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Louisiana Attorneys Awarded Attorneys’ Fees in Estate Mismanagement Dispute Claim

Louisiana attorneys Michele M. Echols and Ally C. Byrd recently obtained a trial victory in Jefferson Davis Parish following a contentious dispute of the mismanagement of estate funds totaling more than $116,140.00. The litigation arose from a complex dispute between co-executors of an estate involving management issues of an estate with numerous parties.

In this complex estate matter involving numerous parties, the plaintiff, a co-executrix and legatee of the filed Estates, was joined by four additional plaintiffs, also named legatees. The five plaintiffs filed a single Motion to Remove the other named co-executrix, who was also the named defendant in this matter. As a result of the alleged mismanagement, plaintiff retained Litchfield Cavo LLP Louisiana attorneys Michele Echols, a Board Certified Tax Law Specialist Certified by the Louisiana Board of Legal Specialization and Succession and Estate Planning attorney, and Allyson Byrd to file suit.

Ally Byrd successfully tried the case in the 31st Judicial District Court of Louisiana, and after a review of the evidence, the Court determined the entirety of the disputed funds from the Estates’ bank accounts were improperly spent by the defendant/co-executrix over the course of several years. Additionally, Michele and Ally successfully obtained over $40,000.00 in attorneys’ fees for their clients by winning a novel argument under Louisiana Code of Civil Procedure 863.

Michele is a Board Certified Tax Law Specialist, certified by the Louisiana Board of Legal Specialization. She focuses her legal practice on counseling businesses and individuals on tax planning strategies, estate planning, successions, business transactions and litigation, as well as taxation for non-profits and federal, state and local government.

Ally is a trial litigator that focuses her practice in the areas of general litigation, workers’ compensation, and premises liability defense. She is a regular presenter to third-party administrators, employers, and carriers on topics related to workers’ compensation and premises liability law.