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Question about wills. Explain it to me like I’m five.

Posted on 1/27/25 at 6:25 pm
Posted by TigerStripedHeels
Baton Rouge
Member since Sep 2015
69 posts
Posted on 1/27/25 at 6:25 pm
I (fortunately) have never been in a position where I’ve had experience with wills, so I’m not familiar with what’s typical. We have an attorney lined up, but I just don’t want to go into this completely clueless. I want to get my stupid questions out of the way now.

I know it’s not required for an executor to notify beneficiaries that they have been removed from a will, but as I understand it, it’s good practice. Is that correct?

Whose responsibility would it have been to determine if the deceased was of sound mind at the time that their will was changed? Especially in the case of an elderly person with Alzheimer’s.

Also, when trying to get a copy of the will from the probate court, we were told all of the records, including the deceased’s medical records, have been sealed. Is this common?

Finally, is there a way to find out who the executor of the person’s will is?
Posted by LegendInMyMind
Member since Apr 2019
66732 posts
Posted on 1/27/25 at 6:34 pm to
I will just say good luck. Dealing with any kind of disputed will, and sometimes a simple, cut and dry one, can be a pain in the arse.
Posted by TigerBalsagna
tRedStick
Member since Jan 2015
842 posts
Posted on 1/27/25 at 6:39 pm to
You're out bro.
Posted by Penrod
Member since Jan 2011
47237 posts
Posted on 1/27/25 at 6:44 pm to
I don’t know much about it, but I can give this advice: Unless the deceased was extremely wealthy, or there is very obvious shenanigans, do not contest the will. It will just exhaust everyone’s shares.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
44398 posts
Posted on 1/27/25 at 6:47 pm to
I'm an estate planning/probate attorney. My hourly rate is $390/hour.

I'll give you a discount and drop my rate to $350/hour.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
40711 posts
Posted on 1/27/25 at 6:48 pm to
Did you marry outside of your race?
Posted by TigerStripedHeels
Baton Rouge
Member since Sep 2015
69 posts
Posted on 1/27/25 at 6:49 pm to
quote:

the deceased was extremely wealth


Millions.

quote:

there is very obvious shenanigans


Like, not telling anyone when the house was sold? Slowly selling off pieces of furniture, art, and collectibles and pocketing the cash? Can’t prove it obviously, but we know it’s happening. Refusing to tell us who the executor is?
Posted by geauxbrown
Louisiana
Member since Oct 2006
22676 posts
Posted on 1/27/25 at 6:58 pm to
Whatever you do, have one in place. Both my mother and father passed unexpectedly, without wills.

Even as the only child it was a massive pain in the arse dealing with the legal dog and pony show
Posted by TigerStripedHeels
Baton Rouge
Member since Sep 2015
69 posts
Posted on 1/27/25 at 7:03 pm to
quote:

Did you marry outside of your race?


Negative.
Posted by WylieTiger
Member since Nov 2006
13927 posts
Posted on 1/27/25 at 7:04 pm to
Is it a gold digger?
Posted by Traffic Circle
Down the Rabbit Hole
Member since Nov 2013
4642 posts
Posted on 1/27/25 at 7:04 pm to
Lawyers are going to love you.

$10,000 retainer. $400 / hour

Just to ‘investigate’ the possibility that you ‘might’ have gotten screwed.

Might be better off

(1) at the casino;
(2) lottery tickets;
(3) counseling;
(4) posting nude pics of wife.
Posted by Indefatigable
Member since Jan 2019
33487 posts
Posted on 1/27/25 at 7:08 pm to
quote:

Whose responsibility would it have been to determine if the deceased was of sound mind at the time that their will was changed? Especially in the case of an elderly person with Alzheimer’s.

If the form of the will is correct, you’ll likely never be able to prove lack of capacity, FWIW. You’d need evidence that most cases will never have.

Posted by TigerStripedHeels
Baton Rouge
Member since Sep 2015
69 posts
Posted on 1/27/25 at 7:09 pm to
quote:

Is it a gold digger?


Nope. Never married. No kids either.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
28566 posts
Posted on 1/27/25 at 7:10 pm to
First, you haven't even mentioned the jurisdiction the will is being probated in that alone should keep any attorney from responding without an arse load of caveats.

Second, I understand what you are trying to do but write everything down and let the attorney you chose answer the questions and guide the process.

Free legal advice is worth exactly what you pay for it, sometimes you catch an attorney in a mood and they will dispense some or a lot of legal opinions that are definitely NOT legal advice but it is best just to deal with your attorney.
Posted by Indefatigable
Member since Jan 2019
33487 posts
Posted on 1/27/25 at 7:10 pm to
quote:

Also, when trying to get a copy of the will from the probate court, we were told all of the records, including the deceased’s medical records, have been sealed. Is this common? Finally, is there a way to find out who the executor of the person’s will is?


If you’re an interested party such as an immediate relative or heir, you can ask for the documents to be unsealed. The executor will be listed in the pleadings, assuming it’s unsealed.

Of course that assumes you’re in LA. But as others have said, unless you’re talking big numbers, it’s never worth fighting. You’re only going to deplete the estate—remember that the executor’s attorney fees are coming out of the pot.
Posted by Barneyrb
NELA
Member since May 2016
6202 posts
Posted on 1/27/25 at 7:26 pm to
I'm not in the legal profession at all so I'll get that out there, but my common sense tells me that if a diagnosis of Alzheimer's was (a while) before the will was written then it has a chance of being overturned. I may be wrong
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