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Napoleonic code inheritance Louisiana
My parents both recently passed away and my brother was the executor for their
will, I recently learned my father sold his and my mothers house to my brother for $1.00, and at the time my Mother had alzheimers when they sold the house and changed the will. Can I contest the house and at least get my mothers 50%. All the cash they had is probably gone. My Mother, God rest her sole would have never sighned those documents. Thanks, Patrick T. East |
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If you can prove your mother was not competent at the time she signed the papers, then you fight the transfer of the property. But that has nothing to do with the will, since the transaction was prior to their death.
Did they only have one will or did each have a separate will? Did they die together or separately? If separately, who died first? If you want to contest the will, you need to first know what it said. |
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My parents died separately, my father passed 3 yrs ago and my Mom passed last December. At my fathers funeral my brother gave me a copy of the will, which read I was entitled to half the house. I spoke to my brother 2 weeks ago and that is when
I learned of the transaction between him and my father. My brother has already got my parents money, all my moms jewelry and now the house. The house is in Gramercy, LA. does anyone know of a good Lawyer? |
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You don't need the best lawyer in town, but it makes no sense to hire a lawyer from too far away, so I doubt that anyone here is going to be familiar with your area by chance. So ask around, look in the Yellow Pages, don't go for the 'slip and fall' type personal injury ones, and he or she will be able to handle this.
(PS: there is some confusion in how you write about 'the' will, because generally your father's will would have been separate from your mother's.) |
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You really didn't answer some of the issues I raised. If dad died first, whose will did he show you? If it was your father's will then why didn't you inherit at that time? Or did mom inherit and what he showed you was your mom's will?
Did you check to see when the transfer of the house was made? If the transfer was after your dad's death it may be invalid. You have left too many questions here by not giving us information and not clearly and specifically answering our questions. But it would probably be best off that you talk to an attorney and answer the questions the attorney asks. |
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