Legal Question in Wills and Trusts in Louisiana
4 people where named as the sole heris in a will.@ the time the will she only owend 1 home,she has passed away but she now owend 2 homes,but the will was never change.my steph-brother now wants me to have half of the first home only.My father and his mother lived togrther for more then 20 years.what are my options
2 Answers from Attorneys
The will says what it says and it should just state that so-and-so gets 1/2 of my estate, etc. It doesn't matter that the estate at the time of death is different than the estate at the time the will was drafted. The Court will divide the estate (whatever it is) according to the percentages stated in the will.
Now, there may be other things at play here, such as community property and usufructs. You need to sit down with an attorney to discuss your options and possibly file a claim against the estate.
Whatever your share is in the will applies to all property the person making the will has AT THE TIME OF THEIR DEATH, not at the TIME OF THE MAKING OF THE WILL. Mr. Lambert is correct.
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