How long to contest?

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    • #2004
      Bessie
      Participant

        In Louisiana. Will probated by step children. Disabled blood children left out. How long from time of filed paperwork can probate be contested?

    • #2475
      Lex
      Participant

      There can really be several issues here. For one, if a forced heir is left out, is fraud involved? In other words, was it known there was a forced heir but the paperwork filed (usually affidavit form, like Affidavit of Death and Heirship) deliberately left out the fact a forced heir existed? If this is an open probate/succession (no final judgment) then there probably is no time limit (except maybe the 5 year limit discussed below).Even when a succession is closed, it can be re-opened "for cause".In very general terms, and with exceptions, ignoring the issue of fraud, there usually is a 5 year period to contest a probated will.

    • #2476
      Bessie
      Participant

      This was willful fraud. They claimed my Dad had no money but didn't know I had his last bank statement. They claimed there were no cattle. They didn't know I had reported to my cousins they had Dads cattle on their property. We have paper trails for all correspondence and cousins came to see for themselves the cattle building they had on cousins property. I let them know when cattle were gone which was same month they filed paperwork saying Dad had no cattle. There was about 30 head of cattle which should have gone to my brother who was also disabled from leukemia and eventually died. Every single thing they did and said was fraud. I am also disabled. They know that because they live next to me. I never go to work anymore and have to hire for things inside and outside home I used to do myself. They knew. They even left out one of their brothers who is disabled. They gave their Mom ownership rather than usufruct and gave themselves her share and she never signed the papers. I don't know that she even knows what they did. The paperwork was drawn up by the stepson himself and their signatures were notarized by an attorney.Can you tell me now that you know more if the 5 year period still stands or is there anything else that I should know. Should a personal attorney handle this or District Attorney.?Thank you for your input.

    • #2477
      Lex
      Participant

      Should a personal attorney handle this or District Attorney?

      I'm not sure what you mean here. If you are thinking of filing criminal charges, that would originate with you contacting the sheriff or police, depending on which would have jurisdiction where you live (are you inside or out of city limits). Then, if the sheriff/police decide the case has merit, they would forward the information to the district attorney for further determination.When probate issue are involved, the police will frequently want to consider all the issues as being a "civil matter" and not something to prosecute.I think you should start by talking to your own attorney and follow his/her lead on this.

    • #2478
      Bessie
      Participant

      Thank you so much..

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