Succession of Cucchero
Succession of Cucchero
Opinion of the Court
Janet Cucchero Wingerter, Antoinette Cucchero O’Neil, Kathleen Cucchero Savorg-nan, and Carmela Cucchero Brehm filed a “motion to revoke appointment of dative testamentary executrix” in the succession of their father, Frank Cucchero, Jr. They alleged that their sister, Rosemary Cucchero, had mismanaged the estate: incurring unnecessary legal expenses; failing to file an annual account; erroneously alleging assets, which caused the estate to incur additional unnecessary attorney’s fees; using her position as dative testamentary executrix to harass the petitioners, while not requiring another heir to account for an obligation owed to the succession; and by failing to clear up a title problem, thereby causing the estate to incur additional costs. The district court judge granted the movants’ request to have Rosemary Cucchero removed as executrix of the estate. We vacate that order on the basis of a procedural legal error. The matter is remanded to the district court.
The hearing on the motion to revoke the appointment of dative testamentary executrix was limited by the court to movants’ claim
Antoinette Cucchero O’Neil testified that Ms. Cucchero harassed her by demanding that various checks drawn on .the | gdecedent’s account by the movants be given back to the estate. It was claimed that the utilization of legal counsel to send harassing letters constituted mismanagement: the letters unnecessarily caused a depletion of the funds of the estate. The court, however, declined to render a finding of mismanagement pursuant to these latter assertions.
Of concern is the district court’s refusal to receive testimony from appellant beyond a refutation of the evidence of the above noted verbal statements to the two sisters. The district court judge also refused testimony regarding appellant’s justification of her demand for an accounting by appellant’s sisters of any of their disbursements of succession funds. A credibility determination was made by the court in favor of movants’ testimony that Rosemary Cucchero indicated that she would rather bleed the succession dry than see Antoinette get any money. On this basis, the trial court ruled that the record supports that there “should be a third party representative of this succession.” Ms. Rosemary Cucchero was removed as executrix of the succession.
LAW
We find that the district court committed legal error in its refusal to entertain testimony by the parties on all the issues raised in the movants’ pleading. Removal of a succession representative for mismanagement of the estate is invoked pursuant to La.C.C.P. art. 3182. Article 3182 necessitates a rule to show cause. A contradictory hearing is required. See La.C.C.P. art. 963. Testimony is integral to such a hearing.
Counsel for Rosemary Cucchero indicated to the court that there were other witnesses and evidence to be presented. Despite an objection to the limitation of evidence, the court restricted appellant’s presentation to a response to the evidence presented |4by the two witnesses who testified on behalf of mov-ants
JUDGMENT VACATED AND CASE REMANDED.
. Movants also objected to the court ordered limitation of evidence to support their allegations.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.