civil case.

Note however, that you must pay all court costs and the fees of your private attorney if you want to file a civil suit. Some lawyers will file the case on “contingency” so that you do not pay unless they win money from the defendant, but you must be clear what fees and charges the attorney will get at the end of the case.

• If a defendant does not have any assets or sources of income, you may not be able to collect, even if you win the civil case. Obviously if the defendant doesn’t have any assets there is no point to doing this. In the event that the defendant had insurance, most policies will not cover intentional tort (a civil wrong), although they may cover cases involving negligence. You can discuss with a lawyer whether it is worth going through another trial if there is nothing substantial to gain.