Writ application granted. See per curiam.
03/06/24
SUPREME COURT OF LOUISIANA
No. 2024-CC-00249
IN RE: SUCCESION OF BETTY RUTH SHADRICK HEDIN
On Supervisory Writ to the Twenty-Second Judicial District Court, Parish of St. Tammany
PER CURIAM
The 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. art. 3112.
I agree with the Courts ruling vacating the district courts ruling and remanding the matter for a contradictory hearing, pursuant to La. C.C.P. art. 3111, regarding whether the appointment of a provisional administrator is warranted under the circumstances of this case. However, I write separately to highlight that the district courts great discretion will allow it to examine all possible individuals who may serve as provisional administrator, whether it be Raymond E. Hedin (decedents husband), Mark A Storch (decedents son), or an independent third party. Given the contentious nature of the facts and circumstances as presently alleged, in my view, a contradictory hearing followed by a reasoned decision is paramount.
Weimer, C.J., additionally concurs for reasons assigned by Crichton, J.
Crichton, J., additionally concurs and assigns reasons.