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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33710
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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The case is in Avoyelles Parish, Louisina. My late husbands

Customer Question

The case is in Avoyelles Parish, Louisina. My late husbands was terminally ill with stage 4 cancer when his will was finalized. At the time of signature, the will was read by a notary, he acknowledged each paragraph / section with "Yes" as she read. Following his death, there has been conflict in the family. His daughter (my step daughter) filed succession with no will. When I attempted to file the succession with the will, not knowing her actions, my lawyer pushed for probate. However, his will was denied probate and the estate is proceeding as originally filed, intestate. Yet now the daughter is pressing for the video of the will reading. Is the video of the will necessary if it is intestate? And is it best to turn it over to them, or to wait for a court order.
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has there been a formal ruling by the probate court that the written will he signed is invalid?

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Is there some reason you would not want her to have a copy of the video?

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thanks

Barrister

Customer: replied 10 months ago.
there has been a formal ruling. I have no problem with her having it, but it is actually another party that is calling everyone but me for it, saying that if he doesn't have it by a certain date that he will go to the judge. Which I have no problem with, either way. They are after control of the life insurance policy which he had switched from the childrens' names to mine at the time of finalizing the will. He wanted me to put it in trusts for them until they reach 25. The policy has already been paid out to me, and funds secured.
Expert:  Barrister replied 10 months ago.

Ok, then that matter is settled about the succession case proceeding as intestate...

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As for the video, that is entirely up to you... If you don't like the way they are demanding the video, you can tell them to go pound sand and force them to get a court order from the probate judge for you to turn it over.

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But from a legal perspective, you are correct, if the estate is proceeding as an intestate case, the video is a moot issue and is likely only being requested for curiosity's sake.

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However, if they are wanting to use it to somehow challenge his competency to change the beneficiary of the life insurance to come after that money, then you do have an incentive to force them to get a court order before you turn it over.

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If you were the named beneficiary, that money is yours and you can do with it what you want. So they may have a big incentive to gather evidence to try and claim he was incompetent when he changed his beneficiary so they can get their hands on that money by suing to have you turn it over..

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thanks

Barrister

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