My dad just died and left a will that only his current wife knew about and it left everything to her,they were married only four years and did not tell us . We found out a month later then he got sick and went into a veterans home he was there two and a half years and I was with him everyday and she came a couple times a month and sometimes none. All of their income was his so everything was paid with his money .all we want is what belonged to him and our mother . At his death he was 84 and she48 also they married 7months after our mothers death.
You need to consult with a Louisiana Estate Attorney.
You can contest the validity of a will in Louisiana. A Louisiana Estate Attorney will be able to review the will to determine if it is legal as to form, as Louisiana has certain requirements that must be met for wills.
If it is found to be valid as to form, then you could raise issues to contest the will which basis can be that the will was obtained by fraud or undue influence or that the testator was incompetent to write a will.
It is imperative that you seek the services of a Louisiana estate attorney to review the matter with you.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. In no way does this create an attorney-client relationship.
If a person dies WITHOUT a will, a state formula is used to try to distribute the property fairly. But where there IS a will, the question is not one of fairness, but, rather, whether the will is genuine and valid.
By "genuine," I mean that it was truly his will -- in other words, that it was not forged. By "valid," I mean that he had testamentary capacity and that the will was not the product of undue influence, fraud, or duress.
The large age difference between them would not, by itself, suggest any infirmity of the will. [Indeed, it might raise questions about her competency, but not his].
A person is free to disinherit anybody (except his or her spouse).
I am a NY attorney and cannot advise you as to your state's laws. Indeed, Louisiana is the only state in the United States that has laws that are not derived from British common law; rather, the Napoleonic Code is the basis for much of the laws of your state. Thus, it would be prudent for you to consult with a local attorney. In doing so, make sure you bring a copy of the will.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
Both attorney offer sound advice. But here is the deal-Your dad entered into a second marriage and did not enter into a prenuptial agreement. From that moment on, he left his family out of the picture. He chose at that moment not to consider his family. He really did you no favors.
To overturn the will you are going to have to have evidence and prove that it was entered into via duress, overreaching or fraud. This is always hard to do and these cases are hard to win.
To be sure you must sit down with an estate litigation attorney to asses this case and your liklihood of success.
Hope this helps.
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You have provided no facts to support invalidating his will. Normally a will can only be invalidated for fraud or duress. It is very difficult to invalidate a will.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.
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