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All other assets, such as your home or an investment account, are considered “probate assets.” If you have any probate assets, you can avoid the probate process with additional planning. The best way to do this in Louisiana is through a living trust, which is just a trust that you establish while you are alive.

Revocable trusts last as long as you want them to and can be canceled at any time. At the time of your death, a revocable trust becomes irrevocable. Irrevocable trusts are permanent. They last for your entire lifetime and after you've passed.

When it comes to protection of assets, an irrevocable trust is far better than a revocable trust. Again, the reason for this is that if the trust is revocable, an individual who created the trust retains complete control over all trust assets.

Nevada, South Dakota, Delaware, Alaska and Wyoming are generally recognized as the states with the most favorable trust laws and regulations. These states generally have a favorable tax environment, strong asset and privacy protection laws, and flexible decanting provisions and trust modification options.

One option is to set up a living revocable trust, which is a legal document that lets you change the terms of the trust or revoke it entirely at any time while you are alive. Financial expert Suze Orman is a big champion of living revocable trusts, saying on a recent podcast that “there is no downside” to having one.

The main disadvantage of a revocable living trust is that it does not protect you from creditors or lawsuits. Because you have control of everything in your trust and have access to the assets, you can still be sued for liability.

The trust allows you to appoint someone you know and trust to be a Trustee in the event you are unable to serve or to continue to serve as Trustee of your own trust. You stay in control as long as you can, then you can allow a family member or another person to help manage assets for your benefit.

A major benefit of the living trust is that it will not have to go through the probate process, as a will must do. But, in some states, the probate process is quick and inexpensive, so it really depends on your state and the types of assets you own.

When you create a living trust in Louisiana, you are the settlor. The settlor establishes the terms of the trust and places assets into the trust. A trustee must be named to manage the assets. It is common to name yourself, with a successor trustee in place to take over after your death.