How to confirm the executor correctly calculated your percentage share from a sibling’s house sale under Louisiana law

Short answer: Ask the executor for the estate accounting and sale documents, confirm the net sale proceeds (sale price minus mortgage payoffs, liens, closing costs, and valid estate expenses), confirm how debts and taxes were handled, and then calculate your share based on the will or Louisiana intestacy rules. If you see discrepancies, you can ask the court to review the account or seek an attorney to object and force an accounting.

Detailed answer — step‑by‑step (Louisiana law context)

Louisiana probate (succession) law requires the person administering an estate (the executor under a will or the administrator/curator in an intestate succession) to gather assets, pay valid debts and expenses, and distribute the remaining estate to heirs or legatees. While the specific procedures and deadlines can vary by parish and the court handling the succession, you can follow these practical steps to confirm the math and the legal treatment of the house sale.

1) Identify who is administering the succession and what authority they have

Confirm whether the estate is being administered by an executor named in a valid will or by an administrator appointed by the court. That person has a fiduciary duty to the estate and its beneficiaries. For background on Louisiana succession law, see the Louisiana legislative site: https://www.legis.la.gov.

2) Request the estate paperwork you will need to verify the calculation

Ask the administrator/executor (preferably in writing) for copies of:

• The court file / docket entries for the succession (judge’s orders, petitions, and any account approvals)
• The signed sale contract and closing statement (HUD‑1 or Closing Disclosure) for the house sale
• The estate inventory and any interim or final accounting filed with the court
• Receipts proving payoff of mortgages, liens, taxes, and other claims paid from sale proceeds
• A ledger or schedule showing distribution calculations (how net proceeds were computed and how each beneficiary’s share was derived)

3) Recreate the math: how to compute net sale proceeds

Start with the sale price (gross proceeds). From that, subtract in this order:

1. Payoff of mortgage(s) and recorded liens (verify with lien release or payoff statement)
2. Real estate closing costs and commissions shown on the closing statement
3. Valid estate expenses related to the sale (repair costs required for sale, advertising, reasonable attorney fees if court‑approved, executor fees if authorized)
4. Accrued property taxes, special assessments, and probate taxes (if applicable)
5. Any other court‑approved creditor claims paid from proceeds

The remainder is the net proceeds from the sale available for distribution. Make sure each deduction is supported by a document (payoff letter, invoice, receipt or court order).

4) Determine your legal share under the will or intestate succession

If your sibling left a will, distribution follows the will’s terms unless successful challenges change it. If there is no will, Louisiana’s intestacy rules apply; which relatives inherit depends on who survives the deceased (spouse, children, parents, siblings, etc.). For official texts and statutes related to succession, consult the Louisiana legislative website: https://www.legis.la.gov.

Example (hypothetical):

• Sale price: $300,000
• Mortgage payoff: $60,000 (documented payoff statement)
• Realtor commission and closing costs: $18,000 (Closing Disclosure)
• Estate‑approved repairs and closing expenses: $4,000 (receipts)
• Net proceeds = $300,000 − $60,000 − $18,000 − $4,000 = $218,000
• If you are entitled to 1/3 of the estate under the will or intestacy, your share = 1/3 × $218,000 = $72,666.67

5) Watch for special Louisiana rules that affect distribution

• Community property: Louisiana is a community property state. If the decedent was married, some property may be community property and the surviving spouse’s rights may alter shares. That can affect whether the house (or portion of its value) belongs to the community or to the decedent’s separate estate.
• Forced heirship (forced portion): Louisiana has forced heirship rules in some situations (e.g., certain minor children or disabled descendants). That can restrict the testator’s freedom to disinherit and affect distributions.
• Priority of creditor claims: Estate creditors are paid before distributions to heirs. If there are unresolved creditor claims, distributions may be delayed or adjusted.

6) Confirm the accounting was filed or approved by the court

In many Louisiana successions the executor must file inventories and accounts with the court. Look for court filings titled “inventory,” “account,” “report of administration,” or an order approving a final account. If the court has approved the account (homologated it), distributions made consistent with that approval are given strong legal effect.

7) If numbers don’t add up — what you can do

• Ask the executor for an explanation and supporting documents in writing.
• Request the court clerk’s help to inspect filed accounts and the succession docket.
• File a written objection in the succession case asking the court to require a detailed accounting. The court can order production of documents and an explanation of deductions.
• Consider hiring an attorney or a forensic accountant (if the math or records look suspicious). An attorney can file the appropriate motions and represent you before the court.

What documents and numbers to check closely

• Sale contract and final closing statement — verify gross sale price and line‑by‑line closing costs
• Mortgage lien payoff statements and reconveyances
• Invoices/receipts for repairs or sale‑related expenses
• Copies of paid creditor claims or court orders directing payment
• Executor’s ledger or proposed distribution schedule
• Any court order approving fees (executor fees, attorney fees, etc.)

Helpful hints

• Be polite and specific when requesting documents — ask for the exact items listed above and give the executor a reasonable deadline (for example, 10–14 days).
• Keep your own running spreadsheet. List gross sale price, each deduction with its supporting document, and then compute the net proceeds and your share.
• Obtain an independent appraisal or a CMA (comparative market analysis) if you think the house sold significantly below market value.
• If the administrator resists producing records, ask the court clerk how to file a motion to compel an accounting in the succession docket.
• Record all communications in writing (email is fine). If you must go to court, written requests and documented refusals help your case.
• Consider a brief consultation with a Louisiana succession or probate attorney if the sums are substantial or if the account looks incomplete — a short attorney consult can clarify your rights and next steps.

Where to find official Louisiana resources

Primary sources of Louisiana statutes and court information are available at the Louisiana Legislature website: https://www.legis.la.gov. For local procedures and to inspect the succession docket, contact the civil clerk of the district court in the parish where the succession was filed.

When to get legal help

If the executor refuses to provide documents, if you discover unapproved deductions, or if you suspect misconduct (improper self‑dealing, inflated expenses, or failure to pay creditors), consult a Louisiana attorney experienced in successions. An attorney can advise whether to object to the account, request a judicial accounting, or ask the court to remove an executor for cause.