Legal Question in Wills and Trusts in Louisiana
My wife's Mother and Father died over a year ago. My wife and her sister are left the estate to be handled with "no will". The sister filed for administer of the estate but has yet to do anything to settle the estate because she is in possession of the bank accounts and insurance money that was distributed, again it has been over a year. The parents also have a home that is owned and paid off that we recently had to move into because of some financial hardships. The sister is trying to make us vacant the property that my wife has just as much of a right to as the sister does. My questions is this. Can she force my wife and family out of the house on her say so without settling the estate and providing my wife with her share of the estate? She put letter on the door saying that we had five days to vacate the premises but it was written by her and not the marshals office. What are our rights to staying in the home?
1 Answer from Attorneys
The administrator has a duty to wind up the estate as soon as practicable. If the administrator is not making real strides to do that, you can petition the court to have her removed and to have your wife made administrator.
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