This post describes the basic rules regarding the enforcement of claims against Successions. It's important that you seek attorney help if you are involved in a Succession that has claims made against it, whether you are the loved one of a decedent who is attempting to settle the estate, or the creditor of an estate that owes you.
It often starts when a creditor submits a written claim to the Succession Representative (Administrator or Executor). The Succession Representative will, within 30 days, either acknowledge or reject the claim. A failure to do so results in a rejection.
If the claim is acknowledged, it is presumed valid, included in the Succession paperwork, and the running of prescription against the claim is suspended.
If not acknowledged, a creditor may suspend the running of prescription by delivering a formal written proof of claim to the Succession Representative, or filing a formal written proof of claim in the succession record if no Succession Representative has been appointed and no Judgment of Possession has been signed, or if no succession proceeding open, a creditor can file a formal written proof of claim in the mortgage records of the parish where the deceased was domiciled.
A formal written proof of claim is sworn to and sets forth the name and address of the creditor, the amount of the claim and a short statement of facts, and, if the claim is secured, a description of the security. Relevant written instruments with endorsements must be attached to the proof of claim.
So if you are involved either as a creditor or as a Succession Representative, in a succession where claims are attempting to be enforced, it would make sense to work with an attorney who understands these rules regarding claims enforcement, and can guide you through the process.
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Louisiana Estate Planning Attorney
Phone: (225) 329-2450