QUESTION
What can be done if the portion of my dad’s house is willed to my brother but the house has already been sold?
Asked on Jun 18th, 2014 on Estate Planning - Louisiana
More details to this question:
I opened a succession on my dad and mother. No one could find a will at the time. I was awarded executor of the estate. I sold my parent’s house and divided the money with my other siblings. Now my brother has found a will belonging to only my father.
1 ANSWER
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Since you use the term "succession," I assume the estate was located in Louisiana. If so, your brother needs to petition the court to reopen the succession under the provisions of Louisiana Code of Civil Procedure Article 3393. The court may reappoint you as succession representative or appoint another succession representative. (Although you used the term "executor," it is likely you were appointed as administrator, since the term "executor" applies only to a succession representative appointed under the terms of a will.)
Answered on Jun 23rd, 2014 at 8:43 PM