Legal Question in Wills and Trusts in Louisiana
I have a will from my mother stating everything goes to me and my son. My brother had her do another will a few years later after she was diagnosed with altheimers. I was sent a copy of an unsigned will through that attorneys office but have never seen the new will including any signatures. Which one would be legal and how do I obtain a copy of that will? Is the attorneys office that made the new one obligated to give me a copy with the signature? The new one that is unsigned that I have a copy of states I get all of her jewelry. My brother is supposively executor and stated to me he is not going to give me her jewelry because he want's more money from the life insurance policy. How can I force him to hand over the jewelry that was left to me?
3 Answers from Attorneys
If she is deceased, You can petition for a search for a will. you must file a succession. Any interested party can file the succession. The Court will appoint an administrator who will take the executor's place. A new will could not be executed by anyone but the person and the person must be of sound mind. Depending on her condition as described by a doctor, she may not have been capable of changing her will. This can be decided by the court through the succession.
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