Gretna, LA asked in Estate Planning and Probate for Louisiana

Q: cc 1521,et seq

My mother made a WILL in 1992, She passed in may 2019 after a long battle with Alzheimer's , we found out her husband changed her Will in 2016, Leaving most of her estate to her husband and his sister if he passed, leaving her daughter only her car. My mother would never leave her husbands sister her estate. She didn't even know her. This is in my moms changed WILL in 2016. I don't understand it. ( I specifically provide that if any legatee provided for herein does not survive me by a period of more than six months as provided by cc 1521,et seq,then all of my property shal devolve as if such heir or legatee had predeceased me), YES, It was signed in her name although its very different from her signature , as she was very Ill in 2016 so not sure how she signed, as in her WILL it states if her husband predeceases me ,i leave all listed to his sister, then the cc 1521 is under all of that. So I need to know what does that mean? Does it mean if the sister dies,or the husband or both?

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2 Lawyer Answers
Mr. James Zitzmann
Mr. James Zitzmann
Answered
  • Estate Planning Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Contesting the will is a different question, but CC 1521 simply means that someone named in the will has to be alive for at least 6 months after your mother's death to be eligible to receive the legacy left to them.

1 user found this answer helpful

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Nobody can change a will "for" another person. The testator/testatrix must sign a new will or codicil himself/herself. If the 2016 will is signed by your mother's husband, it is void.

If you meant to say that your mother's husband "induced" your mother to change her will, then you might be able to get the 2016 will set aside due to lack of capacity. This is called a will contest. You would need to present evidence that in 2016 when the new will was signed, your mother was suffering from Alzheimer's to the extent that she did not understand what she was doing.

1 user found this answer helpful

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