Q: can a deceased parent disinherit any of their children in louisiana for any reason my father died a week ago
Am I entitled to a copy of the will and do the children automatically inherit half of the community assets survived by my stepmother
A:
Generally, yes, a parent can disinherit a child for any reason unless the child is a "forced heir".
A "forced heir" is an child that is either (1) under the age of 24 at the time of your father's death; or (2) a child of any age who at the time of your father's death had a physical or mental medical condition severe enough that it might render that child incapable of caring for himself or herself in the future. This is vague language, but in Louisiana appellate courts have ruled that a person with bipolar disorder over the age of 24 was a forced heir.
You are not entitled to a copy of the will by law. However, you can request it from whoever you think might have it. You can also get a copy, once it has been presented for probate, from the Clerk of Court.
Often, I seen cases in which there is no will, but someonein the family asserts that there is one, and the supposed will never gets filed. The only way to find out for sure if to force the hand of the other side by petitioning the court to appoint you as Administrator. If there is a will, they will produce it pretty quick. But you would have to hire a lawyer to petition the court to appoint you as Administrator.
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.