Legal Question in Family Law in Louisiana

Re: Is it to late?

Dear LawGuru Friend,

Of course, you are entitled to something as a forced heir, but eighteen years later it might be hard to find the "money" you are referring to. If some of your father's wealth was tied up in real estate, you might be able to show that you still have an interest in that real estate that you have not lost over a the years. Also, since you are now nineteen, it may be too late for you to bring an action against whoever acted in such as way as to deprive you of what was rightfully yours when your father's estate was handled and/or disbursed and/or taken over by someone else following his death. Usually a minor has only one year from his eighteenth birthday to bring an action for what we lawyers call a "tort" (a wrongful act that hurts you in some way). There is also an action called-- I think I remember right--"unjust enrichment," whereby someone else becomes unjustly enriched at your expense; and, in such a case, the statute of limitations (prescriptive period) for bringing suit to recover that of which you have been unjustly deprived is ten years, instead of one; and that ten year period begins to run when you hit your eighteenth birthday. There is more to it all than this; and your situation certainly is worth looking in to, since you say your father left a large estate (money, you say). Keep digging into this until you are satified that either there is nothing you can do at this late time, or that there still is something there for you to have from your father's estate. If I can answer any further questions, contact me at [email protected] or [email protected].

Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Re: Is it to late?

I believe you may have a claim, but you should speak with an attorney personally. There are some details about the birth that need to be investigated.