Estate and Succession Litigation

Estate and succession litigation covers legal disputes that arise during the settlement of a loved one’s estate, including will contests, forced heirship claims, executor misconduct, and disagreements among heirs over how property should be divided. These disputes can delay a succession by months or years, and resolving them often requires court intervention rather than an informal agreement among the heirs.

At WJ Blanchard Law, we represent clients throughout Metairie and the greater New Orleans area in estate and succession disputes. Our attorney works directly with clients from the first sign of conflict through resolution. Reach out online or call us today at (504) 313-7478 to discuss your situation.

Common Types of Estate and Succession Disputes

Estate litigation in Louisiana takes several forms, and the right legal strategy depends heavily on which type of dispute applies to your case.

• Will contests: Challenging the validity of a testament based on lack of capacity, undue influence, or improper execution.
• Forced heirship claims: Disputes over whether a child or grandchild is entitled to a forced portion of the estate under Louisiana law.
• Executor or administrator disputes: Allegations that a fiduciary mismanaged estate assets, refused to distribute the estate, or failed to fulfill their legal duties.
• Succession accounting disputes: Disagreements over whether an executor or administrator has properly accounted for estate assets, income, and expenses.
• Power of attorney abuse: Allegations that someone holding a power of attorney misused that authority for personal gain before the principal’s death.
• Trust litigation: Disputes over the administration, interpretation, or validity of a trust used as part of an estate plan.
• Partition actions: Disagreements among co-owners of inherited property over how to divide or sell it.
• Interpretation disputes: Conflicts over ambiguous or unclear language in a will or trust document.
• Reopening a succession: Petitions to reopen a succession that was already closed when new assets, heirs, or issues come to light.

Challenging the Validity of a Will in Louisiana

A will can be challenged on several grounds under Louisiana law, including lack of testamentary capacity, meaning the person did not have the mental capacity required by law to make a will, undue influence by a third party, or failure to follow the formal requirements for executing a valid testament.

Louisiana law sets specific formalities for both notarial wills, which are signed before a notary and witnesses, and holographic wills, which are entirely handwritten and signed by the testator, and a testament that does not meet those requirements can be declared null.

Successions involving a challenged will often move more slowly than a typical succession because the court must resolve the validity question before assets can be distributed, and heirs may need to wait considerably longer to receive their share of the estate.

Forced Heirship and Disputed Inheritance Rights

Louisiana is the only state that recognizes forced heirship, which guarantees certain descendants a minimum share of a parent’s estate regardless of what the will says. Disputes commonly arise over whether a child qualifies as a forced heir, whether that status has lapsed due to age or disability requirements, or whether the forced portion was properly calculated.

These questions can substantially affect how an estate is ultimately divided, particularly in blended families or estates involving multiple marriages. Disagreements can also arise when a will attempts to disinherit a forced heir entirely, since Louisiana law limits the grounds on which a forced heir can be excluded from their protected share.

When Executor or Administrator Disputes Arise

An executor or administrator has a fiduciary duty to manage the estate honestly and in the interest of the heirs and creditors. Disputes often surface when heirs believe the fiduciary has mismanaged assets, failed to provide an accounting, delayed the succession unnecessarily, or acted in their own interest rather than the estate’s.

Removing an Executor

Louisiana law allows interested parties to petition the court to remove an executor or administrator who has breached their fiduciary duties, mismanaged estate assets, or become unable to carry out their responsibilities. Documenting specific concerns, such as missing records or unexplained transactions, often strengthens a request for court intervention.

When an Executor Won’t Distribute the Estate

Heirs sometimes find that an executor has settled the estate’s debts and expenses but continues to delay handing over the remaining assets, without a clear explanation. Louisiana law gives heirs the right to petition the court to compel a distribution once the succession has reached that stage, and an unreasonable delay can itself support a request for court intervention.

Succession Accounting Disputes

Heirs are generally entitled to a clear accounting of the estate’s assets, income, expenses, and distributions. When an executor fails to provide an accounting, or provides one that heirs believe is incomplete or inaccurate, interested parties can petition the court to compel a more detailed accounting or challenge specific entries within it.

How Partition Disputes Affect Inherited Property

When multiple heirs inherit property jointly, disagreements often follow about whether to keep, sell, or divide that property. If the heirs cannot reach an agreement, any co-owner can file a partition action asking the court to either divide the property physically or order it sold, with proceeds split among the owners. These disputes are especially common with family homes or land that has been passed down through multiple generations, particularly when some heirs want to keep the property in the family while others prefer to sell and divide the proceeds.

Power of Attorney Disputes

A power of attorney gives someone the legal authority to manage another person’s financial affairs, and that authority is meant to be used solely for the principal’s benefit. Disputes arise when family members suspect an agent used that authority to transfer money, sell property, or otherwise benefit themselves rather than the person who granted the power.

These concerns often surface after the principal’s death, once the succession process brings the agent’s prior transactions to light. Louisiana law allows interested parties to seek an accounting of an agent’s actions and, where misuse is confirmed, to pursue recovery of misappropriated assets on behalf of the estate.

Trust Litigation

Many estate plans include a trust alongside or instead of a will, and disputes over a trust’s administration can arise just as often as disputes over a succession. Common issues include a trustee failing to provide an accounting, a trustee favoring one beneficiary over another, disagreements over how trust language should be interpreted, or claims that a trust itself was created under undue influence or while the settlor lacked capacity. Louisiana law allows beneficiaries to petition the court to compel an accounting, seek the removal of a trustee who has breached their duties, or challenge the validity of the trust itself.

How Long Do You Have to Bring a Succession Dispute?

Louisiana law imposes specific time limits, known as prescription periods, on many types of succession disputes. A challenge to the validity of a will, for example, is generally subject to a prescriptive period that begins running once the will is probated. Missing these deadlines can permanently bar a claim, regardless of how strong the underlying facts may be, which makes early legal guidance important once a dispute starts to unfold.

Reopening a Closed Succession

A succession that has already been closed can sometimes be reopened when new assets are discovered, an omitted heir comes forward, or a problem with the original proceeding comes to light. Louisiana law allows an interested party to petition the court to reopen the succession so the newly discovered issue can be addressed, though the process and requirements depend on what prompted the reopening and how much time has passed since the succession closed.

Why Choose WJ Blanchard Law for Estate and Succession Litigation

Estate disputes carry both financial and legal weight, often requiring careful attention while a family is still settling other parts of the succession. Our succession and probate attorney takes time to understand the full picture of a dispute before recommending a path forward, whether that means negotiation among heirs or formal court proceedings. We handle succession litigation matters throughout Metairie and the surrounding New Orleans area, working to resolve conflicts as efficiently as the circumstances allow.

Frequently Asked Questions

What Evidence Do You Need to Challenge a Will?

Common evidence includes medical records showing incapacity, witness testimony about undue influence, and proof that the will’s execution did not meet Louisiana’s formal signing and witnessing requirements.

What Should You Do If You Suspect Executor Misconduct?

Start by requesting a formal accounting in writing and keeping a clear record of what looks wrong, so you have something concrete if you need to ask the court to intervene.

What Is the Difference Between Partition in Kind and Partition by Licitation?

Partition in kind physically divides the property among heirs. Partition by licitation orders it to be sold at auction instead, with proceeds divided when a fair physical division is not possible.

Do All Children Automatically Qualify as Forced Heirs?

No. Forced heir status under Louisiana law depends on specific age and disability criteria, and disputes over eligibility are common in contested successions.

Talk to WJ Blanchard Law About Your Estate Dispute

If a succession in your family has turned into a dispute, waiting can make the situation harder to resolve. Our team at WJ Blanchard Law is ready to review the facts of your case and explain your legal options clearly. Visit our website or call us today at (504) 313-7478 to speak with our attorney about your situation.