Legal Question in Wills and Trusts in Louisiana
My father died over a year ago leaving his wife as executrix and my sister if his wife was unwilling or unable to do so. His wife has taken everything but the stock he left to us. He left us one IRA which had her listed as beneficiary in 1992 however the will was signed in 2000. Is the attorney liable for malpractice for failing to reveal this to our father.
There was another IRA left to my father's wife and his six children. The attorney and my father's wife refuse to show us when the account was closed and how much was there. They simply state the account did not exist at the time of death. My father's wife also tried to change the will while he was in ICU and we believe she misused the power of attorney. She also did not report my father's death to the account holders she reported it to the broker but the broker states it is not his responsibility to report the death. As a result, my father left his children stock and his wife continued to receive dividend checks for three quarters until I faxed a copy of the will and the death certificate to them.
My daddy's wife has taken everything he left us except for the stock although I was told by the company holding the stock they were requesting a judgement of possession. I asked why and they stated there was a request for liquidation of the stock. They would not give me any information because my father's wife is executrix.
She has caused a huge rift in a very close family and it has me heartbroken. There is so much more to this case but it makes me sick to see her walk away with all of my mother's (predeceased my father by 20 years) and father's lifes work and sacrafices.
My father was legally blind in 2003 but had macrodegeneration when he signed the will in 2000. I had a conversation with the attorney early on and told him I knew my father did not like dealing with such matters and told him I bet my father signed the will without reading (due to the difficulty with his sight) The attorney confirmed he did not read it. At the same time my father gave his wife full power of attorney and she has used it to take money from him for years.
Have we any recourse?
1 Answer from Attorneys
Dear LawGuru Friend,
If you suspect that she is not managing the
estate as a "prudent administrator", then you
have the right to rule her into court to show cause
why she should not be removed as administratrix/
executrix. I suggest you get on line and go to
the Louisiana Legislature website, click on "laws",
then click on Louisiana Code of Civil Procedure and
go to "administration of successions" and read and
become an "expert" on such matters. In the meantime,
if you will e-mail me your telephone number, I will
do my best to find the time and remember to call
you and discuss this matter with you personally.
We are not supposed to post our phone numbers
here. In the meantime, if you will e-mail me copies
of any of the succession papers filed in court, this
will shed valuable light on the matter so that I might
answer you better. My e-mail address is
Looking forward to hearing from you, I am
Sincerely,
Hardy Parkerson, J.D.
Retired Lawyer (after 41 years)
President, Southern Christian University
Acting Dean, College of Law
Lake Charles, LA
"The World Is Our Campus!"
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