Legal Question in Wills and Trusts in Louisiana

Step mom wants to sell deseased father's home

My father left a signed dated piece of paper stating that all property was to be my step mother's when he died. We did not know of this until his death. Is there anything we can do to prevent the sale of this property? She is trying to sell everything and does not want us on the property.

Please give me some advise on where to go from here.


Asked on 6/27/04, 10:49 pm

1 Answer from Attorneys
Perry Staub Taggart Morton

Re: Step mom wants to sell deseased father's home

Louisiana does recognize a simple handwritten form of testament known as an olographic testament. To be valid, the testament must be wholly written in the deceased's handwriting and must be signed and dated on every page. Children under the age of 23 may be protected even from such a testament by Louisiana's forced heirship laws, which require that a certain portion of the decedent's estate be left to provide for the needs of the children. Also, even if valid in form, a testament may be attacked on the basis of undue influence or incompetency. If you belive that any of these circumstamnces exist, you should consult an attorney further.

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Answered on 6/28/04, 2:55 am


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