Baton Rouge, LA asked in Probate for Louisiana

Q: Can a will be executed BEFORE the death of the person who initiated the will?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: A will MUST be executed during lifetime. It is not possible for a person to create and sign a will after he or she dies.

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

A: I'm not sure of the exact question. Often, attorneys use the word "execute" to mean to put a legal document into effect. One, drafts/puts a Will into effect by signing/executing it. A Will must be put in place by the Testator before the Testator passes, or loses mental capacity. However, a court only gives legal effect to the will/or probates the Will upon someone passing. To open succession, we must provide the court with a death certificate and copy of a valid Will, if any. Hope this helps clarify your issue.

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