Legal Question in Wills and Trusts in Louisiana

I am one of beneficiaries of a relative's estate. This relative changed their will while in the hospital after having a stroke over a year ago. The will alleged that the attorney served as both the executor and attorney for the estate while they were incapacitated. Upon testatrix's death the notarial testament was filed naming the attorney as Independent executor and full power of attorney for estate. This will the attorney drew was also notarized by the attorney and even named the attorney's spouse as the executor should something happen to them. The attorney never made us aware that we could have filed a Notice Application for Appt. as Adminstrator naming one of us as for this role. Attn. has never specified the billing procedures and duties. Attn. has only given us one bill over a year ago and refuses to give further requested bills or account records. We can't even tell what capacity the attorney is charging on on the first and only bill. THe attorney has even billed the estate for phone calls made from the beneficiaries asking basic questions regarding the succession and the estate or calls informing the attorney of flood damage the house received. This seems like a conflict of interest and we cannot get any solid accounting and billing records from this attorney for more than a year. What can be done?


Asked on 12/28/16, 8:04 pm

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

This situation can get complicated, and it would be a good idea for you to retain an attorney who knows probate law to answer your questions. More information would be needed.

Being the attorney for a succession while also serving as Executor is not illegal, but there is potential for conflicts of interest. It is the Executor, for example, who determines what the legal fees will be. There are some statutes aimed at preventing abuse, like prohibiting the collection of fees for legal services AND for serving as Executor. The Executor is required to provide an annual accounting to the legatees, and can be removed from office for failing to do so.

There are other issues which you should discuss with an experienced probate attorney.

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Answered on 12/29/16, 6:49 am


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