Legal Question in Family Law in Louisiana
Probate
My mother recently passed away. My father died several years ago. I have three siblings. My sister and brother were named executors of the estate. My sister is supposed to be paying my mothers remaining debts from the proceeds of her estate. I and my other siblings were all listed in the will to inherit. My sister will not provide me with a record of the things she is paying. My brother showed me copies of checks written from my mothers estate to herself and a niece. What are executors required to do by law? What is her responsiblity toward the other heirs? Is she fails to do so, what are the consequences?
1 Answer from Attorneys
Re: Probate
Executors are entrusted with protecting the estate and must account for their actions. Even though all wills contain provisions for an executor, most successions are not administered because the estate does not need to be "run" and can be opened and closed fairly simply. As an heir, you can file to have her replaced or in the least for an accounting. Additionally, all of her actions should be court approved and any co-executor could face any sanctions that the other executor could face for failing their duty to the estate. See an attorney.
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