2024-CC-00249 Precedential Set aside Processed

In Re: Succession Of Betty Shadrick Hedin

Louisiana Supreme Court · Filed March 6, 2024

Authorities cited

Identified automatically; this list may not be exhaustive.

  • 367 So. 3d 800 not in our corpus

Opinion text

Supreme Court of Louisiana
March 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: SUCCESSION OF BETTY
SHADRICK HEDIN No. 2024-CC-00249
_ _
_ _ _ _
I
N RE: Raymond D. Hedin - Applicant Other; Applying For Supervisory Writ,
Parish of St. Tammany, 22nd Judicial District Court Number(s) 2023-31127, Court
of Appeal, First Circuit, Number(s) 2024 CW 0044;
_ _ _ _ _ _
March 06, 2024
Writ application granted. See per curiam.
Weimer, C.J., additionally concurs for reasons assigned by Crichton, J.
Crichton, J., additionally concurs and assigns reasons.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
03/06/2024 "See News Release 011 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No.
2024-CC-00249
I
N RE: SUCCESION OF BETTY RUTH SHADRICK HEDIN
O
n Supervisory Writ to the Twenty-Second Judicial District Court,
Parish of St. Tammany
P
ER CURIAM
Th
e writ is granted and made peremptory. Because the district court failed to
conduct a contradictory hearing, order the taking of an inventory of the property of
the succession, or require the posting of security as required by law, the judgment of
the district court appointing a provisional administrator is vacated and set aside. See
La. Code Civ. P. art. 3112, 3113. The case is remanded to the district court to make
a determination, after a contradictory hearing, as to whether the appointment of a
provisional administrator is warranted under La. Code Civ. P. art. 3111. See
Succession of Smith, 22-565 (La. App. 5 Cir. 5/24/23), 367 So. 3d 800, 805 (the trial
court has discretion in determining whether a provisional administrator is necessary
to “preserve, safeguard, and operate the property of the succession.”). If the court
finds such an appointment is indeed warranted, it shall comply with all other
requirements of law, including ordering the posting of security under La. Code Civ.
P
. a
rt. 3112.
03/06/24