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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 113505
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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In this situation Richsrd Garots is an only child. His

Customer Question

In this situation Richsrd Garots is an only child. His mother Mary named her niece executer. But the niece also wrote the will and trust. And Mary never read it. Is it true that only the executer can get the short slip?
Submitted: 3 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
IF Mary signed the will and trust agreeing to it, then it would generally be presumed to be valid, even though Mary's niece wrote the will and trust. Richard would have to seek to file in court to invalidate the will and trust based on self dealing and undue influence if the niece wrote the will and trust for her benefit and not Richard's benefit who was the legal heir.
He needs a local probate attorney to represent him if the niece/executor is not providing him the proper share of his inheritance.
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