Legal Question in Wills and Trusts in Louisiana
In Louisiana if an Administrator of a succession was never required to post security can he be ordered by a judge to do so now? and if he was given 'Letters of Authority' does that make him an 'Officer of the Court' or a public official?
Asked on 4/26/10, 1:12 pm
1 Answer from Attorneys
Adam Lambert
The Law Office of Adam S. Lambert
No, he is not a public official or an officer of the court, but he does have what is called a "fiduciary duty" to the estate to always do what is best for the estate and to do whatever he can to preserve the estate and wind up the estate (i.e., put the heirs in possession) as quickly as possible. You can petition the court to compel him to post a bond. You can also petition the court to have him removed if he has broken his fiduciary duty, or if he has engaged in any sort of self-dealing.
Answered on 5/01/10, 5:57 pm