Carlsbad, NM asked in Probate for Louisiana

Q: My father passed August of last year, and I don't have any of his account info. How would I go about finding his estate?

I know he had a 401k through Shell, I contacted them and was told they already sent what was in it to his estate. My aunt and uncle have the info for all his accounts but will not release it to me because they're trying to make me make them administrators so they can take my inheritance. What do I do to find all of his accounts or his estate? He lived in Louisiana, was divorced and I'm his only child.

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2 Lawyer Answers

A: You should hire a probate lawyer in or near the county where your father was living at the time of his death to probate his estate and ask that you be appointed independent administrator of his estate. Once appointed, you will have the right to receive information and assets like the 401k as the legal representative of his estate.

Christie Tournet
Christie Tournet
  • Probate Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: You will need to find out if succession has been opened. If there is no Will, then, it really is a race to the courthouse for who first applies for the position, and if any objection is lodged. If your father had a Last Will, it is possible that others could be beneficiaries, but without a Last Will, children inherit separate property.

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