How Does Someone Enforce A Claim Against An Estate In Succession?

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A creditor of the estate or succession that is under administration may submit a claim to an executor or administrator for acknowledgement and subsequent payment in due course of the administration of the estate. However, just because someone presents a bill does not mean that the administrator of the estate will have the money to pay it. There is no particular form that is required to present this claim to the executor or administrator, although it must be in writing. The creditor who is looking to be paid should be careful to ensure that the estate or succession representative acknowledges the debt and agrees to pay it in due course. Should the estate succession representative reject the claim, the creditor must be prepared to seek judicial enforcement of it. In other words, the creditor would have to obtain a lawyer and file the appropriate papers in order to have their debt recognized and enforced.

What Issues Can An Executor Face If A House Owned By An Estate In Succession Is Unoccupied?

If a house owned by an estate in succession is unoccupied, the first concern should be for the safety of the house. If there is already a security system in place that is contractually monitored, then the monitoring service should be contacted immediately in order to determine who will be called in the event of a security breach. Whomever is listed should be easily reachable. In addition, the security passwords should be obtained from the monitoring service and changed in order to prevent unauthorized individuals from entering the house. The locks on the doors may also need to be changed if too many people have keys. Valuable items inside the house should be moved to a safe location, such as a safety deposit box. This should be done as soon as possible, because small items such as pieces of jewelry or weapons could be easily stolen.

At the beginning of the process, the executor or administrator needs to communicate with all of the legatees or heirs regarding his plans with the estate. This is important in order to avoid conflict, legal issues, delays in the process, and potential costs associated with having to defend the estate against unwarranted claims.

If the will or testament does not bequeath the house to anyone, then a decision will have to be made with regard to whether it will be kept, rented, or put up for sale. There are several things that an executor must do to preserve the house until the estate or succession is closed out, including keeping it insured, paying property taxes, and keeping the utilities on. If the house is going to be sold or leased, then it may need to be appraised by a qualified appraiser. Taking this step will prevent the executor from selling the house for less than the appraisal value and consequently getting sued.

In the event that the will and testament does not bequeath the house to a particular heir or legatee, the executor would need to consult with the heirs or legatees and consider their opinions regarding what should be done with the house. Unless there’s a very good reason to not abide by the consensus decision of the heirs or legatees, that’s what the executor should do. It is best for the executor to remain objective and follow reasonable choices made by the heirs or legatees. This will help the executor avoid conflict, unnecessary costs, and the potential of litigation down the road. The heirs and legatee should be made aware of the expenses associated with the maintenance of the house for any period of time in order to strongly encourage them to make up their mind as to what they want to do with it.

Generally speaking, the very best thing to do with a house is to sell it as soon as possible and divide the sale proceeds in accordance with the terms of the will or in accordance with each heir’s legal share in the closeout of the estate in succession. Due to the many important responsibilities that fall on an executor of an estate, it is important for them to obtain a knowledgeable and experienced attorney who has handled estate successions in Louisiana.

For more information on Enforcing A Claim Against An Estate In Succession, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450.