probate gone haywire-trying to figure out which way to go.

You are here: Louisiana Law Forums Louisiana Probate Law probate gone haywire-trying to figure out which way to go.

Viewing 3 reply threads
  • Author
    Posts
    • #1916
      Bessie
      Participant

        My Dad died in 2007. Executrix waited 7 years to probate will. Executrix falsified information as much as probably 98%. Two disabled children completely left out plus she said no donations in last year before death. She had given herself and her husband several acres of land as POA which I can find no paperwork on the POA. Short story my Dad with dementia was robbed blind. What I want to know is (1) Can a representing attorney for disabled heir also be witness to events as he was my Dad's attorney for last 60 years at least and was fired when he asked to talk to my Dad alone to see what HIS wishes were. Can my Dad's lawyer be my attorney even though in the past he did some work for my Dad and also his wife and her kids. ( Its the wife and her kids that are in the wrong) He would be more than happy to vindicate my Dad but can he under the circumstances because he will also need to be a witness on my behalf.  Thank you!!

    • #2213
      Lex
      Participant

      Whether it would be allowed or not, it isn't a good idea to have your lawyer or a lawyer for any of the people involved also be a witness. It just interferes with the credibility of the witness. And, the other side may object to your lawyer being a witness. Plus, there are conflict issues which could prove to be a problem It just isn't a good idea all around.

    • #2214
      pro
      Participant

      Wow…thank you… It wouldn't hurt for him to testify how long he had been my Dads attorney and the circumstances that surrounded his dismissal......not dismissed by my Dad but by the very people that had previously been reported to elderly abuse for taking advantage of his disability for their own prosperity...if done properly shouldn't, it be able to be done...or is there a possibility that it can,t. I could testify to what happened according to what I know and testify to what my Dad,s  lifelong attorney told me happened. Thanks for your insight!!!

    • #2215
      Lex
      Participant

      Sometimes you just have to make the decision as to whether you prefer having the lawyer be a favorable witness for you or be your lawyer.

Viewing 3 reply threads
  • You must be logged in to reply to this topic.