Asked in Family Law, Real Estate Law and Probate for Louisiana

Q: My father had a will leaving me(hisonlyson) his property. Just before he died he changed it to 75% to his girlfriend.

So now me & my two kids get to split 25%.

Is there a louisiana law to contest this?

He also have a stroke before changing

It.

1 Lawyer Answer
Christie Tournet
Christie Tournet
Answered
  • Probate Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: There are a few variables here - first is the will even valid? Only two forms of wills are permissible under Louisiana law and the form must be strictly followed. If the will was invalid and he was not married, an intestate (without a will) succession could result in the property going to you, the only descendant, by operation of law. If the will is valid, there are still ways to contest, but it is difficult. Generally, a notarial will is self-proving but can still be overcome, if you can establish -- by clear and convincing evidence -- that your dad either lacked capacity or was under some type of undue influence. Counsel experienced in this specific area of law can help guide you in determining if any of these variables are at play in your case.

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