SUCCESSION OF HUTCHENS v. << (2026)

Writ application granted. See per curiam.

In this writ application, the succession administratrix challenges the court of appeal's reversal of the portion of the district court's “judgment granting Leslie Knox's use of succession funds to pay Leslie Knox's attorney's fees owed to Stutes & Laverne and litigation costs associated with adjudication of her administration fee.” These attorney fees and litigation costs were listed as “DEBTS AND CHARGES DUE FROM THE SUCCESSION” in “Administrative Expenses”¹ on the “FIFTH TABLEAU OF DISTRIBUTION” filed by the administratrix, Leslie Knox. This court grants the writ application for the purpose of vacating the court of appeal's decision in this regard ² and remanding the matter to the district court for a determination of whether the existing record supports an allocation of the itemized attorney fees and litigation expenses between the succession and administratrix, being mindful that attorney fees and litigation expenses incurred by the administratrix for the litigation of administrative fees are not a debt of the succession as they are not “incurred in the collection, preservation, management, and distribution of estate of the decedent” and does not benefit the estate. See La. C.C. art. 1415; Osterland v. Gates, 400 So.2d 653, 657 (La. 1981); Succession of Weed, 56,061, pp. 13-15 (La. App. 2 Cir. 2/26/25), 408 So.3d 311, 320-21, writ denied, 25-0566 (La. 9/16/25), 416 So.3d 480; In Succession of Reno, 15-0854 (La. App. 1 Cir. 9/12/16), 202 So.3d 1147, 1156-57.

WRIT GRANTED; VACATED IN PART; REMANDED TO THE DISTRICT COURT WITH INSTRUCTIONS.

FOOTNOTES

1.   Administration expenses are “broadly defined to include expenses that are incurred after death in preserving, safeguarding, and operating the property of the estate, such as repairs, costs of maintenance and upkeep, interest attributable to a debt, and custodial fees.” La. C.C. art. 1415, 1997 revision comments.

2.   The court of appeal erred in failing to allow supplementation of the record.