When someone passes away in Louisiana and leaves assets and property to be passed on to heirs, it is the job of the executor of the Last Will & Testament to administer the estate, but what does this mean exactly? We explain what your role is if you are appointed as the executor of a friend’s or family member’s estate, and how a succession attorney can help you through the process.
When your friend or loved one wrote her testament, she may have asked you if you would be willing to be the executor. If so, you may be aware of at least some of the duties you will have to fulfill. In many cases, however, people do not inform their chosen executor that they have named them in their will, so it comes as a surprise when they are notified of their role after the person’s death.
Even if there was no testament, the estate would still need an administrator and you may be asked to take on the role, or you may volunteer for it. However you came to be the executor of an estate, you need to understand what your role is.
In Louisiana, the executor of an estate is responsible for all aspects of settling the estate. In essence, he or she takes the place of the deceased until the assets have been distributed and the estate has been closed. Among many specific tasks, the executor is responsible for:
As an executor in Louisiana, you also have certain protections, including the following:
For your own peace of mind and protection, it is a good idea to consult an attorney before taking on what could turn in to a complicated role.
If a person dies without a will, anyone can apply to be the administrator of the estate, including the spouse, an heir, or even a creditor. The administrator will be required to take an oath and post a bond equal to 125 percent of the value of the estate to ensure that he or she acts in a responsible manner with the assets of the estate. While state law will determine who inherits what from the estate, the administrator will have duties similar to those of an executor for an estate with a will.
If you are an heir to an estate and believe that the executor is not acting in the interest of the estate, you may take action to have him removed and to force repayment of any assets you believe he has stolen or squandered. The succession litigation attorneys at Scott | Vicknair Law can help you determine if the executor or administrator has broken the law and what can be done to hold him accountable.
If you are an executor to a Louisiana estate—or need to challenge an executor or administrator—contact our Louisiana succession team to find out how we can help you. Successions are all we do, and we have seen it all. Do not hesitate to schedule a consultation!
We help hundreds of families—in New Orleans and throughout Louisiana—every year with estate and succession issues, so we have likely dealt with the situation you are facing. Fill out the contact form below, and we will be in touch soon.
