How to Recover a Cash Bequest from a Sibling’s Estate When the Executor Won’t Cooperate

Short answer: Confirm the bequest is part of the probate (succession) estate, make a written demand for payment and an accounting, and if the executor refuses, file a petition in the succession court asking the judge to compel an accounting, order turnover of the funds, and if necessary remove the executor or hold them in contempt. Act promptly and get local counsel if the executor continues to obstruct the distribution.

Detailed answer — Step-by-step under Louisiana law

This section explains how to move from complaint to resolution in a Louisiana succession (probate) where a sibling is owed a cash legacy but the executor refuses to cooperate. This is general information, not legal advice.

1. Confirm the bequest and confirm the estate is open in succession court

• Obtain a copy of the will (if any) and the petition opening the succession. The will identifies the cash bequest (legacy) and the named executor.
• Find the court file for the succession in the parish where the decedent was domiciled. The succession file will show the appointed executor and pleadings filed in the matter.
• If the estate has not been opened, you may need to open a succession to enforce the bequest.

2. Make a written demand and request an accounting

• Send a written demand for payment and a request for an accounting to the executor. Use certified mail (return receipt) or another verifiable method and keep copies of all correspondence and delivery receipts.
• State clearly that you are the legatee named in the will and attach a copy of the will or relevant page showing the legacy amount.
• Ask for an inventory of estate assets, a statement of debts paid and remaining, and a proposed timetable for distribution.

3. Know the executor’s basic duties and grounds to force compliance

• Executors (administrators in intestate matters) must collect estate assets, pay valid debts and taxes, and distribute the remainder to heirs and legatees. If an executor refuses to act or hides assets, the court can compel an accounting and order turnover.
• Grounds to seek court action include failure to account, misappropriation of funds, refusal to pay legacies, incompetence, conflict of interest, or bad faith.

4. File a petition in succession court to compel an accounting and turnover

• If the executor ignores your demand, file a written petition in the succession proceedings asking the judge for relief. Typical requests include a formal accounting, an order directing payment of the legacy, and attorney’s fees and costs if appropriate.
• The court can issue rules (orders) requiring the executor to appear, produce records, and explain conduct. If the executor fails to comply, the court can sanction them, order restitution, or remove them from office.

5. Consider asking the court to remove the executor or to appoint a curator

• If the executor is demonstrating bad faith, gross neglect, or mismanagement, petition the court to remove the executor and appoint a replacement executor or curator to protect estate assets.
• Removal often follows proof that the executor has misapplied funds, refuses to administer the succession, or is otherwise unfit.

6. Use interim remedies if assets are being dissipated

• Ask the court for injunctive relief or sequestration (temporary seizure) of assets if you have evidence the executor is moving or wasting estate funds. Louisiana courts can issue emergency orders to preserve estate assets.
• If the executor is withholding a specific cash legacy that is currently in the estate’s bank account, the court can order a turnover of that amount.

7. If you suspect fraud, forgery, undue influence or theft

• Gather evidence (bank records, communications, witness statements). If you suspect criminal conduct (theft, fraud, forgery), you can report it to law enforcement while pursuing civil remedies in succession court.
• Court remedies remain available to set aside transactions, void a forged or improperly executed will, or recover misappropriated funds.

8. Keep time and costs in mind; consult a Louisiana succession attorney

• Probate litigation can take time and involve filing fees and attorney’s fees. Acting quickly preserves evidence and legal rights. An attorney familiar with Louisiana successions can draft the right pleadings and identify available remedies.

Where to file and what court rules apply

Succession proceedings take place in the district court (succession court) of the parish where the decedent was domiciled. Search or visit the Louisiana Legislature website for the Civil Code provisions on successions and related rules: https://legis.la.gov/. Your local district court clerk can point you to the correct parish succession docket and filing procedures.

Common court remedies in Louisiana successions

• Judicial accounting: The court orders the executor to file a full accounting with supporting documentation.
• Turnover order: The court directs distribution of the cash legacy to the named legatee.
• Removal of executor: The court can remove an executor for cause and appoint another fiduciary.
• Sequestration or injunctive relief: Temporary steps to freeze assets or prevent dissipation pending final resolution.
• Contempt and sanctions: If the executor ignores court orders, the court can impose sanctions, including contempt fines or jail in extreme cases.

Practical checklist — what to do now

1. Find and copy the will and the open succession file in the parish district court.
2. Send a written demand and request for an accounting to the executor by certified mail; keep proof of delivery.
3. Collect and preserve documents: will pages, correspondence, bank statements, receipts, and witness statements.
4. Contact the district court clerk’s office where the succession is pending to learn filing rules and fees.
5. If the executor refuses or stalls, consult a Louisiana succession attorney to prepare and file a petition to compel an accounting and compel distribution.

Helpful Hints

• Always send important requests by certified mail and keep copies of everything.
• Speak politely but firmly to the executor; sometimes non-lawyer communication resolves misunderstandings quickly.
• Keep a detailed timeline of communications and actions taken; courts appreciate organized records.
• Before filing suit, ask the court clerk for forms and local rules — some parishes have streamlined procedures for successor accountings.
• If the estate is small, ask the clerk whether a simplified/small succession procedure applies; it may be quicker and cheaper.
• Be realistic about costs. Litigation can be expensive; sometimes mediation or settlement yields faster results.
• If you suspect criminal wrongdoing, make a simultaneous report to law enforcement in addition to civil remedies.
• Act promptly. Delay can reduce the chance of recovery and allow assets to be spent or hidden.

Key resources

• Louisiana Legislature (search statutes and Civil Code provisions for successions): https://legis.la.gov/
• Your local parish district court clerk’s office (for succession filings and local rules)

Disclaimer: This article explains general Louisiana succession procedures and common remedies. It is educational and informational only and does not constitute legal advice. For advice about your specific situation, consult a licensed Louisiana attorney.