Legal Question in Wills and Trusts in Louisiana

My mother has a will from her stepfather leaving everything he owned to her. She lives in Virginia and he lived in Louisiana (that is where all of the willed items are). He passed away about a week ago. One of his family members has gone to his house and taken all of his belongings (car & personal items). She has applied for a death certificate and it will take 6-8 weeks to get. What is her legal standpoint? She does not have a lot of money and does not want to take a trip 24 hours away without having all of her ducks in a row. He also has bank accounts ( I am assuming she will need death certificate) to access this. As far as her legal rights at this time - how should she handle the relative that has taken everything that was left to her? Please help!!!

Carrie


Asked on 4/22/10, 6:48 am

2 Answers from Attorneys
James Maguire James G. Maguire, Attorney At Law

Is your mother named as executor in the will? If so, she needs to have the will probated and herself appointed as executor. That would give her the authority to deal with the succession assets, including those which have been removed from her stepfamther's home.

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Answered on 4/27/10, 7:44 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Even if not named executrix of the will, she should probate the will and ask to be named executrix. Then she, though her attorney, can deal with the theft of succession property. With all that said, I am assuming the will is legit under Louisiana law.

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Answered on 4/27/10, 4:07 pm


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