My father’s will not carried out testate but was under laws of intestacy

[Graceeloiselle]

Louisiana
Father passed testate in 1993. He left my mother Usufruct and my siblings and I were the forced heirs. He clearly stated that he did not want to leave anything to his older heirs from another relationship. They then(the older heirs) forced my handicapped mother to renounce her part. They started a petition for Possession and were able to have it ordered even though my brothers and I were not present. We left the state and were adopted into a family shortly after my father’s death. Now I want to honor my father’s original will and figure out how I can get the property he wanted to leave my brothers and I, how do I go about this? Do I need to reopen succession? How were the other much older heirs able to get on his estate when my father clearly wrote in his will he left them nothing? It states in the petition of possession after my mother’s renunciation that the heirs desire that the assets of the decedent pass under laws of intestacy. Now If my mother renounced Usufruct wouldn’t it all just go to the forced heirs? We are (My brothers and I ) the naked owners. I have my father’s original will and all court documents to provide.

 

[FlyingRon]

Louisiana has some unusual laws with regard to disowning heirs. Despite what he put in his will, he may not be able to disown any heirs tha were under 24 or "permanently incapacitated.

While mom is free to renounce her rights, she's also permitted to allow others to use the property subject to the same conditions as her until she passes.

As for what exactly happened, we certainly can't tell from what you're telling us. You should contact an attorney (I'd start with making an inquiry to the one who is handling the probate).

 

[Zigner]

You should contact an attorney (I'd start with making an inquiry to the one who is handling the probate).

I agree that the OP needs to contact an attorney - however, just to be clear, probate was opened in 1993 and is probably long-closed by now.

 

[Graceeloiselle]

Yes probate was closed BUT my father did state in his will he did not want to leave anything to the other heirs who were all way over the age of 24 in 1993. My brothers and I were 9,7 and 1. Somehow the angry older heirs got the judgement of procession by going under laws of intestacy BUT my father had a will and died Testate. How is that legal is what I’m asking. As a forced heir and a rightful naked owner don’t I have a reason and case to reopen and honor the real will.

 

[Zigner]

Yes probate was closed BUT my father did state in his will he did not want to leave anything to the other heirs who were all way over the age of 24 in 1993. My brothers and I were 9,7 and 1. Somehow the angry older heirs got the judgement of procession by going under laws of intestacy BUT my father had a will and died Testate. How is that legal is what I’m asking. As a forced heir and a rightful naked owner don’t I have a reason and case to reopen and honor the real will.

As you were told, you should speak to an attorney.

 

[Graceeloiselle]

Thank you I have started the process. Since my situation is so complex I’m finding it hard to get the right attorney. I’ve just been trying to do any research and information I can to gather. Thank you for your time and advice

 

[Zigner]

Thank you I have started the process. Since my situation is so complex I’m finding it hard to get the right attorney. I’ve just been trying to do any research and information I can to gather. Thank you for your time and advice

Please be prepared to accept that too much time may have passed to do anything about it.

 

[Dandy Don]

What is your reason for not consulting with a probate attorney about this back in 1993?

 

[not2cleverRed]

What is your reason for not consulting with a probate attorney about this back in 1993?

Per post #4, OP was under the age of 10 in 1993: the ages of OP and OP's full siblings were 9, 7, and 1.

 

[Dandy Don]

Did your mother know about the will?