Legal Question in Wills and Trusts in Louisiana
Administration versus seeking an immediate judgement of possession in La?
My mom passed away without a will in La. The estate has about $30,000 of debt and $200,000 of assets. About $10,000 of unsecured debt has been past due for a number of years and was disputed. My sister and I are the only heirs. We would prefer to pay the creditors once we sell the house (although we do not wish to pay the disputed amount which has not actively been sought for collection).
Would appreciate any advice on whether it would be possible and would make sense to seek a simple judgement of possession rather than putting the estate in administration? Would prefer a judgement of possession since it seems quicker and less costly.
Many thanks.
1 Answer from Attorneys
Re: Administration versus seeking an immediate judgement of possession in La?
Although administering your mother's estate, rather than placing yourselves into possession, would take more time, the administrator would be in a better legal position to assert defenses against disputed debts.
That would be the better way to handle those issues.
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