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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36997
Experience:  Texas lawyer for 30 years in Estate law
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My mother recently passed from Alzheimers. A few years before

Customer Question

My mother recently passed from Alzheimers. A few years before her death and her transition into a home my brother set up a trust at my concurrence because of her mental state. My mother changed her will just prior to the time that My brother and I completed the interdiction and my brother became the curator and I was the undercurator (Loiusiana law), which gave my younger brother full control of her and her assets. Because I was the one who dealt with the initial battle with my mom in trying to get her committed to a facility, she took her anger out by having a will that excluded me. I believe the will was done prior to her being officially interdicted. Once the interdiction took place, can the will be negated by the curator, and my mothers assets be distributed differently?
Submitted: 7 months ago.
Category: Estate Law
Expert:  RayAnswers replied 7 months ago.
Hi and welcome to JA. Ray here to help you today. You will need your own lawyer here to file a will/trust contest.It is very possible that there was a lack of capacity here and possibly undue influence.The curator if the will/trust is admitted is duty bound to follow it. If you and your brother can agree here you can file a family settlement agreement drafted by your lawyer.But it is critical here that you have your own lawyer to protect and challenge if it cannot be settled with brother. You have options here but they are going to be through the courts here in the parish where she deceased.
Expert:  RayAnswers replied 7 months ago.
Successions can be contested for any number of reasons. Here's a few:A person did not have the capacity to understand what he was doing when he signed his Will (sometimes tough to prove).A person was improperly infuenced by another to sign a Will (also sometimes tough to prove).Someone disagrees with the executor's Detailed Descriptive List of assets.There is ambiguity in the interpretation of a Will (sometimes a judge has to ultimately decided the intention of the testator).There is disagreement about the community or separate status of assets.Upon a surviving spouse's death, heirs of the first spouse demand a usufructuary accounting - most people don't understand what this is.There is a dispute about personal effects - either their existence or their distribution.An hier accuses an executor of mismanaging estate assets or improperly acting in his role as executor.Someone wants the Will revoked because it did not meet the validity requirements of either a Louisiana notarial Will or a Louisiana olographic Will.
Expert:  RayAnswers replied 7 months ago.
The time period to contest a will here in Louisiana begins when the will is filed for probate.In Louisiana you must contest the will within six months. Grounds to contest the will include: invalid will formation, undue influence, fraud, lack of mental capacity and anything else which can affect the validity of the will. Pursuant to CCP 2851 and 2852, any person having an interest in a will may open the succession proceeding by filing a petition and submitting proof of death and a copy of the will to the parish court where the deceased last resided. The court will not admit a will to probate unless the petition is filed within five years after the judicial opening of the succession. Anyone objecting to the will may file an opposition to the petition within the six month period.. In that case, the court sets a date for a "contradictory trial," where supporters of the will must prove it is genuine and complies with state law.The objecting party may argue grounds such as invalid will formation, undue influence, fraud, lack of mental capacity and anything else which can affect the validity of the will.So it is critical for the party wanting to challenge here to do so within the six month period required under Louisiana law. I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again. Code for reference. http://www.legis.state.la.us/lss/lss.asp?folder=68
Expert:  RayAnswers replied 7 months ago.
I am not yet set up for calls Be happy to do unlimited chat.Will send you the offer. Lawyer referralhttp://lawyers.findlaw.com/lawyer/practicestate/probate-estate-administration/louisiana
Customer: replied 7 months ago.
I selected the option for a voice phone call.
Expert:  RayAnswers replied 7 months ago.
I know I am not yet set up for that.I will be happy to chat with you as long as you want online.The best I can do here.-
Expert:  RayAnswers replied 7 months ago.
I will answer any questions you may have ask away.

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