Legal Question in Wills and Trusts in Louisiana

Re: will

Yes. You can petition for relief in the probate and should. You will be well advised to hire a lawyer to assist you in the county in which the estate is being probated. If there is no probate, you must petition to begin one. If there is no probate, you mom is not an executor.

Re: will

Dear Friend,

What you need to do is get a copy of the LOUISIANA CODE OF CIVIL PROCEDURE and look under Successions, and further under Administration of Successions, and read those articles and learn how one goes about being appointed Succession Representative (or Executrix, in your mother's case) and what a Succession Representate/Executrix is supposed to do and how such a one is supposed to proceed; and, if the Executrix (Succession Representative) is not doing her job properly, then you as an heir and/or legatee under the will have standing to file a petition to force her to render an accounting and/or to have her removed and yourself appointed as Executrix. You can access the Louisiana Legislature's web site and click on Louisiana Laws and then on the LOUSIANA CODE OF CIVIL PROCEDURE and find the section on Successions and, within those aarticles, the articles on Administration of Successions and find out what you need to know; that is, if you will take the time to print these articles out and read and study them. Also, you can go to the courthouse where the succession prooceeding is pending and ask the Clerk of Court to allow you to look at the record and/or to make you a copy of the succession reoord; and you will see what has been put officially on record and what the presiding Judge may or may not have signed. There is more to it all than this, but this is something to think about. Good luck! Feel free to call me to discuss this, if you please. No charge for just talking on the phone. Again, gool luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]