Legal Question in Wills and Trusts in Louisiana

I live in Louisiana. My father passed over three years ago and was legally blind for the last 8 years of his life. His wife was left executrix of his will. She has been remiss in her duties and I have two questions. First in the will my father states he wants all of his final expenses paid from the proceeds of his life insurance. (She claims he left the life insurance to her but we have not seen proof). She insists the children are to pay the attorney fees according to the accounting but the accounting shows nothing she inherited.

My second question is this. My father left an IRA to his children. His wife found a beneficiary form dated 1998 leaving her an IRA but the form does not identify or have an account number on it at all. It does not have a specific reference. My father's will was dated 2000. My father's wife has taken possession of this IRA because the succession attorney states the beneficiary form overrides the will. Again, since my father was blind and his wife had power of attorney she was very busy the last week of his life she could have changed anything. As a matter of fact she and the succession attorney tried to enforce an unsigned will at my father's death stating it was his intention. I believe if it was his intention to change the will he would have told at least one of us.

If I am the only one of six who wants the will executed as written and refuse to sign anything to close the estate can the succession be closed without my agreement? My father's wife is getting remarried and will now be in a hurry to get this business finished. What should I do?


Asked on 10/26/11, 8:29 am

2 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

You need an attorney to review everything. Wills executed by the blind have very specific guidelines. Also she can be removed as executor if she has failed in her duties. You must act quickly if you want to prevent her from disposing of anymore property.

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Answered on 10/27/11, 6:33 am


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