Detailed Answer

When a person dies in Louisiana, their estate consists of all assets they owned in their individual capacity at death. By contrast, a corporation established by a relative is a separate legal entity under Louisiana law. To determine whether an asset belongs to the deceased’s estate or to a corporation, follow these steps:

1. Verify Title and Ownership Documents

Examine deeds, titles, vehicle registrations, and account agreements. If the asset is titled in the individual’s name or in the name of “Estate of [Name],” it belongs to the estate. If the asset is titled in the corporate name (e.g., “ABC, Inc.” or “XYZ, LLC”), it belongs to the corporation.

2. Review Corporate Records

Under Louisiana Revised Statutes § 12:1, a corporation has its own legal existence. Ask for the company’s articles of incorporation, bylaws, minutes, ledgers, and annual reports. Corporate records showing purchase, maintenance, or management of the asset confirm corporate ownership.

3. Examine Bank and Financial Accounts

Look at account names and tax returns. Personal bank accounts or brokerage statements in the decedent’s name form part of the estate. Corporate bank or brokerage accounts listed under the corporate tax identification number belong to the company.

4. Trace Funds and Transactions

If funds from the decedent’s personal accounts were used to buy corporate assets (or vice versa), review ledger entries and invoices. Unauthorized commingling of assets may require legal action. Louisiana’s Uniform Fraudulent Transfer Act (La. Civ. Code art. 2036 et seq.) can help undo transfers made to hinder creditors, including benefitting an estate or corporate entity improperly.

5. Consult the Probate Process

During probate, the succession representative inventories the decedent’s assets. If the representative omits assets later claimed by a corporation, you may object to the inventory under Louisiana Code of Civil Procedure art. 3371. Properly categorizing property at this stage ensures assets pass under the correct title.

6. Seek Professional Assistance

Accountants and forensic experts can trace complex transactions. An attorney can file motions in probate court to compel disclosure of corporate records. If you suspect a relative used the corporation to shield assets from the estate, you can challenge the transfers under La. R.S. 9:5601–5608.

By examining title documents, corporate records, and financial transactions—and by using Louisiana’s probate and fraudulent transfer rules—you can distinguish estate assets from corporate property accurately.

Helpful Hints

• Check the Louisiana Secretary of State’s database for corporate filings: https://www.sos.la.gov/
• Request a complete inventory and appraisement from the succession representative (La. C.C.P. art. 3361).
• Review the decedent’s last individual income tax return for reported assets.
• Compare corporate tax returns (Form 1120 or 1065) to individual returns for discrepancies.
• Obtain copies of deeds and titles from the parish recorder of mortgages.
• Look for corporate board resolutions authorizing major purchases.
• Keep detailed notes on any fund transfers between individual and corporate accounts.
• Consult with a probate attorney if there’s any doubt or dispute.