Legal Question in Wills and Trusts in Louisiana
What are the fiduciary responsibilites of a probate attorney in completing the succession in Louisiana. The deceased had a oligraphic will with an addendum added on Oct 4, 2011. I have not seen the olligraphic will but the pleadings indicate that I am signing a statement attesting to this addendum. What accounting should I expect from the executor and others who have signatory rights?
1 Answer from Attorneys
The attorney represents only his client, who is the executor or executrix, not all of the heirs. Although many attorneys in successions often sign pleadings filed on behalf of the executor as "attorney for the estate", the truth is that they really only represent the executor.
If the attorney is asking you to attest to something, you need to be sure that the statement you are attesting to is true, though. If you have suspicions about how he and the executor are handling the estate, or if you want to ensure that your rights are fully represented, you can hire your own attorney to represent your interests in the estate.
The executor must make an annual accounting to the Court and you are entitled to a copy of that accounting. You are generally entitled to see all of the estate documents, such as wills, pleadings, accountings, estimates, deeds, etc.