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Hi I was asking a question and I was disconnected concerning a last will and testament in the state of Louisiana

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Last will and testament

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Yes the estate attorney says that I'm responsible for paying the expenses of the estate because I'm receiving 5% but the Will has me listed as a particular Legatee. There are Residuary Legatee and a Independent Executor, the estate is $7million . la Article 1423 and 1424 states a particular Legatee is not responsible for estate expenses, he says because I'm receiving 5% of the estate it makes me a general legatee although the will name me as a particular

Submitted: 7 months ago.Category: Estate Law
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11/18/2017
Estate Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 125,320
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

LA CC Art. 3506 does not say that you become a general legatee just because you receive 5% of the estate. The code says:

28. Successor.--Successor is, generally speaking, the person who takes the place of another.

There are in law two sorts of successors: the universal successor, such as the heir, the universal legatee, and the general legatee; and the successor by particular title, such as the buyer, donee or legatee of particular things, the transferee.

The universal successor represents the person of the deceased, and succeeds to all his rights and charges.

The particular successor succeeds only to the rights appertaining to the thing which is sold, ceded or bequeathed to him.

So, if you were a particular legatee according to the definition in 3506, then you do not become a general legatee just because of the amount of the particular bequest.

You also need to see Succession of Farwell, http://caselaw.findlaw.com/la-court-of-appeal/1075623.html,

which states the same thing, a particular legatee is not liable for administration expenses.

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Customer reply replied 7 months ago
Also in the succession the Executor sister bought a home and used the succession as the mortgagor instead of a bank . She's a Residuary Legatee is this legal. ?
Estate Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

She is not supposed to benefit from the estate succession in that manner, so that is a breach of fiduciary duty to the estate and actually grounds for her removal as she impinged the estate for her own personal gain.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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