Mother made a handwritten will

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Mother made a handwritten will

Mother gave only son her property and everything
handwritten in her handwriting notary was present. She has
3 grown daughters did not include them in her last will and
testament. Is this legal in Louisiana?

Asked on August 17, 2018 under Estate Planning, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, in LA an "olographic Will" is one that is written, signed and dated entirely in the handwriting of the "testator" (i.e. the person making it). Such a Will is generally considered valid so long as it is in the testator's own handwriting, even if it is not notarized. Secondly, yes a parent may disinherit their child. As a general rule, children have no right to automatically inherit anything from their parents. However, most states do have laws to protect against accidental disinheritance. In rare cases, a child may have a right to “elect against the Will”. For example, if it appears the parent did not know about a child or if the child was born after the Will was signed (to disinherit these latter children, there must be specific disinheritance language in the Will). Otherwise, if there is a Will and you're not in it, you are not entitled to anything. 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, in LA an "olographic Will" is one that is written, signed and dated entirely in the handwriting of the "testator" (i.e. the person making it). Such a Will is generally considered valid so long as it is in the testator's own handwriting, even if it is not notarized. Secondly, yes a parent may disinherit their child. As a general rule, children have no right to automatically inherit anything from their parents. However, most states do have laws to protect against accidental disinheritance. In rare cases, a child may have a right to “elect against the Will”. For example, if it appears the parent did not know about a child or if the child was born after the Will was signed (to disinherit these latter children, there must be specific disinheritance language in the Will). Otherwise, if there is a Will and you're not in it, you are not entitled to anything. 


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