Firm and Legal News

Quieting Title After a Tax Sale for Rural Land in Lafayette and Acadiana Purchasing rural land at a Louisiana tax sale can be a smart investment, but many buyers are surprised to learn that they do not immediately receive full ownership. Instead, a purchaser receives tax sale title, which is subject to redemption rights and potential legal challenges. Whether you purchased timberland, hunting property, farmland, inherited acreage, vacant land, or rural property, quieting title is often necessary before the property can be sold, financed, insured, or developed.  In most Louisiana tax sales, the former owner has a three-year redemption period from the recording of the tax sale certificate to reclaim the property. After that period expires, the tax sale purchaser may file a lawsuit to quiet title or confirm ownership. In many cases, Louisiana law requires a six-month waiting period after filing suit before title can be confirmed. However, if five years have passed since the tax sale certificate was recorded, purchasers may often pursue a faster process requiring only ten days’ notice before obtaining confirmation of title. Quiet title actions are particularly common for rural land in Lafayette and Acadiana, where properties may involve succession issues, deceased owners, missing heirs, inherited family land, hunting camps, agricultural acreage, or timber tracts. Our firm assists investors, landowners, and developers throughout Lafayette Parish, Vermilion Parish, Iberia Parish, Acadia Parish, St. Martin Parish, St. Landry Parish, Evangeline Parish, and St. Mary Parish, including Lafayette, Youngsville, Broussard, Scott, Carencro, Breaux Bridge, New Iberia, Abbeville, Kaplan, Opelousas, Crowley, Eunice, Ville Platte, and surrounding Acadiana communities. If you purchased rural property at a tax sale and need help obtaining marketable, insurable title, Sternberg, Naccari & White, LLC can help guide you through the Louisiana quiet title process. To learn more, receive a quote, or to schedule a free consultation regarding tax sales or real estate law, contact Johnston at (504) 324-2141 or johnston@snw.law .

Quieting Title After a Tax Sale for Rural Land in Lafayette and Acadiana Purchasing rural land at a Louisiana tax sale can be a smart investment, but many buyers are surprised to learn that they do not immediately receive full ownership. Instead, a purchaser receives tax sale title, which is subject to redemption rights and potential legal challenges. Whether you purchased timberland, hunting property, farmland, inherited acreage, vacant land, or rural property, quieting title is often necessary before the property can be sold, financed, insured, or developed.  In most Louisiana tax sales, the former owner has a three-year redemption period from the recording of the tax sale certificate to reclaim the property. After that period expires, the tax sale purchaser may file a lawsuit to quiet title or confirm ownership. In many cases, Louisiana law requires a six-month waiting period after filing suit before title can be confirmed. However, if five years have passed since the tax sale certificate was recorded, purchasers may often pursue a faster process requiring only ten days’ notice before obtaining confirmation of title. Quiet title actions are particularly common for rural land in Lafayette and Acadiana, where properties may involve succession issues, deceased owners, missing heirs, inherited family land, hunting camps, agricultural acreage, or timber tracts. Our firm assists investors, landowners, and developers throughout Lafayette Parish, Vermilion Parish, Iberia Parish, Acadia Parish, St. Martin Parish, St. Landry Parish, Evangeline Parish, and St. Mary Parish, including Lafayette, Youngsville, Broussard, Scott, Carencro, Breaux Bridge, New Iberia, Abbeville, Kaplan, Opelousas, Crowley, Eunice, Ville Platte, and surrounding Acadiana communities. If you purchased rural property at a tax sale and need help obtaining marketable, insurable title, Sternberg, Naccari & White, LLC can help guide you through the Louisiana quiet title process. To learn more, receive a quote, or to schedule a free consultation regarding tax sales or real estate law, contact Johnston at (504) 324-2141 or johnston@snw.law .

Louisiana Foreclosures and Executory Process: What Private Lenders Need to Know When a borrower defaults on a mortgage or promissory note, Louisiana law provides lenders with an efficient foreclosure procedure known as executory process. Unlike ordinary litigation, executory process allows a lender to foreclose on mortgaged property without first obtaining a judgment after a lengthy lawsuit, making it a faster and more effective remedy available to secured creditors.  In simple terms, executory process is Louisiana’s streamlined foreclosure procedure that permits a lender to seize and sell mortgaged property when the loan documents contain a confession of judgment and the borrower has defaulted. After filing a petition with supporting mortgage and loan documents, the court may issue an order directing the sheriff to seize the property and proceed toward judicial sale, often by sheriff’s auction. Depending on the circumstances, lenders may pursue foreclosure with or without appraisal, and the process can apply to residential property, commercial real estate, vacant land, investment property, and development projects. At Sternberg, Naccari & White, LLC, we regularly represent private lenders, investors, hard money lenders, businesses, and individuals in foreclosure matters throughout Louisiana. Our attorneys handle executory process and foreclosure proceedings across the state, including in New Orleans, Metairie, Baton Rouge, Lafayette, Slidell, Covington, Hammond, and surrounding communities across South LA. Whether you are a private lender dealing with loan default, missed payments, collateral issues, or distressed real estate, understanding your foreclosure rights early can help protect your investment and maximize recovery. To learn more, receive a quote, or to schedule a free consultation regarding foreclosures or real estate law, contact Johnston at (504) 324-2141 or johnston@snw.law .

Who Is Eligible to Petition for a Protective Order in Louisiana? Protective orders and petitions for protection from abuse (commonly referred to as “restraining orders”) are important legal tools available to individuals facing violence, threats, stalking, or harassment in Louisiana. Many people assume protective orders are only available to married couples or victims of physical violence, but Louisiana law protects a much broader group of people. If you are experiencing abuse, threatening behavior, or repeated unwanted contact, you may be eligible to seek court protection through a protective order, temporary restraining order (TRO), or Louisiana Protective Order Registry (LPOR) filing.  In Louisiana, protective orders may be available for current or former spouses, former dating partners, parents who share a child together, household members, family members, or individuals experiencing stalking or harassment. Courts in Orleans Parish, Jefferson Parish, and throughout South Louisiana frequently issue protective orders involving former romantic partners, co-parents, domestic violence situations, stalking, and threatening conduct. Even where there is no physical violence, repeated unwanted communication intended to threaten, intimidate, or harass someone may support relief under Louisiana’s stalking and protective order laws. Protective orders are civil remedies designed to protect individuals from conduct that may also constitute criminal behavior. Depending on the circumstances, a court may issue a temporary restraining order or temporary protective order while the case is pending and later enter a longer-term protective order after a hearing. Relief can include no-contact orders, stay-away provisions, removal from a shared residence, temporary custody provisions, firearm restrictions, and other protective measures. At Sternberg, Naccari & White, LLC, we represent clients seeking and defending protective orders in New Orleans, Metairie, Jefferson Parish, Orleans Parish, St. Bernard Parish, St. Tammany Parish, and throughout South Louisiana. Because courts have little tolerance for frivolous or unsupported protective order filings, it is important to present strong evidence and carefully evaluate whether legal grounds exist before filing. To learn more or to schedule a free consultation regarding protective orders and restraining orders, contact Johnston at (504) 324-2141 or johnston@snw.law .

What Kind of Behavior Warrants a Protective Order or Temporary Restraining Order in Louisiana? Many people wonder whether a situation is serious enough to justify filing for a protective order from abuse, harassment, or stalking (AKA a “restraining order”), or temporary restraining order in Louisiana. While physical violence is a most common reasons people seek court protection, Louisiana law also protects individuals facing threats, stalking, harassment, intimidation, and repeated unwanted contact.  A protective order may be appropriate when someone experiences physical abuse, threats of violence, domestic abuse, intimidation, stalking, or harassment from a former dating partner, spouse, co-parent, family member, household member, or another qualifying person. In Louisiana, stalking and harassment often involve repeated, unwanted communications or behavior intended to threaten, intimidate, alarm, or harass another person. This may include repeated texts, calls, social media messages, showing up unexpectedly at someone’s home or workplace, surveillance, threats, or other conduct causing fear for personal safety. Courts in New Orleans, Jefferson Parish, Orleans Parish, and throughout South Louisiana take allegations of domestic violence, stalking, and harassment seriously. In appropriate cases, courts may issue a temporary restraining order or temporary protective order quickly to prevent further harm while the matter is pending. However, Louisiana courts also have very low tolerance for frivolous or retaliatory protective order filings, particularly in contentious family law or custody disputes. Judges frequently scrutinize unsupported allegations and expect evidence supporting the requested relief. Protective orders are civil remedies designed to prevent criminal behavior before it escalates. If you believe you may qualify for a protective order—or if one has been filed against you—consulting with an attorney early can help protect your rights and ensure the court receives the full context of the situation. To learn more or to schedule a free consultation regarding protective orders and restraining orders, contact Johnston at (504) 324-2141 or johnston@snw.law .

What Happens If Someone Violates a Protective Order in Louisiana? Protective orders are serious court orders, and violating one can lead to significant legal consequences in Louisiana. Whether the order arises from a petition for protection from abuse, stalking, harassment, or domestic violence, courts in New Orleans, Jefferson Parish, Orleans Parish, and throughout South Louisiana generally treat violations very seriously.  A person who violates a protective order, temporary restraining order, or protective order registered through the Louisiana Protective Order Registry (LPOR) may face immediate law enforcement intervention, arrest, criminal charges, contempt of court proceedings, fines, or jail time. Violations can include direct contact with the protected person, appearing at prohibited locations, continued harassment, threatening messages, social media contact, or violating stay-away provisions. Even indirect contact through friends, family members, or third parties may violate the order depending on its terms. Protective orders exist to prevent violence, abuse, stalking, and harassment before situations escalate. Because these cases often involve emotionally charged family, dating, or co-parenting relationships, courts tend to err on the side of safety when violations occur. At the same time, courts carefully review allegations of violations and expect parties to comply strictly with all restrictions while the order remains in effect. At Sternberg, Naccari & White, LLC, we represent clients seeking protective orders, defending against protective order claims, and handling allegations of protective order violations throughout Orleans Parish, Jefferson Parish, and South Louisiana. To learn more or to schedule a free consultation regarding protective orders and restraining orders, contact Johnston at (504) 324-2141 or johnston@snw.law .

The Benefits of Creating a Trust for Your Children Many parents want to leave assets to their children but are understandably concerned about giving a young beneficiary unrestricted access to a large inheritance. A trust can provide an effective way to protect and manage assets for a child while still ensuring that funds are available for important needs such as education, healthcare, housing, and support. A trust allows the person creating it to appoint a trustee to manage the assets on behalf of the child according to specific instructions. Parents can determine when and how distributions are made, rather than requiring a child to receive everything outright at a certain age. For example, a trust may allow funds to be used for college expenses while delaying larger distributions until the child reaches a more mature age. Trusts can also provide long-term protection for family assets. Properly structured trusts may help shield an inheritance from creditors, lawsuits, or issues arising from divorce. In some cases, trusts can continue for many years and benefit future generations as well. For families who want greater control, flexibility, and protection, trusts are often one of the most valuable estate planning tools available. Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC, with experience in trusts and estate planning. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

Why Every Parent of Minor Children Needs an Estate Plan Many parents assume estate planning is something that can wait until later in life, but having minor children changes that calculation entirely. One of the most important reasons parents should have an estate plan is to ensure that trusted individuals are chosen to care for their children if something unexpected happens and to protect their children’s inheritance. Without a will or proper planning documents in place, decisions regarding guardianship and the management of a child’s inheritance may be left to the courts or default Louisiana law.  A comprehensive estate plan for parents often includes a will, powers of attorney, healthcare directives, and in many cases, trusts for minor children. Parents may use trusts to hold and manage assets for their children until they reach an age where they are mature enough to handle significant financial responsibility. This can help avoid situations where a child receives a large inheritance outright at age eighteen. Estate planning can also help families avoid unnecessary conflict, delays, and expense. By clearly stating your wishes and creating a plan tailored to your family, you can provide stability and financial protection for your children during an already difficult time. For many young families, estate planning is not simply about wealth transfer—it is about protecting the people who matter most. Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC with experience in trusts and estate planning for families. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

At What Age Should Children Receive Their Inheritance? One of the most common questions parents ask during the estate planning process is when their children should receive an inheritance. While children typically automatically inherit assets at age eighteen, that may not always be the best approach. In reality, most parents are uncomfortable with the idea of a teenager suddenly receiving unrestricted access to a substantial amount of money. Trust planning allows parents to structure inheritances in a way that reflects their children’s maturity, needs, and long-term goals. Some parents choose to delay distributions until a child reaches ages such as twenty-five, thirty, or even older. Others prefer staggered distributions, where portions of the inheritance are released over time. Our firm typically recommends a child receive their inheritance at thirty to thirty-five years of age. This approach encourages financial responsibility and stability, while still providing support for education, housing, or business opportunities. There is no single “correct” age for a child to receive an inheritance. Every family is different, and estate plans should be tailored to the specific circumstances of the children involved. Factors such as financial maturity, spending habits, creditor concerns, and family dynamics often play an important role in determining how and when assets should be distributed. Careful planning can help ensure that an inheritance becomes a source of long-term stability rather than financial risk. Choosing the right trustee is also an important consideration.  Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC with experience in trusts and estate planning for families. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

Testamentary Trust vs. Revocable Living Trust: What’s the Difference? Both testamentary trusts and revocable living trusts are commonly used estate planning tools, but they operate differently. A testamentary trust is created through a will and does not come into existence until after the person’s death. A revocable living trust, by contrast, is created during a person’s lifetime and can hold assets immediately. One major difference is that a testamentary trust generally requires the succession process because it is established through a will. A revocable living trust may help certain assets avoid probate or succession administration if those assets are properly transferred into the trust during life. However, testamentary trusts are often simpler and more cost-effective for many families, particularly parents whose primary goal is to provide structured inheritances for minor children. Both types of trusts can be used to protect beneficiaries and control how assets are distributed. The best option depends on a family’s goals, the nature of the assets involved, and the level of ongoing management and probate avoidance desired.  Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC with experience in trusts and estate planning for families. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

Testamentary Trust vs. Revocable Living Trust: What’s the Difference? Both testamentary trusts and revocable living trusts are commonly used estate planning tools, but they operate differently. A testamentary trust is created through a will and does not come into existence until after the person’s death. A revocable living trust, by contrast, is created during a person’s lifetime and can hold assets immediately. One major difference is that a testamentary trust generally requires the succession process because it is established through a will. A revocable living trust may help certain assets avoid probate or succession administration if those assets are properly transferred into the trust during life. However, testamentary trusts are often simpler and more cost-effective for many families, particularly parents whose primary goal is to provide structured inheritances for minor children. Both types of trusts can be used to protect beneficiaries and control how assets are distributed. The best option depends on a family’s goals, the nature of the assets involved, and the level of ongoing management and probate avoidance desired.  Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC with experience in trusts and estate planning for families. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .