Grounds To Contest a Succession

Some people I talk to tell me they want to contest the way a Louisiana Succession is being handled. I always say, "Why?" Sometimes they say, "Because I don't like the way it is being handled." To that, I  say, "That might not be good enough."

I've stopped accepting new Contested Succession clients. But I've seen successions cause many disputes. Successions can be contested for any number of reasons. Here's a few:

1. A person did not have the capacity to understand what he was doing when he signed his Will (sometimes tough to prove).
2. A person was improperly infuenced by another to sign a Will (also sometimes tough to prove).
3. Someone disagrees with the executor's Detailed Descriptive List of assets.
4. There is ambiguity in the interpretation of a Will (sometimes a judge has to ultimately decided the intention of the testator).
5. There is disagreement about the community or separate status of assets.
6. Upon a surviving spouse's death, heirs of the first spouse demand a usufructuary accounting - most people don't understand what this is.
7. There is a dispute about personal effects - either their existence or their distribution.
8. An hier accuses an executor of mismanaging estate assets or improperly acting in his role as executor.
9. Someone wants the Will revoked because it did not meet the validity requirements of either a Louisiana notarial Will or a Louisiana olographic Will.

Feel free to comment if you are aware of more grounds to contest a succession. I've had a number of requests to "file suit" in a succession that I have not been able to accomodate. Here's just a few of my favorites:

1. "I want to sue the estate because the deceased told me he wanted me to have his house."
2. "I want to sue the estate because the deceased told me he wanted me to have his house - and there are witnesses who saw him say it that will testify."
3. "I want more of my dad's estate because I was the only child in town and I took care of him for the last five years."
4. "I want to sue my step mom because my dad left his estate to her."
5. "I want to sue my long lost brother - even though he is in the Will - because he did not communicate with my dad in the last ten years."
6. "I want to use this document that my mom typed on the computer even though it is not notarized."
7. "I want to sue somebody because it is not fair."

If you know more not so legitimate reasons to question a Louisiana succession (or any state's probate), feel free to comment. Until next time..

Paul Rabalais

Comments

[BISHOP FRANK LOTT JOHNSON]

WELL THE PORPORTED WILL WAS ALLEGELY SIGNED 7 DAYS BEFORE THE DECEASE DEATH AND THAT THE PORPORTED WILL DOES NOT MEET THE LOUISIANA GUIDELINES FOR ITS PREPARARTION THAT WAS DONE BY THE NOTARY ALSO I HAVE AFERENSIC REPORT THAT SHOWS THESE ALLEGATIONS ,THE WILL HAS THE WRONG ADDRRESS ,SEX AND SIGNED IN TWO DIFFERENT PLACES BY THE PORPORTED TESTATOR ,IF A PERSON IS IN HOSPICE CARE AND DIED OF TOTAL FOR BEING TOTALLY 100 PERCENT ALZHEIMERS WHAT IS THE ISSUE HERE IF I HAVE MISPELLED ANY WORDS IM LEGALLY BLIND ALSO PLEASE SEE THAT THE NOTARY DID NOT PUT THE CLAUSE IN THE WILL THAT IS REQUIRED BY LOUISIANA LAW AND THAT THE WILL IF I AM CORRECT SUPPOSE TO HAVE A CLAUSE WHEN A PERSON IS NOT ABLE TO SIGN HIS NAME OR INCAPACITATED TO DO BOTH

[SUING FOR EMOTIONAL DISTRESS]

In order to challenge a will, the opponent must have standing and must establish grounds for the challenge. If successfully contested, a will may be rejected by a probate court. If a person's last will and testament is declared invalid, the decedent's estate will pass according to the laws of intestate succession, and all property will be distributed as if the decedent had left no will.

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