Legal Question in Wills and Trusts in Louisiana

Re: handwritten letter is this legal?

Your issue raises multiple questions. I will do my best to give you some general answers, but I recommend your mother and uncle seek the advice of an attorney to determine the full extent of their rights.

Insurance policies are not subject to probate, and will go to the named beneficiary. This means your grandmother's husband will get the insurance policy proceeds.

The rest of your grandmother's property will be distributed according to her will, if she left one, or if not, according to Louisiana's laws of intestacy. The handwritten letters may constitute a valid will if they were completely handwritten, dated, and signed by your grandmother. In order for those letters to have legal effect, you need to open a succession proceeding and have them probated.

If the letters do not constitute a valid will, then your grandmother's estate will be distributed according to the laws of intestacy. Your mother and uncle may be entitled to some assets under these laws, but again, they will need to open a succession to establish their rights to their inheritance.

Hope this helps you out. Note that this is general information and does not constitute legal advice tailored to your situation. For more information and advice as your problem, consult an attorney.

Re: handwritten letter is this legal?

If the handwritten letter has certain features it may be an olographic will. If it meets those requirements, then it has all of the force and effect of any other will. If it does not meeet the reqirements of an olographic will, then it has no legal effect.

Even if it has no effect, the children have very definite inheritence rights (possibly more than the "wills" give). While there are differences regarding property acquired during her marriage and that acquired before the marriage, her children are her principal heirs if there is no will.

They need to contact an attorney to protect their rights.