If you are named as a beneficiary in someone’s estate in Louisiana, you may be wondering what your rights are and how to find out. Though the following article contains the basic principles of Louisiana succession law, the best way to find out how this may apply to your specific situation is by consulting a succession lawyer, such as those on our team at WJ Blanchard Law in Metairie, LA.
What Rights Do Beneficiaries Have in the Louisiana Succession Process?
Louisiana law is unique within the United States. Whereas our criminal law system is founded on precedent-based common law, like the rest of the states, our private law (relating to disputes between individuals) is based on civil law. Civil law is a concept that dates back as far as the Romans and relies on comprehensive written codes that define legal rules and principles. Though the statutes of Louisiana law are not quite that old, many of its parts date back to even before the Louisiana Purchase.
One of the areas where the civil code differs from other states is in matters relating to inheritance and succession. While a “one-size-fits-all” approach to law may work for many states, Louisiana is not one of them. So if you want an accurate guide to the rights you have in our state, read on.
The Right to Be Informed
As a beneficiary, your first fundamental right is the right to be notified. This means that you have the right to know that you’ve been named in a will. It also means that you have the right to be informed that you are entitled to inherit under Louisiana’s intestate succession laws if there is no will.
In Louisiana, once a succession is opened, the executor, who is also known as the “succession representative,” or the attorney representing the estate, must notify all known heirs and legatees (beneficiaries). This doesn’t necessarily happen overnight, but once it does, you should receive a formal notice or be made aware that you’re part of the process.
This means that you can’t be kept in the dark, legally speaking. If you suspect you’re a beneficiary but haven’t heard anything, you can contact the clerk of court in the parish where the deceased resided and ask if a succession has been opened.
The Right to a Copy of the Will
If there is a will, you have the right to see it. In fact, wills become public records once they are filed with the court as part of the succession process. That means you (or anyone else) can request a copy from the courthouse. This is especially important if you want to verify what you’ve been left or compare your inheritance to what others received. Transparency is key, and Louisiana law supports that principle.
The Right to Contest the Will (or Any Part of the Succession)
You don’t have to accept everything at face value. Louisiana gives you the right to contest a will or the actions taken during the succession process under certain circumstances. This is known as a will contest or a succession challenge. You can contest the will if you believe the person who wrote it lacked mental capacity, if you suspect fraud or undue influence, or if you think the will wasn’t properly executed under Louisiana formalities.
The Right to a Proper Accounting
As a beneficiary, you have the right to demand an accounting from the executor or administrator. This means you can ask for a detailed report showing the assets in the estate, the debts or expenses that must be paid, what is left to distribute, and how the executor has managed the estate.
Louisiana law requires executors to act as fiduciaries. This means that they must handle the estate honestly, fairly, and in the best interest of the beneficiaries. If you think they’re hiding something or not doing their job properly, you can petition the court to compel an accounting or even have the executor removed.
The Right to Timely Distribution
Once all debts and expenses are paid, you have the right to receive your share of the estate within a reasonable amount of time. Louisiana doesn’t have a hard deadline for when distributions must be made, but it does expect that the succession be handled “expeditiously.”
Some estates are simple and can be wrapped up in a few months. Others are more complicated and can take a year or more. However, if there are excessive delays without explanation, you have the right to demand clarity and action.
The Right to Challenge Improper Asset Sales
Louisiana courts require fair dealings, and as a beneficiary, you can insist that any property be sold at a fair market price unless otherwise instructed by the will. If an executor is selling estate property (like a house or car) and you believe it’s being sold for less than it’s worth, or to someone connected to the executor, you can challenge that sale in court. The court can stop the sale or even reverse it if it’s been completed improperly.
The Right to Force a Succession to Open
Sometimes no one opens the succession even though someone has passed away, and there are assets to be distributed. If you’re a beneficiary and nothing is happening, you can take legal action to initiate the succession yourself.
This is especially important if:
- You need the title to property (like land or a home)
- There are bank accounts or investments that need to be transferred
- The estate is just sitting idle
The Right to Decline Your Inheritance
You don’t actually have to accept an inheritance. Louisiana law allows you to renounce your inheritance, which means you refuse to accept it. Though we usually think of an inheritance as a good thing, there are some circumstances under which inheriting could prove more of a burden than an asset. For example, if the estate is heavily in debt, your inheritance might come with more liabilities than you are willing to take on.
If you want to renounce an inheritance, you must do so through a formal legal declaration. You must also be very sure that you want to do this, as once it has been done, it cannot be undone.
The Right to Equal Treatment Among Same-Class Heirs
The executor of a will cannot favor one beneficiary over another unless the will explicitly says so. This means that if, for example, you and your siblings are all residual heirs, you have the right to be treated equally. This applies when it comes to receiving your proper share and also to being given all the information that is being shared with the others.
The Benefits of Consulting a Succession Lawyer in Metairie, LA
When you consult a specialist lawyer, you can rest assured that you are getting the best possible insight into the law as it functions in Louisiana. Whether you have concerns about the behavior of an executor or you are considering whether it might be wise to decline your inheritance, we can ensure that you have all the information you need to make informed decisions. Our ongoing relationships with our clients are very important to us, and you can trust that we will always prioritize your best interests.
We want to be your first call when it comes to all matters relating to estate planning and succession. We will tailor our service to your individual needs and resolve all legal matters in a timely and effective manner.
Contact Our Louisiana Estate Planning Law Firm For Help Today
If you are planning for the future or need guidance with wills, trusts, or probate in Metairie, Louisiana, contact the experienced estate planning attorneys at WJ Blanchard Law to schedule a consultation and protect your family’s legacy today.
We proudly serve New Orleans, Jefferson Parish, and the surrounding areas:
WJ Blanchard Law
2800 Veterans Blvd Suite 257
Metairie, LA 70002
Phone: (504) 313-7478
Hours: Mon-Fri 09:00-17:00
Our firm is located near you. We have an office in Metairie
Find us with our GeoCoordinates: 30.0014913,-90.1498979,893
