Legal Question in Wills and Trusts in Louisiana

Executrix won't cooperate and open succession

My dad died 10/7/04. 2nd oldest sibling named executrix in will. 11 siblings living. Succession not opened & the executrix has not been honest about contents of estate. There is a significant amount of assets as most bills paid when he learned he was ill. The executrix currently has possession of all assets-2 vehicles, home, various bank accounts. The day after his death she withdrew $7K to purchase a car for another sibling. She has spent additional funds for personal use also. The executrix will be inheriting much less than the rest of us. It was agreed between those inheriting property (land,investment props, & 2 vehicles) our intent to sell all & split proceeds. My questions are what are our options to open the succession w/o the cooperation of the executrix? Is it possible to name another sibling as executrix since the she is not fulfilling her obligations? What will the ramifications be for misappropriating funds? Will she have to repay the money she has taken? In reference to the value of the vehicles at my dad's death, will she have to pay the difference of the value at the date of death to make up for the wear, tear, mileage, damagage to both vehicles since that time? and what is cost of opening a succession?


Asked on 9/16/05, 3:27 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Executrix won't cooperate and open succession

Any heir can open the succession. Contact a lawyer and get started.

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Answered on 9/16/05, 4:48 pm


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