Legal Question in Wills and Trusts in Louisiana

Re: Wills

The succession would need to be evaluated. Obvioulsy, the will was not probated. You need the advice of an attorney in the parish where the succession was done.

Re: Wills

Dear LawGuru Friend,

I assume your grandmother that you refer to as having left a will was your father's mother. If he was living at the time she died, and if she did not leave you anything in her will, then perhaps the executor was right in what he/she did. Now, if you and your siblings were named in the will of your grandmother as legatees, then it seems as if you and your siblings should have received something out of her estate; that is, if there was anything left to be distributed after all of the estate's bills and expenses were paid. Of course, your father is an heir to your grandmother, and it makes sense that he should have received something from her estate. Also, there is nothing wrong with the executor's being the "agent" for your father under a power of attorney. Of course, your father would have had to have signed such a power of attorney to make him the agent for your father. Of course, for me to fully understand what has gone on, I would need to look at a copy of the will, and perhaps at some of the succession pleadings. You may feel free to FAX me such copies to (337) 447-2143, and I will read them and get back with you. If you do so, please include your e-mail address and/or phone number. In conclusion, I would say that in Louisiana grandchildren do not inherit from their paternal grandmother where their father is still alive. For the grandchildren to inherit from their grandmother in such a case, the grandmother would have had to have named them as legattes in her will. There is more to it than this, but this is something to think about. Hope this helps you understand the situation a little better. Feel free to contact me to discuss this situation further. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA