Louisiana — Challenging a Sibling’s Use of a Deceased Parent’s Bank Account
Detailed Answer Short answer: Yes — you can challenge a sibling’s use of funds from a deceased parent’s bank account before the sibling is appointed administrator, but whether you will succeed depends on who legally owned the account and what the bank will accept. You should act promptly. This article explains the common legal rules […]
Read article →Louisiana — How to Get Sentimental Items Returned from a Sibling During Probate
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific situation, consult an attorney licensed in Louisiana. Detailed Answer When a person dies in Louisiana, their property becomes part of the succession (the estate). Who controls that property during administration and who is entitled to particular items […]
Read article →Louisiana FAQ: Enforcing or Disputing an Oral Agreement to Divide Wrongful-Death Proceeds
Can an oral agreement about dividing wrongful-death proceeds be enforced or disputed in Louisiana? Short answer: Sometimes. Louisiana courts may enforce an oral agreement about dividing wrongful-death proceeds, but enforceability depends on who made the agreement, whether the agreement concerned matters that must be in writing, whether the succession representative had authority, whether court approval […]
Read article →Selling a House in a Louisiana Estate Facing Foreclosure When a Co-Administrator Refuses to Sign
Selling a House in an Estate Facing Foreclosure When a Co-Administrator Refuses to Sign Short answer: If a co-administrator of a Louisiana succession refuses to sign documents needed to sell estate property, you generally must ask the succession court to resolve the dispute — by authorizing a sale without the co-administrator’s signature, by replacing or […]
Read article →Louisiana — How to Get Court Approval to Release Estate Funds During a Dispute
What to do when estate funds are disputed: How to get court approval to release money in Louisiana Disclaimer This is general information, not legal advice. I am not a lawyer. For advice about a specific case, consult a Louisiana attorney who handles successions (estate/probate) matters. Detailed answer — step-by-step guide under Louisiana law When […]
Read article →Louisiana: What Happens to Leftover Proceeds After My Parents’ Home Is Sold?
Does leftover money from selling my parents’ home get distributed under my dad’s will? (Louisiana FAQ) Short answer: Maybe. Whether leftover sale proceeds go to distribution under your dad’s will depends on (1) who actually owned the house, (2) whether the sale happened as part of estate administration to pay debts, and (3) whether Louisiana […]
Read article →Reimbursing Personal Payments for a Decedent’s Vehicle Lien — Louisiana
Can you recover money you paid personally toward a decedent’s vehicle lien under Louisiana law? Detailed answer You may be able to be reimbursed from the decedent’s estate for money you paid out of your own funds to satisfy or reduce a lien on the decedent’s vehicle, but your right to reimbursement depends on your […]
Read article →Louisiana: Do I Need to Post a Bond to Serve as Administrator of an Intestate Estate?
Detailed Answer Short answer: In Louisiana, a court ordinarily requires an administrator of an intestate succession to provide a bond (security) before issuing letters of administration. The bond protects heirs and creditors by guaranteeing the administrator will perform duties honestly and account for estate assets. In limited circumstances the court may order a reduced bond […]
Read article →Louisiana: What Factors May a Court Consider When Appointing an Estate Administrator?
What factors may the court consider when appointing an estate administrator? Short answer: In Louisiana, a court will consider statutory priority among heirs and legatees, the proposed administrator’s relationship to the decedent, fitness and capacity to serve, any conflicts of interest, whether the person is qualified under law (including residency, age, and criminal history), the […]
Read article →Louisiana: How Unauthorized Charges to a Parent's Estate Are Handled in Probate
Understanding Unauthorized Charges to a Parent's Estate in Louisiana Short answer: If someone charges or takes money from your parent's estate without legal authority, Louisiana law gives heirs and the estate's administrator or executor several civil remedies. These include demanding an accounting, suing to recover the funds, surcharging (holding the fiduciary personally liable for losses), […]
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