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Oct 05, 2026
After a death, one family member often steps forward. They arrange the funeral, collect mail, and call the bank. That help can be valuable. It does not necessarily mean that person has authority to control every asset or make every decision for the estate.
Ask which role the person actually holds
A person may be an heir, a surviving spouse, a beneficiary of a particular account, or the executor named in a will. Those roles can overlap, but they are not interchangeable. The family should ask what document gives the person authority for the particular action they propose.
If the court has appointed a succession representative, ask for the court order and letters showing the appointment. Louisiana Code of Civil Procedure article 3191 requires a representative to collect, preserve, and manage succession property as a fiduciary. The representative’s job is to serve the estate, not to treat its assets as personal property.
An executor named in a will may need to qualify before acting as the court-appointed representative. A power of attorney used while the person was alive generally ends at death under Civil Code article 3024. Neither label should be treated as a blank check after death.
Ask focused questions before a conflict grows
What assets is the relative handling? Has a succession been opened? Is there a will? Are estate funds kept separate? Who is paying insurance and necessary bills? Are heirs receiving information about important decisions? A calm written request for the relevant documents and a basic status update may clear up a misunderstanding.
When a representative refuses to provide information, the law offers more formal options. Our article on what an heir can do when the executor will not provide information explains that next stage. However, not every slow response means misconduct; the estate may still be gathering records or awaiting a bank’s answer.
Get the authority question answered
Keep the roles distinct
An heir has succession rights; an executor named in a will has been nominated; an appointed and qualified representative has court-established authority; and a former agent ordinarily cannot rely on a mandate after the principal’s death. Field Law has filed both requests to remove succession representatives and opposition to removal requests. Those matters illustrate why the authority, conduct, and supporting records need review before a family treats a disagreement as grounds for removal.
Field Law can review the will, court filings, ownership records, and the action the relative wants to take. We can explain who may act, what information should be shared, and whether the estate needs a representative at all. Request a free consultation if your family needs a clear answer about who is handling a Louisiana estate.
Page updated 10/05/26. Attorney information: Morgan Field, Managing Attorney. This page provides general information and does not create an attorney-client relationship.
