Legal Question in Wills and Trusts in Louisiana

My father died in Louisiana a year ago. His spouse(stepmom)survived him, but is close to dying. My father's will left his estate to his spouse. She currently does not have a will, is not competent and another individual has Power of Attorney over her financial affairs AND the original will of my father(I have a copy).

When she dies, do my sisters and I have any legal authority to take over the estate at that point? Or, does the wielder of Power of Attorney have any liability after her death?


Asked on 3/14/13, 6:30 am

2 Answers from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Neither. First, as to your father's estate, if his will left everything to her, she owns everything in his estate. He cut you out of his estate. She owns it all. As to the power of attorney, it dies when the principal dies. Still, if she dies without a will, her children inherit her entire estate. If the facts are as you described them, you are out in the cold with nothing.

That being said, are you certain that his will left everything to her, or does she just have USUFRUCT over his community property? There is a huge difference. My advice is to get a copy of your father's will and have an attorney look at it ASAP.

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Answered on 3/14/13, 6:35 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

I agree with Mr. Lambert concerning your father's estate initially as long as all children are over 23 years of age and none are mentally challenged. Whether your father left everything to his wife does not eliminate the need for the opening of his succession......ie the Probate of his will. That will decide who has what interest in his property.

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Answered on 3/15/13, 4:05 pm


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