Legal Question in Wills and Trusts in Louisiana

My step father and mother owned less than an acre of land in Louisiana ( they were also residents of La.) They made simple wills thru a notary. My step-dad left his half of everything including the land to my mom, my mom made a will and left everything to me about a year after step-dads death. Mom has since passed. NOW we find out, the "online simple will forms" didn't include that special section that La. requires stating that the witnesses also attest that the will was the last testemant of the deceased. The wills each were three pages long, ( both step dads and mothers) they each initialled every page as required, and they were signed in front of 3 witnesses and a notary... I am being told because the "extra" statement by witnesses wasn't included, that the wills won't hold up in court. The only thing in the "estate" is the land, valued at about $8,000. Can I do the small succession? or the affidavit version? Basically, if the wills are invalid, then they left no wills. I have been named as the sole heir in my mom's will ( she passed last), as in none of my step-dads kids nor my siblings want the land. We're all in our 30's and 40', so no minors involved.

Asked on 1/06/18, 11:20 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

You can do it by affidavit (small succession), but your problem is that you aren't an heir at all to your step-father's estate. His separate property (including his 50% of the community property owned with your mom) goes to his kids if the will is invalid.

What I would suggest is to get all of his kids to grant you quitclaim deeds. And, don't do it by a form you get online. You already see how those don't work in Louisiana! Call an attorney to do it!

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Answered on 1/11/18, 9:45 am

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