Shreveport, LA asked in Estate Planning, Family Law, Civil Litigation and Probate for Louisiana

Q: How do I report a notary for not filing my father's will at the court house?

The notary was good friends with my father & aunt. My aunt, who was put in charge of everything until my brother and I turned of age, sold his house to the notary. When it should have been signed over to my brother. She only paid $5000 for the I house and land and put on paper it was sold for like a dollar so that way she wouldn't have to pay my brother anything really. My dad left my brother the property and material things and left me life insurance which I have never seen. I can't get the notary to show me the will or anything. I don't know where to start but figured maybe if I start with the notary everything else will come to light.

1 Lawyer Answer

Christie Tournet

Answered
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: Wills are not filed in the public record. And, a notary has no obligation to file a Will - anywhere. To the contrary, the Will should be provided to the Testator and it is up to the Testator to determine if he/she wishes to provide access/copies of the Will. Also, a notary/attorney may be willing to provide the Will to a beneficiary. Otherwise, any interested person can file to open succession and obtain an order to search for a Will. As a child, you are an interested person and could proceed this route and this would be the proper way to proceed. Counsel can also place a call to the attorney/notary that drafted, but a failure to provide the will may indicate that you are not a beneficiary under the Will. You should contact probate counsel local to you to assist in the process and to get a more precise recommendation for proceeding given your specific circumstances.

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