Legal Question in Wills and Trusts in Louisiana
"What are my legal rights"
On my father's death bed his girlfriend had him to give her Power of
Attorney and change his Last will in Testament leaving her executor
to his estate. This woman told the the attorney that my father had no
childen, my brother and I have birth certificates with or parents name
on them. We learned of his death from the news paper obituary section
on the day of the funeral service and she had him cremated.
All of the above events occured in Louisiana. My father died on Oct 5th
and the Last Will and Testament was finalized on May 19th.
Legally what rights do we have? Being that we are the children of the
deceased and the rightful heirs to his estate, can we be disinherited? Do
we have a claim to anything which our father left? Any assistance with
this matter that you can provide, will be greatly appreciated.
Sincerely,
--name removed--
1 Answer from Attorneys
Re:
Unfortunately, there are more questions for you than answers at this point. You indicate that your father changed his will and made the girlfriend the "executor". Did he also name her as the sole legatee or beneficiary of his estate? What exactly does the will say--i.e., who gets what? Being named an executor does not automatically mean that that person gets everything or even anything. An executor (or executrix, for a female) is generally someone who is named to handle the administration of the estate--i.e., wrapping things up, selling property, if needed, and opening and closing the succession (through an attorney). I would need to see the actual will before I could tell you if you and your brother are "disinherited" or have been "written out of the will." How old are you and your brother--Louisiana's "forced heirship" laws have changed from what they used to be. Depending on what the will says (& whether or not that will is valid!!), you and your brother may have claims to some/all of your late father's estate. Has a succession been opened in the court in Louisiana? Does the executor/girlfriend have a lawyer (& do you know who that is)?
Your rights cannot even begin to be fully explored or covered until you can provide answers to these questions and get a copy of the actual will.... If a succession has already been filed, you could get a copy from the clerk of court as the will will need to be "probated" (i.e., filed in court and proven) before the succession can proceed. Good Luck...