Understanding Unauthorized Charges to a Parent’s Estate in Louisiana

Short answer: If someone charges or takes money from your parent’s estate without legal authority, Louisiana law gives heirs and the estate’s administrator or executor several civil remedies. These include demanding an accounting, suing to recover the funds, surcharging (holding the fiduciary personally liable for losses), asking the court to remove the administrator or executor, and, when appropriate, pursuing criminal referrals. Act quickly: statutory deadlines and probate processes limit the available remedies.

Detailed answer

This section explains, in plain language, how unauthorized charges to an estate are handled under Louisiana probate practice and what steps heirs and fiduciaries typically take.

1. Who controls the estate during probate?

After a person dies, a court appoints an executor (if there is a valid will) or an administrator (if there is no will). That person has a legal duty to collect estate assets, protect them, pay valid debts, and distribute what remains to heirs or legatees. If someone takes estate money without authorization — whether a family member, creditor, or even the appointed fiduciary — that conduct may violate the fiduciary duties and the law.

2. Immediate practical steps to take

• Preserve evidence: keep bank statements, credit-card statements, invoices, check images, emails, text messages, and any written authorizations or denials.
• Request an accounting: ask the executor/administrator in writing for a complete inventory and accounting of estate transactions. Louisiana practice expects an inventory and accounting from the person in control of the succession.
• Note deadlines: probate and creditor rules include time limits. Do not assume you have unlimited time to act; consult an attorney or contact the probate clerk for timetable details.
• Do not destroy or alter records. That can harm any later legal claim.

3. Typical legal remedies available in Louisiana

Depending on the facts, heirs and the succession’s representative can pursue one or more of the following:

• Action for accounting: A court-ordered accounting forces the fiduciary to show all receipts, disbursements, and transactions involving estate property. If the accounting reveals unauthorized charges, the court can order repayment.
• Surcharge (personal liability): Louisiana courts can hold a fiduciary personally liable for losses they caused by mismanagement, bad faith, or unauthorized use of estate assets. This is commonly called a surcharge action.
• Removal of fiduciary: If the executor/administrator misused estate funds or otherwise failed in duties, heirs may ask the court to remove and replace the fiduciary.
• Replevin or return of property: If specific property was taken (rather than an abstract charge), the estate can seek the property’s return.
• Conversion or civil theft claims: If someone wrongfully appropriated funds, a civil claim for conversion can be filed to recover value.
• Criminal referral: When the conduct appears fraudulent or criminal (e.g., embezzlement), the matter can be referred to law enforcement and prosecutors. Civil remedies and criminal proceedings can proceed independently.

4. How unauthorized charges interact with creditor claims

The estate must pay valid creditor claims according to statutory priorities. Unauthorized charges that are not valid debts of the estate should not be paid. If the executor paid an unauthorized charge to a person as if it were a valid debt, the estate (and its heirs) can seek restitution from the recipient or from the fiduciary who made the payment.

5. Evidence and proof

To recover unauthorized charges you will generally need:

• Proof the funds or property came from estate accounts or estate assets;
• Evidence the person who received or charged the funds lacked authority (no court order, no written authorization, not a valid creditor claim);
• Records showing the fiduciary failed to follow required procedures (no inventory, no notice to heirs or creditors when required, no receipts for disbursements); and
• Any communications authorizing or denying payment.

6. Court process and timelines

Louisiana law sets out procedures for succession administration, notice to creditors, and related remedies. Because timing and procedure matter, act quickly if you suspect unauthorized charges. The court that handles the succession can set hearings for accountings, motions to surcharge, and removal of fiduciaries. For statutory text and more on succession law, consult the Louisiana legislature’s resources on succession and probate: https://legis.la.gov/Legis/LawSearch.aspx?search=succession

7. Typical outcomes

Outcomes vary with the facts. Common results include repayment to the estate plus court-ordered interest, removal of the fiduciary and appointment of a successor, settlement agreements, and, sometimes, criminal charges. In many cases, parties resolve disputes through negotiation or mediation before trial.

How to proceed if you are an heir or concerned family member

1. Ask for a written accounting from the executor/administrator immediately.
2. Preserve records and document all communications.
3. Consider sending a formal written demand for repayment or explanation.
4. If the fiduciary refuses or the accounting shows wrongdoing, consult a probate attorney to evaluate an action for accounting, surcharge, or removal.
5. If the conduct appears criminal, contact local law enforcement or the district attorney after consulting counsel.

Helpful Hints

• Informal requests often resolve issues. Start by asking the fiduciary for documents and an explanation.
• Keep a clear timeline and copies of every statement and communication related to the estate and the disputed charges.
• Get professional help early. Probate disputes can become costly; a lawyer can assess whether a quick demand letter, negotiation, or immediate court action is best.
• Check the court file: succession filings, inventories, and accountings are public in the probate court where the succession is open. They can show whether required steps were taken.
• Beware deadlines: Louisiana has rules governing creditor claims and succession procedures. Waiting too long can forfeit remedies.
• Consider alternative dispute resolution: mediation may save time and money compared with a long court battle.
• Document and notify other heirs. Collective action often strengthens an estate’s position against an unauthorized recipient or misbehaving fiduciary.

Relevant Louisiana law resources

• Search Louisiana succession and probate laws: https://legis.la.gov/Legis/LawSearch.aspx?search=succession
• Search Louisiana laws on fiduciary duties and estate administration: https://legis.la.gov/Legis/LawSearch.aspx?search=fiduciary
• Search Louisiana laws on creditor claims and succession procedure: https://legis.la.gov/Legis/LawSearch.aspx?search=creditor%20succession

Disclaimer: This article explains general concepts of Louisiana probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Louisiana attorney who handles probate and succession matters.