Legal Question in Wills and Trusts in Louisiana
This was sent to you on Sept 2, 2o12. Please see below the updated information I have received.
my mother passed in March 2012 in Louisiana. she left a will leaving me her house and 5 acres. she left my 3 siblings 5 acres each. her personal belongings were to be divided evenly by the four of us. my mother appointed the second to the oldest sister as the administreax of the will. my oldest sister is contesting the will because she said it is not fair. we (my sister(the administrix) and my brother and myself are all in agreement with the will our mother left. we even let my oldest sister get the things out of the house that she wanted which was a lengthy list. she now is saying we have alienated her from her mother's possesions and in fact there were 5 people present in the house when she took the items which included furniture, glassware, antique clock and mama's china and other items. she is now saying she did not get anything. can she legally tie this up. my mom did not have a lot she lived very simple and what is left is mostly items not of value. can she contest the will and refuse to sign over the vehicles which is a 1999 truck and a 1986 truck so that this can be over and my mama will rest in peace. I live out of state and would like to move into the house that my mom left me.
Update: I was sick at home just got back from ED with my current health problems. Heart attack 2010 March 2, had 3 stents inserted, then that night had another attack and was sent to another hospital next day and another stent was inserted. I have aggressive arthritis and a spur stuck in my spine at the base of my neck and is is constant pain. today of all days i get a certified letter from my one sister who is accusing my siblings and myself of stealing, destroying or selling my mama's propertery. they were to go to court of sept 6, which was cancelled and I never received any notification to that date. on aug 31st it was cancelled and today i received a letter from my sister who is not happy with mama's will and now they are saying i need to attend this court date. One, my health is not good, two, i do not have money to pay to get there. I dont even own a vehicle and i amd medically retiring jan 4 so that i can get the money to survive on when i move home. can they force me to go to louisiana as I have not took one thing from my mama's house much less destroyed it. By the way, I never received a summons regarding the first court date which was sept 6th and it was cancelled. I had to take of work today becasue of the stress of this as I am not an argumentative person. the day after my mama died I collasped at my brother's house and the emt wanted me to got to hosptial for cardiac arrest but i refused because that was my mothers viewing that night. My sister (the one causing all this problem) has told lie after lie and then go set up in a church pew which is not the christian thing to do. My sister, the administrix, my brother and myself does not have any say in what mama wanted done in her last will and testment. My question is what do I do, I cannnot go down there to court on that day as I dont have the money or the time. My emeployer is letting me work the days I can so that I can retire in Jan. Then i plan to move home after the drs release me to one in louisiana. Is the lawyer representing my sister (the administrix)does that include me a my brother as well. Like I said mama has very little and making a big deal out of this is stupid and mama and daddy have rolled over in their grave 50 times i know. They were well respected people in the community and an embarassment to our family name. Also my sister did not tell her attorney that she had already went into mama house and she got the first pick of all the items which was more that evenly devided as mama requested in her will. Do I write the judge and tell him I am unable and cannot make this trip. I await an answer to all these questions if you can make head or tails of this. I live 1500 miles away and cant just grab a cab to get there and I get sick when I fly. Moving is going to be tough but my sons are taking care of that when the time comes. thank you in adavance for your help
Cost: Free
United States | Louisiana | 15033 | Probate, Trusts, Wills & Estates
1 Answer from Attorneys
If you want what your mother left you, you better get her here or hire an attorney to represent you. Without an attorney to argue your health restricts your traveling, The lawyer for you sister actually represents the succession and is bound to try and carry out what the will intended. He does not represent you or any of your siblings. He represents the succession through the administratrix. I do not see why this succession needs to be administered. But that is what your mother wanted. You said you are moving the the home that was given to you. You need to protect yourself. I do not know what area of the state the property is located in, but if you wish I could help you find a competent attorney.
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