Legal Question in Wills and Trusts in Louisiana

My father passed away in 2000. The estate is still not settled. There is an issue with a mentally retarded sibling. My mother is curatrix and is supposed to be keeping track of everything. She has admitted that she has not been keeping up with everything and has said she wants someone else to take over. The problem is she never does what she says. I told her I wanted us all to meet with the lawyer the week of Christmas. She told me she would call and set something up but has not. I called and left a message with the attorney to set something up. He does not contact me whenever I call and I am not sure if it is my mother is telling him she will talk to me or whatever. Do I have any other option to deal with this other than suing the estate?


Asked on 11/30/09, 12:57 pm

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

The curator of an interdict has a number of duties to fulfill in that role, including providing a financial accounting. If these duties are not performed, the curator can be removed from office.

This is not a simple situation. You should consult with an attorney other than the succession attorney, since there could be a conflict of interest if the same attorney is advising you and the curator.

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Answered on 12/05/09, 1:44 pm


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