Legal Question in Wills and Trusts in Louisiana
Selling off estate
In my mom's will she left everything to us kids with my dad having userfrecht(spelling?). My dad has recently started selling off pieces of the estate. When I asked for my share of the proceeds, he told me to contact his attorney. I did and the attorney knew nothing about it. I can not afford to open succession if I have to foot the bill up front. What can I do to get my share?
1 Answer from Attorneys
Re: Selling off estate
"Pieces of the estate"--what does that mean? Is he selling furniture or jewelry or stocks or land? Have you actually seen this will? Do you have a copy of it? How do you know your father is selling these things? Can you prove these sales? From your question, it seems like a succession has not been opened yet. Is that correct? Does the will name an "executor"?
Virtually anyone--any "interested person"--can open a succession in Louisiana. Some attorneys (including me) sometimes do successions with minimal to no money paid up front, waiting to take a fee at the conclusion of the succession from the sale proceeds of succession property and/or assets which are distributed at the conclusion of the succession.
What's in the estate--i.e., is it worth paying attorney's fees and court costs to do this succession? Is your father against doing the succession? How many of you "kids" are there and does everyone feel the same as you?
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