Read Our Reviews

Theus Law Offices is rated 5 out of 5.0 stars based on 5 review(s).

---

Most people have many questions about estate planning but never make a move to go see an attorney. Before Theus' free seminar I did not even know their were attorneys that specialized in only estate planning. Thank goodness I attended...as I did not even know what asset protection was, even though I had assets. Most people think a written will is fine and pass away thinking that things will be as they wished/stated. Most times that is not the case. I urge you to go Theus Law Offices for consultation. They are friendly and down to earth with your wishes being #1. I cannot say enough good things about them. Now that I have gone to Theus I rest so much easier knowing that my wishes...are going to be held up...just as I wanted...no doubt about it....Thanks to the Theus family !

- Peyton Guillory

---

The Theus Law Offices’ Family Estate Planning is a must from my perspective. I had recently lost my dad when I decide to attend the in-person Workshop at the time. My dad and I had attended a similar workshop some four (4) years prior but my dad didn’t elect at the time to move forward. I so wished that he (my dad) had done so because now I am helping my mom go through the Succession/Probate steps with a lawyer currently. If you or your loved ones haven’t made this decision with Estate Planning, I would strongly encourage you to attend this web-based workshop/webinar. Graves Theus is a great attorney to go with for this important step in you and your family’s planning for the future in many, many ways!!!

- Mark Johnson

---

The Theus Law Offices’ Family Estate Planning is a must from my perspective. I had recently lost my dad when I decide to attend the in-person Workshop at the time. My dad and I had attended a similar workshop some four (4) years prior but my dad didn’t elect at the time to move forward. I so wished that he (my dad) had done so because now I am helping my mom go through the Succession/Probate steps with a lawyer currently. If you or your loved ones haven’t made this decision with Estate Planning, I would strongly encourage you to attend this web-based workshop/webinar. Graves Theus is a great attorney to go with for this important step in you and your family’s planning for the future in many, many ways!!!

- Mark Johnson

---

They are a wonderful Team!

- Jessica Cole

---

Estate planning is a complicated process, but my wife and I feel it is valuable and necessary. We started by attending an Estate Planning workshop offered by the Theus Law Offices and led by Jim Theus. That was about the wisest decision we have made in some time. We engaged the services of Theus Law Offices and have benefitted enormously from the direct working relationship with Jim Theus. They did not sign us up and then pass us off to a staff member. We worked with Jim Theus personally. When it was time to work with others of the staff, we found them friendly, knowledgeable, and professional. Jim Theus is exceptionally competent and patiently answers questions. His due diligence is admirable. We found their fees for estate planning reasonable and fair. You would be wise to consider using the services of Theus Law Offices if you are interested in estate planning. We are grateful for their help and recommend them to you without reservations. Our loved ones will also be the beneficiaries of a comprehensive plan, as are we. Doyle L Bailey

- Doyle Bailey

Blog

Contesting a Will in Louisiana


22 March, 2018

Contesting a Will in Louisiana
Joe Crown was a drunk.  And a mean one at that.  He was also cheap. So cheap that he drafted his own will.  Bad idea.  Just to be mean, he left his only child, Tommy Crown, a bucket of pennies. He left the rest of his estate to his sister, who was mean too. 

After Joe died, his sister found his handwritten will and brought it to an attorney, who contacted Joe's son, Tommy, and instructed him to claim his bucket of pennies.  The will looked "funny" to Tommy, so he contacted a Louisiana estate planning attorney who advised him that the will was invalid under Louisiana law because Joe didn't sign it properly. Now Tommy, Joe's only child, is laughing all the way to the bank.  

Contesting a Last Will and Testament in Louisiana usually begins with a family member who isn't satisfied with the way the will is executed or written. Overturning a will usually has harsh and unintended results.  Click here to read a 2018 Third Circuit Opinion affirming a judgment obtained by Theus Law Offices invalidating a will, which is a good example of a harsh result to a surviving spouse.  The law is absolutely unforgiving when testing the validity of a will in Louisiana. 

A will can be challenged within five (5) years from the date the will is admitted to probate in Louisiana, which is a long time compared to other jurisdictions.  Grounds for contesting a will include:

1. Lack of capacity (the Testator was unable to comprehend the nature and consequences of their act when executing the testament);
2. Undue influence (the testator was unduly influenced to leave a disposition to someone such that the will does not reflect the testator's intent);
3. Failure to observe formalities in the execution of a will (the notary and witnesses must be in the same room and the testator must make certain declarations before signing each page and at the end);
4. Improper form (there are two forms of a will recognized in Louisiana, namely a notarial will and an olographic will, both of which require a certain form)  
5. Revoked will (a will can be revoked by authentic act or by destruction)
6. Forged will (someone other than the testator signed the will as a forgery)
7. Fraud or mistake (the testator was duped into signing the will, or was mistaken about what he or she was signing).

A laughing heir is one who receives an unexpected windfall as a result of an invalid will, or the failure to execute a will. For every laughing heir, someone is crying because they were disinherited. You cannot be too careful when executing a will.  Estate planning is no place to do it yourself or cut corners.  

If you need assistance contesting a will in Louisiana, or help with a Louisiana succession or Louisiana probate, please contact Theus Law Offices to schedule a free consultation with a Louisiana estate planning attorney and a probate administration specialist.

 

Leave a Reply

Your email address will not be published. Required fields are marked *