Detailed answer — how Louisiana law treats a sale of a deceased person’s car and an accusation of mismanagement

When a family member dies, property that belonged to the decedent becomes part of the succession (estate) unless it passed outside of the estate before death (for example, by joint ownership or beneficiary designation). Who had legal authority to sell the vehicle and what happened to the sales proceeds are the central facts that determine whether a sibling has a legitimate claim.

Key legal questions the court will ask

• Was the car still the decedent’s property at the time of sale? (If title had already been transferred, it may no longer be estate property.)
• Were you acting in an official role (executor, testamentary executor, or administrator) with letters authorizing you to manage estate property?
• Did you have court approval or lawful authority to sell estate property, or did the heirs consent to the sale?
• Did you account for the sale properly — deposit proceeds to the estate, provide receipts, and include the transaction in the required inventory/accounting?
• Did the sale benefit the estate (reasonably priced, arms-length transaction) or did it benefit you personally in a way that harmed the heirs?

Possible legal remedies your sibling can pursue in Louisiana

If a sibling believes you mismanaged estate property by selling the car, common remedies include:

• Requesting an accounting — asking the court to require you to produce records showing how you handled estate assets.
• Filing a petition in the succession (probate) court to surcharge (recover) amounts for losses to the estate if you are found to have improperly handled or converted estate property.
• Asking the court to remove you as the administrator or executor if you hold that role and have breached your duties.
• Pursuing a civil claim for conversion or unjust enrichment if the sale improperly transferred estate property for personal gain.
• In extreme cases, referring the matter to criminal authorities if facts suggest theft or fraud (that is separate from civil claims and has different elements).

How courts view sales by an administrator/executor

Administrators or executors owe a duty to preserve estate property and to act in the best interests of the heirs and creditors. A lawful sale usually requires either:

• express authority in the will or by Louisiana law,
• court authorization, or
• written consent of the heirs if the law or local practice allows informal settlements among heirs.

If the sale was made with proper authority, the sale price was fair, and the proceeds were properly accounted for and deposited to the estate, a court is unlikely to find mismanagement. If the sale was made without authority, at a below-market price, or the proceeds were kept by the seller rather than turned into the estate, the court may order repayment, surcharge, or other relief.

Practical outcomes that can occur

• If you were authorized and accountable: the court may dismiss the claim after reviewing your documentation.
• If documentation is incomplete but you can remedy the defect (e.g., deposit sale proceeds into the estate): the court or the heirs may accept a settlement or require an accounting and corrective payment.
• If you sold unlawfully and profited: the court can order you to repay the estate, pay damages (surcharge), and possibly remove you from your fiduciary role.
• If the facts suggest criminal conduct: prosecutors may investigate, which is separate from the civil succession case.

What you should do now — immediate steps

1. Gather documents: title, bill of sale, any power of attorney or letters testamentary/administration, the decedent’s death certificate, bank records showing where sale proceeds went, communications with heirs, and any receipts or appraisals.
2. Check your authority: were you acting as executor/administrator? Did the will authorize sale? If you were not a fiduciary, was the car owned jointly or otherwise transferred before death?
3. If you were fiduciary: prepare a written accounting showing the sale price, buyer identity, how proceeds were handled (deposited to estate account or distributed) and any court approvals obtained.
4. Communicate: consider offering a clear written explanation and copies of documentation to the sibling and other heirs. Early transparency often avoids litigation.
5. If accused formally: respond to court filings quickly and consider hiring a Louisiana attorney experienced in successions and fiduciary litigation.

How a court case usually proceeds in Louisiana

A sibling claiming mismanagement will typically file a petition in the succession court (the parish court handling successions). The court can require an accounting, hold hearings, and decide remedies such as surcharges, removal of the fiduciary, or repayment orders. Courts encourage heirs to try to resolve disputes by agreement, but litigation proceeds when parties cannot agree.

For more information about Louisiana successions and related rules, you can search the Louisiana laws at the Louisiana Legislature website: https://legis.la.gov/Legis/LawSearch.aspx (search for “successions,” “executor,” or “accounting”).

Helpful hints

• Document everything: written records and receipts are your best protection.
• If you sold the car personally and the decedent still owned it, consider putting sale proceeds in an estate account and telling the heirs immediately.
• If you were acting under a power of attorney but the principal was already deceased, that power usually ends at death — authority to manage post-death property often rests with an executor or administrator appointed by the court.
• Don’t destroy records or transfer money out of reach — doing so can make a civil claim stronger and may trigger criminal suspicion.
• Try mediation or settlement before expensive litigation — family disputes over modest assets can often be resolved quickly if accounts are transparent.
• Consult a Louisiana attorney if the amount at issue is significant or if a court petition is filed. Succession rules vary from parish to parish and mistakes can be costly.