Legal Question in Wills and Trusts in Louisiana
Defensive Wishes
My father died about 5 weeks ago. At the time, my step-mother said there wasn't a will. I know that he did have documents drawn up on several occasions. One time, he had one drawn up that paid her $35,000 if she quit her job and stayed home to help him. My husband had been told by my father what was in the will. My father had also retired after 33 years from Exxon several years ago. Now she is telling me she has gotten a lawyer and today she is telling me that there is a thing called defensive wishes. I have looked for this term and cannot find such a thing anywhere. Please help me. Also is there another way for me to try to locate a will? Would it have been filed with the court? Thank you.
1 Answer from Attorneys
Re: Defensive Wishes
The law requires that the will be filed for probate in the judicial district in which the deceased lived at the time of his death.
Not eveyone follows the law.
Check in the courthouse, and check with your father's lawyer who drew the will. Other than that, there is nothing you can reasonably do if someone has secreted or destroyed the will and you have no proof.
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