Legal Question in Wills and Trusts in Louisiana
I have lived in ga. for ten years,i was just contacted about my father dying two years ago, and my stepmother dying the year previously. the will i knew of the last time i was in la. i was sole beneficiary. a new will has surfaced,dated just prior to my father's death. it includes a three-way split among my stepmother's two children and myself. however the atty representing my stepmother'schildren claims i am only entitled to one sixth of my father's estate.
i would like to know how la. law would determine the split and what are my rights and options.
1 Answer from Attorneys
First, you will need to review the wills and the circumstances surrounding the wills. You need to know if the wills are even valid first. The fact that you were not contacted when your father passed is puzzling. Second, if the wills are valid, then you need to decide what was your father's separate property and what was community. The attorney is assuming everything your father died possessed of was community property with your stepmother, which puts it in the possession of her children. If it belonged to your father as his separate property, it should be 100% yours.
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