Legal Question in Wills and Trusts in Louisiana
my mother passed in March 2012 in Louisiana. she left a will leaving me her house and 5 acres. she left my 3 siblings 5 acres each. her personal belongings were to be divided evenly by the four of us. my mother appointed the second to the oldest sister as the administreax of the will. my oldest sister is contesting the will because she said it is not fair. we (my sister(the administrix) and my brother and myself are all in agreement with the will our mother left. we even let my oldest sister get the things out of the house that she wanted which was a lengthy list. she now is saying we have alienated her from her mother's possesions and in fact there were 5 people present in the house when she took the items which included furniture, glassware, antique clock and mama's china and other items. she is now saying she did not get anything. can she legally tie this up. my mom did not have a lot she lived very simple and what is left is mostly items not of value. can she contest the will and refuse to sign over the vehicles which is a 1999 truck and a 1986 truck so that this can be over and my mama will rest in peace. I live out of state and would like to move into the house that my mom left me.
2 Answers from Attorneys
"Fairness" is not a valid basis for chellenging a will. Will contests are very expensive, and no attorney will take one on if there is not a valid basis for doing so.
If your sister/administrator has an attorney, contact the attorney and ask to be placed into possession of the house. This can be done even if the remaining estate issues have not been completed.
The administrtix will need to contact an attorney who hanldes succession litigation, and to take the steps necessary to provide for the validity of the will and to assist the administratrix in the transfer of property in accordance with the will
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