## Facts

- Edna Kuntz Miller died owning a large New Orleans home and its contents; her seven children and four grandchildren became co-owners of an undivided one-half interest in the home and the movables inside.
- Martin Miller, a son, served as executor and was responsible for preserving and selling succession property.
- Martin was concerned that multiple co-owners accessing the home could lead to loss or damage to movables and expose him to personal liability.
- Martin proposed either (1) supervised access at reasonable times for legitimate purposes or (2) unrestricted access if the co-owners released him from personal liability.
- The co-owners did not agree to either arrangement.
- Martin filed a motion for the court to set reasonable use and management rules, including control over access.
- Val Miller, another son and co-owner, opposed the request and asserted he was entitled to unlimited access and could remove movable items without permission.

## Issues

1. Whether a court may authorize a succession executor who is also a co-owner to restrict and supervise other co-owners’ access to succession property to protect estate assets and the rights of all co-owners.
2. Whether a co-owner’s asserted right to unlimited access and removal of movables must yield to reasonable management measures necessary for orderly succession administration.

## Decision

- The court of appeal affirmed the trial court’s order.
- The executor could control and reasonably restrict co-owners’ access to the home and its contents under court supervision.
- A co-owner’s rights of use and enjoyment were not absolute and could be regulated to prevent prejudice to other co-owners and to preserve succession property.
- The trial court did not abuse its discretion in centralizing access control in the executor to avoid unmonitored removal or damage to movables.

## Legal Principles

- A co-owner may use property held in indivision, but only in a manner consistent with the property’s destination and not prejudicial to the rights of other co-owners.
- In a succession, the executor has duties to preserve estate assets and may seek judicial orders to manage and protect property during administration.
- Courts supervising succession administration may impose reasonable conditions on access and use of co-owned succession property to protect the estate and co-owners collectively.
- Reasonable judicial regulation of co-owner access is permissible when necessary to prevent impairment of succession assets and to support proper administration.

## Conclusion

The court upheld a succession court order allowing the executor to supervise and restrict co-owners’ access to a co-owned home and its movables, holding that co-ownership rights are subject to reasonable regulation to protect estate property and other co-owners’ interests during succession administration.


Succession of Miller, 674 So. 2d 441 (La. Ct. App. 4th Cir. 1996)