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Who makes the decisions on contents to sell or donate?
Post Body

Hello new here.

My mom is named executor of a will in Louisiana, usa. It's her parents property. Four adult children.

The property is full. Slight hoarder situation. Who is responsible to fund the cleanup of the property?

There are boats, cars, lawn equipment, antiques, and porcelain knick knacks everywhere.

Will she have to sell everything? Donate? How does she find out who makes the decision on each item to sell or donate?

Other family members are also hoarders and would want to keep everything. It's a six bedroom house full so lots of items.

Added facts per comments :

*Mom's dad is alive but failing health.

*Mom has three living brothers and sisters.

*Dad is widow with no romantic partner.

*Mom's dad made will six years ago and has said by word of mouth he made mom executor. Also verbally said everything is split evenly amoung the kids.

*will is in possession of attorneys who wrote it. In Louisiana.

Comments

You really, really need to ask a Louisiana attorney. Every state is unique, but Louisiana succession laws (they don't call it probate) are significantly different from pretty much anywhere else in the US. I'm a probate lawyer in a nearby state and I absolutely refuse to give even off the cuff advice about Louisiana successions.

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The estate will bear the cost of the lawyer. However, a lawyer might want her to pay him up front, and then have her reimburse herself from estate. In most states if there aren't accounts or other liquid assets, then the house gets sold. Not sure how that works in Louisiana.

She's not obligated to use that lawyer, by the way. She can use another Louisiana lawyer, and they don't have to practice in that town. Go to the closest larger city to find one.

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49 states have laws what evolved from the English common law. Louisiana's laws were originally based on the French Napoleonic Code. I've given up even trying to guess what Louisiana's laws might be, especially when it comes to estates and real estate. My experience is that in Louisiana you have to involve the court for just about anything you want to do.

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10 months ago