Firm and Legal News

Estate Planning in Louisiana: Understanding Forced Heirs Louisiana’s forced heirship laws are unique and can significantly affect how a person structures their estate plan. Unlike most states, Louisiana law requires that certain children receive a portion of a parent’s estate, regardless of what a will provides. These children are known as forced heirs.  Under the Louisiana Civil Code, there are two categories of forced heirs. 1. Children Under the Age of 24 A child of the decedent who is 23 years old or younger at the time of the parent’s death is considered a forced heir. If a parent dies while leaving a child under 24, that child is entitled to a reserved portion of the estate known as the forced portion. The forced portion is 25% of the estate if there is one forced heir, or 50% of the estate if there are two or more forced heirs. The remaining portion of the estate (the disposable portion) may be left to anyone the testator chooses. 2. Adult Children with Permanent Disabilities A child of any age can be a forced heir if they are permanently incapable of caring for themselves or managing their affairs due to a mental incapacity or physical infirmity. This category often includes adult children with significant intellectual or developmental disabilities. Because these children may require long-term care and financial support, Louisiana law ensures they cannot be disinherited. Planning Considerations Forced heirship requires careful estate planning. In many cases, a forced heir’s portion can be placed into a trust, allowing the inheritance to be managed responsibly while still complying with Louisiana law. For families with minor children or children with special needs, it is especially important to work with an estate planning attorney to structure a plan that complies with Louisiana law while protecting the long-term interests of the family. If you have questions about forced heirship or need assistance preparing a will or trust, consulting with an experienced Louisiana estate planning attorney can help ensure your plan is legally sound and tailored to your family’s needs. To learn more or to schedule a free consultation, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

Chelsea Cusimano : Accrued Vacation, Bonuses and Wages May All Be on the Table.

FinCEN's New Real Estate Reporting Rule Is Now in Effect — Here's What You Need to Know 1. The Rule is Live — Nationwide As of March 1, 2026, a landmark new Residential Real Estate Rule from the Financial Crimes Enforcement Network (FinCEN) requires federal reporting of certain residential real estate transactions. 2. Why It Exists The U.S. Treasury has long recognized that illicit use of residential real estate threatens national economic security, and this rule is designed to combat and deter money laundering at scale. 3. A Permanent, Nationwide Replacement Unlike FinCEN's previous Geographic Targeting Order framework — which imposed reporting obligations based on location, price, and property type — this new rule applies nationwide and captures a far greater number of transfers. 4. The Three-Part Trigger In plain terms, FinCEN is targeting transactions with three defining features: residential real estate, a buyer that is not a natural person (such as an LLC, corporation, partnership, or trust), and no traditional bank mortgage tied to the purchase (any organization that is not subject to Anti-Money Laundering regulation). 5. Private Financing Doesn't Exempt You Private financing arrangements, including hard money loans, do not qualify as institutional financing for exemption purposes, meaning many deals once considered routine may now trigger federal disclosure requirements. 6. Covered Property Types Covered properties include one-to-four family homes, condominiums, cooperatives, and certain unimproved land intended for residential use. 7. Who Must File While settlement agents and title companies are expected to bear the brunt of the reporting obligations, escrow providers and legal professionals may also be designated reporting persons depending on the transaction structure. 8. Limited Exemptions Apply The rule contains limited exemptions, including transfers occurring by reason of death, divorce, court order, or bankruptcy proceedings — and these exemptions are narrowly defined and must be evaluated carefully. 9. Filing Deadline The Real Estate Report must be filed by the last day of the month following the month of closing, or 30 days after closing — whichever is later. 10. Act Now Given the breadth of the new rule, residential property owners, investors, and real estate professionals should consult legal counsel early to ensure compliance, avoid unexpected closing delays, and properly allocate reporting responsibilities. For more information or to schedule a consult with a real estate attorney, contact Joseph Marriott at (504) 324-1886 or joseph@snw.law , or Johnston Burkhardt at (504) 324-2141 or johnston@snw.law . Disclaimer: This blog post is for informational purposes only and does not constitute legal or financial advice. Consult qualified legal counsel for guidance specific to your transactions.

How to Prepare for a Family Law Mediation Session Family law mediation works best when everyone comes to the table prepared. Mediation is not about surprise tactics or courtroom drama—it’s about informed decision-making, efficiency, and reaching an agreement that you are comfortable with and can live with long after the session ends. If you are scheduled for a family law mediation, there are two simple steps you should take in advance to set yourself up for success. 1. Complete the Mediation Questionnaire Thoroughly and Honestly Before mediation, clients are asked to complete a detailed intake questionnaire. This document is not busywork. It provides the mediator with essential background information about your case, including the issues to be resolved, areas of agreement, and areas of dispute. Take the time to fill it out completely and accurately. The more information the mediator has in advance, the more productive your session will be. Incomplete or rushed responses often lead to time being spent during mediation just clarifying basic facts—time that could otherwise be used to work toward resolution. 2. Gather Financial Documents in Advance For cases involving child support, spousal support, or property partition, having reliable financial information is essential. Mediation depends on realistic numbers, not estimates or assumptions. You should gather documents that reflect: Your current income (recent pay stubs, tax returns, or other income records) Bank account balances Retirement accounts and investment statements Real estate values Outstanding debts, including mortgages, credit cards, loans, and other liabilities You do not need to organize these documents perfectly or create spreadsheets unless instructed to do so. Simply having accurate, up-to-date records available allows discussions to stay grounded in reality and prevents delays caused by missing information. Why Preparation Matters Mediation is designed to be efficient, cost-effective, and respectful. When both parties arrive prepared, sessions tend to move faster, cost less, and result in clearer, more durable agreements. Preparation also gives you confidence. Knowing your financial picture and having thought through your priorities allows you to focus on solutions rather than reacting under pressure. If you and your spouse or co-parent are looking for a more respectful, efficient path forward, SNW’s Family Law Mediation Practice may be a good fit. To learn more or to schedule a consultation with SNW’s mediator, Johnston Burkhardt, contact him today at johnston@snw.law or 504-313-4199.

Louisiana Evictions: Is Louisiana a Self-Help Eviction State? No. Louisiana is not a self-help eviction state. Landlords cannot legally evict a tenant without going through the court system—even when rent is unpaid or a lease has expired.  This misconception leads to some of the most expensive landlord mistakes we see. Changing locks, cutting utilities, or removing a tenant’s belongings without a court order can expose a landlord to serious legal liability. What Is a Self-Help Eviction? A self-help eviction occurs when a landlord tries to force a tenant out without a court-ordered eviction. In Louisiana, common examples of illegal self-help evictions include: Changing or re-keying the locks Shutting off water, electricity, or gas Removing doors, windows, or appliances Throwing away or seizing a tenant’s personal property Harassment or intimidation to make the tenant leave These actions are illegal in Louisiana residential eviction cases , regardless of the reason for eviction. Louisiana Requires Court-Ordered Evictions In Louisiana, only a judge can order an eviction. Ownership of the property alone does not give a landlord the right to remove a tenant. Even if: Rent has not been paid The lease has expired The tenant violated the lease The landlord wants the property back The landlord must follow the Louisiana eviction process set out in state law. To learn more or to schedule a consultation with an experienced real estate attorney, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

Louisiana Evictions: Is Louisiana a Self-Help Eviction State? No. Louisiana is not a self-help eviction state. Landlords cannot legally evict a tenant without going through the court system—even when rent is unpaid or a lease has expired.  This misconception leads to some of the most expensive landlord mistakes we see. Changing locks, cutting utilities, or removing a tenant’s belongings without a court order can expose a landlord to serious legal liability. What Is a Self-Help Eviction? A self-help eviction occurs when a landlord tries to force a tenant out without a court-ordered eviction. In Louisiana, common examples of illegal self-help evictions include: Changing or re-keying the locks Shutting off water, electricity, or gas Removing doors, windows, or appliances Throwing away or seizing a tenant’s personal property Harassment or intimidation to make the tenant leave These actions are illegal in Louisiana residential eviction cases , regardless of the reason for eviction. Louisiana Requires Court-Ordered Evictions In Louisiana, only a judge can order an eviction. Ownership of the property alone does not give a landlord the right to remove a tenant. Even if: Rent has not been paid The lease has expired The tenant violated the lease The landlord wants the property back The landlord must follow the Louisiana eviction process set out in state law. To learn more or to schedule a consultation with an experienced real estate attorney, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

The Louisiana Eviction Process: A Simple Overview Evictions in Louisiana follow a strict legal process. While the timeline can be faster than in some states, landlords must follow each step carefully, which is why having an experienced real estate attorney matters. Skipping a step can result in dismissal or liability. Step 1: Notice to Vacate Most residential evictions require a five-day notice to vacate, excluding weekends and legal holidays, unless the lease provides otherwise. The notice must clearly demand possession and be properly served. Improper notice is one of the most common reasons evictions fail. Step 2: Filing an Eviction (Rule for Possession) If the tenant does not vacate, the landlord must file a Rule for Possession in the proper court. The filing typically includes the lease, proof of notice, and the grounds for eviction. Step 3: Eviction Hearing The court sets a prompt hearing. Both sides may appear, but the landlord bears the burden of proving entitlement to possession. Judges expect landlords to be prepared. Step 4: Judgment of Eviction If the landlord prevails, the judge signs a Judgment of Eviction ordering the tenant to vacate. This judgment alone does not authorize the landlord to remove the tenant. Step 5: Physical Eviction by Law Enforcement If the tenant remains, the landlord must obtain a Writ of Possession. Only the sheriff or constable may physically remove the tenant. Landlords may not change locks, remove property, or shut off utilities. How Long Does an Eviction Take? Uncontested Louisiana evictions can take three to six weeks, but delays are common when notice or procedure is improper. Bottom Line  Louisiana evictions are procedural. Doing it “almost right” often means doing it wrong. Following the correct procedural process protects both landlords and tenants—and avoids costly mistakes. To learn more or to schedule a consultation with an experienced real estate attorney, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

SNW and Johnston Burkhardt Launch Divorce and Family Law Mediation Practice Divorce mediation offers a fast, respectful, private, and more affordable alternative to courtroom litigation. Sternberg, Naccari & White, LLC is proud to announce the launch of its Divorce and Family Law Mediation Practice led by attorney Johnston Burkhardt, a certified Family Law, Child Custody, and Visitation Mediator. Many couples know they want a divorce, but they don’t want a fight. They want a process that is efficient, respectful, and focused on reaching a solution. Mediation offers a structured, confidential setting where spouses can resolve issues like custody, visitation, support, and property division with the help of a neutral mediator—without turning an already difficult transition into years of litigation. Why Johnston Became a Mediator As Johnston explains: “Over the years, I have been approached by spouses seeking divorce who ask me if I can represent both of them. They don't want their parents' divorce of the past – spending thousands of dollars for lawyers on each side and months of turmoil litigating every issue.” Recognizing the growing demand for collaborative, family-centered dispute resolution in Louisiana, Johnston pursued additional training and became a certified Family Law, Child Custody, and Visitation Mediator. He is listed on the Louisiana State Bar Association’s Mediator Registry. How Mediation Works at SNW Mediation is designed to help spouses reach clear agreements—efficiently and with dignity. Mediation sessions are guided, goal-oriented, and focused on practical outcomes. When appropriate, mediation can address: Parenting plans (custody, visitation, holidays, decision-making) Child support and related expenses Spousal support Community property partition and debt allocation Other family-law issues that benefit from a cooperative approach Mediation at SNW is charged as a flat fee and typically includes one half or one full day of mediation and the preparation of all agreements reached during the session. Spouses typically split the cost of the mediation. After the mediation is concluded, one of the parties can retain an SNW lawyer to file the documents with the court and finalize the divorce. Why Spouses Are Choosing Mediation Save in Legal Fees: Traditional divorces can cost tens of thousands of dollars, with both parties paying their own attorneys. Mediation often costs a fraction of that amount, with the parties sharing the cost of one mediator instead of multiple lawyers. Faster Resolution: Litigation can drag on for months or years. Mediation can settle the terms of a divorce in days. Private, Not Public: Mediation sessions are confidential. Keep your and your family’s personal matters out of public records and off the internet. Protect Your Children : Reduce the emotional toll on your children. Mediation fosters cooperation and helps parents build healthier co-parenting relationships. Respect Your Ex : There’s a reason you got married. You don’t have to hate this person. Let us help you navigate an emotionally responsible exit. Don’t Lawyer Up : Both parties appear unrepresented, but before an experienced, neutral mediator who knows the law. If they reach an agreement, one party retains an SNW lawyer for the purposes of filing the necessary agreed-upon documents. Schedule a Mediation Consultation If you and your spouse are looking for a more respectful, efficient path forward, SNW’s Family Law Mediation Practice may be a good fit. To learn more or to schedule a consultation with Johnston Burkhardt, contact him today at johnston@snw.law or 504-313-4199. For more information on divorce and family law mediation, click here .

What to Expect in a Family Law Mediation Session Divorce and custody disputes are stressful enough without the added tension of the courtroom. Mediation offers an alternative approach, aimed at helping families move forward without litigation. But many spouses ask the same question before beginning the process: What actually happens in a mediation session? A Neutral Setting Focused on Resolution Mediation sessions are conducted in SNW’s office, not a courthouse. The sessions usually last a half or a full day. The mediator’s role is not to pick sides or decide who is “right,” but to guide discussion, narrow issues, and help spouses reach practical agreements on custody, support, and property. While each family is unique, common topics include: Parenting plans (legal and physical custody) Holidays and decision-making authority Child support and related expenses Spousal support Community property and debt allocation Move-away or relocation questions Communication and co-parenting expectations The mediator keeps the conversation organized and ensures each spouse has the opportunity to be heard. Mediation may occur with both spouses in the same room, or through “caucusing” — the mediator shuttling between rooms if emotions run high or communication breaks down. This structure often reduces conflict and encourages creative problem-solving. Unlike court, which depends on judges’ calendars and months of discovery, mediation typically moves quickly. Many families resolve all major issues in a half-day or full-day session. Everything discussed in mediation is confidential. Nothing said becomes public record, and neither party risks having private matters aired in open court. The focus is not on “winning,” but on reaching agreements that are workable, predictable, and beneficial to children and the family unit. If an agreement is reached during the session, the parties will sign a written agreement of the terms. The parties can provide the agreement to a lawyer to file, or they can choose to retain an SNW attorney to file the agreement with the court. Once filed with the court and signed by the judge, the agreement becomes an enforceable order of the court. If an agreement is not reached during the session, the parties can schedule an additional mediation session. About the Mediator Johnston Burkhardt is a family lawyer and registered Mediator listed on the Louisiana State Bar Association’s Mediator Registry. He is a Child Custody and Visitation Mediator versed in community property partition, custody, child and spousal support, and all issues that arise during divorce. To learn more about mediation or schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law . 

What Happens After an Agreement Is Reached in Mediation? When a mediation session results in resolution, it transitions into finalizing documents and securing court approval where necessary. Step 1: Preparing Written Agreements Any terms reached in mediation are reduced to writing. This may include: Custody and visitation plans Child support and expense allocation Spousal support Community property division Reimbursement claims Parenting and communication expectations Clarity is crucial to avoid future disputes. Step 2: Reviewing and Signing Both spouses have the opportunity to review the agreement before signing. The mediator will review the agreements with the spouses in detail to make sure that are understanding and in agreement. Step 3: Filing With the Court For divorces and custody matters, agreements are typically submitted to the court for approval by a judge. Because the issues have already been resolved, the court’s role is limited and usually administrative — no contested hearings, no testimony, and no trial. Interested in Mediation? Compared to litigation, the post-mediation process is significantly faster and more predictable. Many divorces are finalized in weeks — not years. If you are exploring divorce and want a respectful, efficient pathway forward, mediation may be the right fit. To learn more, contact family lawyer and registered Mediator Johnston Burkhardt at (504) 324-2141 or johnston@snw.law

Who Can Benefit From Divorce and Family Law Mediation? Mediation isn’t just for couples who agree on everything — in fact, many spouses choose mediation precisely because they don’t agree. The process is designed to help families communicate, problem-solve, and make informed decisions about their future without turning private matters into public litigation. Spouses Seeking a More Peaceful Divorce Mediation is ideal for couples who want to: Avoid adversarial courtroom proceedings Maintain respect and privacy Protect their children from conflict Keep control over the outcome instead of handing decisions to a judge Spouses With Property or Financial Considerations Mediation is particularly useful in divorce matters involving: Community property partition Household debt allocation Retirement accounts Family businesses Reimbursements or claims Spousal support (temporary or final) A neutral mediator helps clarify financial questions and explore middle-ground solutions. Parents Focused on Co-Parenting Co-parenting works best when communication remains respectful. Mediation helps parents work through: Custody schedules Holidays and school breaks Co-parent responsibilities Child support and expenses Future decision-making (schools, activities, healthcare, etc.) Parents are more likely to abide by agreements they create themselves rather than those imposed by the court. Families Seeking Efficiency and Cost Savings Traditional divorce can cost tens of thousands of dollars. Mediation often costs a fraction, with spouses sharing one mediator instead of hiring lawyers to litigate for months or years. People Who Are “Mostly on the Same Page” Some spouses arrive with a near-complete agreement and need help polishing terms, preparing documents, or filing with the court. Others come in with only a few unresolved issues. If You Think Mediation Might Work for Your Family Johnston Burkhardt practices family law and is a registered Child Custody and Visitation Mediator. To determine whether mediation is a fit for your circumstances, contact Johnston for a free consultation at johnston@snw.law or (504) 324-2141.