Lafayette, LA asked in Probate for Louisiana

Q: Is a legatee resposible for the repayment of a loan that is collateralized by property thats not part of legacy?

Decedant left home and property, via a notarial will, to legatee who was his best friend and roomate for 20 years and who exclusively cared for decedant until his death. Thus decedant died testate as to said property. Prior to his death, decedant used said prooerty, along with five other properties he owned, as collateral for a loan which was unpaid at the time of his death. Decedant died intestate as to the 5 properties included as collateral for his loan. Decedants heirs are refusing to open succession. Hiw should legatee proceed? If legatee repays the entire debt does she also take possession of the other properties used as collateral? Should repayment be proprtionately shared by heirs and legatee according to property values, or should the estate pay all debts and place legatee in possession of unencumbered property?

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Probate Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: You need to contact a succession lawyer and discuss this with him. You have the right to open the succession just as the decedent's heirs have that right. Meeting with a succession lawyer can provide insight into the pros and cons of this and your specific situation.

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