Legal Question in Wills and Trusts in Louisiana

Re: Inheritence & debt of sibling

Dear Friend,

Your question is loaded and would make a good one for a law school exam in Successions and/or Property or even Civil Procedure. Of course, even if the lawyer who was hired to handle the succession of your father knew about the judgment recorded against your father, an decision could have been made as to the merits and pros and cons of placing the four heirs into possession without administration, knowing this judgment against your father would attach to the undivided portions of the property that each heir would receive by the Judgment of Possession. There is a chance that it may have been more beneficial to the heirs if your father's succession hand been placed under administration, all the debts paid, and then the remainder of the estate divided equally among the four heirs. Of course, to pay off this judgment, it may have been necessary for the Successon Representative (Administrator/Executor/Executirx) to have the property sold to get the money to pay the debts prior to dividing equally among the heirs what was left of the estate after the debts, charges of administration, inclucing court costs, attorney fees and such were paid. Had it not been for the judgment against your brother, it would have made sense to handle the estate like it was handled, especially if it was known by all involved, including the estate attorney, that it was the intention of all the heirs to sell their undivided interests, assuming that the value of the estate (land and improvements) thereon exceeded the amount of the judgment that had to be paid off before any buyer who would examine title would close the deal.

NOTE: Upon my attempting to post my complete reply, the computer advised that the complete answer cannot exceed 3,000 characters; which mine obviously did. THERFORE, if you will e-mail me your e-mail address, I will send you the full answer by return e-mail. I have copied it and will save it to a Word Document and e-mail it to you. My e-mail address is [email protected].

Sincerely,

Hardy Parkerson, Atty. - Lake Charles - [email protected]