Shreveport, LA asked in Estate Planning and Probate for Louisiana

Q: We are sure that my son's great grandmother had a will, but her son is withholding it in order to keep it. What can do?

Her son is saying there is no will, and that she wouldn't have wanted my son or his dad to have anything. We know this to be untrue, but we don't her attorney's name. He refuses to produce a will. He only expresses his opinion of why nobody should get anything. Doesn't her attorney have a legal obligation to notify whoever is in the will, within 90 days or so? We really don't know where to turn, but we're sure her son is trying to get things changed without our knowledge.

Related Topics:
1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Covington, LA
  • Licensed in Louisiana

A: Her attorney can't notify anyone of a legacy, if the attorney doesn't know she's dead.

Call her friends and find out if any of them know her lawyer's name.

If your child's father is dead, incompetent, in prison, or hospitalized, then you can hire an estate planning attorney to open a succession and get whatever share to which your son is entitled.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.