If you believe something feels off about your loved one’s Last Will and Testament, you may think about contesting the document. However, before you take any legal action, it is important to understand what it means to contest a will in Louisiana, whether you have grounds to challenge it, and what happens if a will is found to be invalid.
How To Challenge a Will in Louisiana
In Louisiana, a legatee or heir may be able to contest the will’s validity on the following grounds:
- Lack of Capacity: If a family member did not understand what it meant to execute a will, they may not have had the capacity to create it in the first place.
- Undue Influence: If another individual pressured, forced, or exerted undue influence on a family member to include things in the will, the document may not reflect your family member’s true intentions.
- Fraud or Forgery: If a family member was not the person who signed the will or was deceived into signing it, the will may not be valid.
- Revocation: If the will was revoked or destroyed before the creator of the will died, the will may not be valid. In these situations, it is vital to look for a later-created will, or the laws of intestacy may have to apply.
- Issues with Louisiana Laws: If a will does not meet Louisiana’s specific legal requirement, the document may not be binding.
To know which of these issues may apply to your situation, consider discussing the matter with an experienced Louisiana estate planning attorney. These lawyers can help you figure out whether you have grounds for challenging a will in Louisiana and the next steps you should take.
What Does the Court Do if a Will Is Invalid?
If a Louisiana court finds a will invalid, the estate may have to pass to heirs according to the state’s intestacy laws. This means that even if you believe a loved one wanted something else to happen to their estate, the court cannot make distributions based on what you think a family member would have wanted. Rather, they will be restricted by the state’s laws on who they can pass the property to, which may not be in your best interest.
For these reasons, before you consider contesting a will, contact a knowledgeable Louisiana estate planning attorney as soon as possible and let these legal professionals review your options if the court finds a will invalid.
Contact Losavio & DeJean, LLC, and Find Out What Happens When You Question a Will’s Validity
If you want to know whether a family member’s will is invalid, contact a skilled Louisiana estate planning lawyer at Losavio & DeJean, LLC. Our legal team can assess all aspects of the estate plan and will, review the applicable laws, and go over the potential outcomes of contesting a will. This can help ensure you make an informed decision regarding your next steps.
To schedule a free consultation, contact us today or call us at 844-431-5334 to speak with a team member.