Louisiana: Reimbursement for Mortgage Payments Made to Preserve Estate Property

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Understanding Reimbursement for Mortgage Payments Made to Protect a Louisiana Estate

Short answer: In Louisiana you can sometimes be reimbursed from the estate for mortgage payments you made to preserve estate property, but reimbursement depends on who made the payments, whether those payments were necessary and reasonable, and whether an executor or the succession court approves the claim. Collect clear proof of each payment and consult a succession attorney to present a claim in the succession proceeding.

Detailed answer — how reimbursement works under Louisiana law

When someone dies in Louisiana, the estate must pay debts and the costs of administration before heirs receive their shares. Payments that preserve estate property — for example mortgage payments needed to avoid foreclosure, insurance premiums, or urgent repairs — are often treated as necessary expenses of administration. If an authorized representative of the succession (an executor, administrator, or provisional administrator) makes those payments, the estate normally reimburses them as an expense of administration.

If a person who is not the appointed administrator (for example an heir, co-owner, or third party) makes mortgage payments to prevent loss of the property, that person may still be entitled to repayment from the estate. How courts handle such claims depends on several factors:

  • Authority and approval: Was the payment authorized by the executor or by a court order? Payments authorized by the administrator or court are easier to recover.
  • Necessity and reasonableness: Were the payments necessary to preserve the estate property and were the amounts reasonable? Ordinary payments to avoid imminent foreclosure or to keep insurance in force are more likely to be approved.
  • Documentation: Are there receipts, bank records, a written demand for reimbursement, or correspondence showing the administrator knew of the payments?
  • Priority of expenses: In Louisiana, legitimate expenses of administration and costs of preserving the estate are paid out of the estate before distribution to heirs, so a court-ordered reimbursement may take priority over distributions.
  • Subrogation or lien rights: In some cases a payor who satisfied a mortgage payment can seek subrogation to the paid portion of the mortgage or assert a claim against the estate, depending on the facts.

Practical result: a non-administrator who can prove that their mortgage payments were necessary, documented, and made in the interest of protecting estate property can usually press a claim against the estate for reimbursement. If the administrator refuses to pay, a court petition within the succession proceeding is the usual next step.

Where to look in Louisiana law: Louisiana’s succession provisions and rules that control administration, creditor claims, and payment priorities are found in the Louisiana Civil Code and related statutes. For access to the official statutes and to search the laws, use the Louisiana Legislature site: https://legis.la.gov/Legis/LawSearch.aspx. If you will bring a claim or need to review succession rules, search for “successions,” “administration of estates,” and related terms on that site.

Typical scenarios and how courts often decide

Below are common fact patterns and likely outcomes under Louisiana practice:

1) Administrator or executor makes the mortgage payments

Outcome: The estate generally reimburses the administrator from estate assets as an expense of administration, subject to court accounting and approval.

2) An heir makes payments with the administrator’s prior knowledge or consent

Outcome: The heir has a strong claim for reimbursement. The administrator can include the heir’s claim in the succession accounting and pay it before distributing assets to heirs.

3) An heir or third party pays without approval but to avoid foreclosure

Outcome: The payor may still recover if they can prove payment preserved estate property and that reimbursement is equitable. The court will review necessity and documentation.

4) Payments made to reduce a mortgage or to protect a specific co-owner

Outcome: The payor’s recovery may be limited. Courts distinguish payments that benefit the estate from those that primarily benefit a single heir. In some cases the payor may get credit in partition or assert a claim against the portion of the property they protected.

Steps to take right now if you paid mortgage payments to preserve estate property

  1. Keep originals or certified copies of receipts, cancelled checks, bank transfers, and any correspondence about the payments.
  2. Prepare a short written demand that states the amounts paid, dates, payee, and why each payment was necessary. Send it to the executor or administrator by certified mail and keep the return receipt.
  3. Ask the administrator to include your claim when they file the succession inventory and account. Administrators must list debts and claims they know of.
  4. If the administrator refuses, ask an attorney about filing a petition in the succession court to have your claim recognized and paid as an expense of administration or otherwise adjudicated.
  5. Consider whether you should request temporary court relief to protect your right to reimbursement (for example, an order recognizing your claim or preventing distribution until claims are resolved).

Helpful hints

  • Document everything: dates, amounts, payees, and why each payment was needed.
  • Distinguish mortgage principal reductions from interest or other charges; courts care about what the payment actually accomplished.
  • Get written acknowledgment from the administrator if possible before you pay; that greatly improves your chance of full reimbursement.
  • Act quickly — unresolved claims can complicate distributions and may become harder to enforce if property is sold or distributed.
  • If the estate is insolvent or the mortgage lender forecloses, repayment risk increases; seek legal advice promptly.
  • Use the Louisiana Legislature’s law search to review succession and administration provisions: https://legis.la.gov/Legis/LawSearch.aspx.

When to consult a lawyer

Talk to a Louisiana succession or probate attorney if the administrator rejects your claim, if a foreclosure is pending, or if the estate contains limited funds. An attorney can advise whether your payments likely qualify as administration expenses, help you prepare evidence, draft a petition to the succession court, and protect your rights in partition or accounting proceedings.

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

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.