Attorney R. Scott Buhrer has successfully handled numerous succession disputes. He carefully and insightfully walks clients through all of their legal options under Louisiana law while closely considering cost factors and other practical issues. At all stages of these cases, Mr. Buhrer draws upon his decades of legal experience to provide the powerful, dedicated advocacy that his clients need when dealing with highly emotional and troublesome legal situations.

Mr. Buhrer’s effective dispute resolution techniques and client-focused practice have led to him being AV Preeminent peer-review rated* through Martindale-Hubbell, the highest rating available to an attorney.

Understanding The Succession/Probate Process In Louisiana

When a loved one dies, someone needs to administer their estate. This is called succession (known as probate in other states). The exact process of succession depends on whether or not there is a valid will or estate plan. The person handling the succession is called an estate administrator or executor. Their responsibilities include filing paperwork with the court, gathering the deceased person’s assets, paying their bills and final taxes, and distributing any remaining assets to the heirs and beneficiaries. The estate administrator/executor can hire a succession lawyer to help.

Contested Succession Situations

Beneficiaries or potential beneficiaries may decide to contest the succession. They may argue that the will itself is invalid or they may argue that the estate administrator/executor is not doing a proper job. Mr. Buhrer can represent those who wish to contest a succession or defend the administrator in a contested succession.

Circumstances that require a succession administrator to defend against legal actions typically arise in two situations:

  1. When the will itself is disputed. Many times, those challenging the succession will claim that the person who made the will was not competent and that the will should be declared invalid.
  2. When the way a succession is administered is attacked, the executor’s actions, instead of the terms of the will, are called into question.

In either situation, it is imperative to have the assistance of a seasoned contested successions attorney. On either side of a succession dispute, Mr. Buhrer’s clients benefit from his powerful advocacy and cost-effective legal techniques.

Frequently Asked Questions About Contested Successions

As a succession lawyer, Mr. Buhrer answers many questions from clients about contested probate/successions. Here are some common ones and their answers.

When can a will be contested?

A Will can be contested under specific circumstances, primarily when there are grounds to question its validity or the testator’s intentions. Beneficiaries or other interested parties may dispute a Will during the succession process for reasons such as:

  • The Will fails to meet basic legal requirements.
  • There is a claim that the Will was revoked, or a more recent Will exists.
  • Suspicion arises that the Will is a forgery.
  • The testator lacked the legal capacity (sound mind) to create the Will.
  • The testator signed the Will due to fraud or mistake.
  • The testator was subjected to undue influence when preparing the Will.

In any of these situations, it is crucial for the interested party to consult with a succession lawyer experienced in handling Will contests.

Who can contest a will/succession in Louisiana?

Only a person with a legal interest in the outcome of the dispute is allowed to contest a will or succession in Louisiana. That means the person must be a potential beneficiary to the estate or a potential heir under Louisiana’s intestate succession laws. They must also have a valid legal reason to contest the succession.

How long does someone have to contest a will in Louisiana?

Generally, you have five years from the date of death to contest a will in Louisiana. However, it is not advisable to wait that long if you have an option. As time passes, it can be harder to access the evidence you need to present your claim. Furthermore, it can be more difficult to undo a succession that is complete than it is to challenge the will in an ongoing succession.

What is a no-contest clause? And how does that impact a will?

Some people include no-contest clauses in their wills in order to limit family disputes over the estate. These clauses may reduce or eliminate a beneficiary’s inheritance if they choose to contest the will. In many cases, Louisiana courts have upheld these clauses. However, they are often evaluated on a case-by-case basis and may not be upheld when a beneficiary contests the will in good faith. If you are a beneficiary to an estate with a no-contest clause, it is essential to have an experienced succession lawyer review the clause.

Contact A New Orleans Will Contest Attorney Today

The Buhrer Law Firm is conveniently located near Lakeside Mall and has readily available street-level parking. To schedule an initial consultation, contact the firm online or by calling 504-833-5112 or 800-636-0784.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

Contested Successions

Attorney R. Scott Buhrer has successfully handled numerous succession disputes. He carefully and insightfully walks clients through all of their legal options under Louisiana law while closely considering cost factors and other practical issues. At all stages of these cases, Mr. Buhrer draws upon his decades of legal experience to provide the powerful, dedicated advocacy that his clients need when dealing with highly emotional and troublesome legal situations.

Mr. Buhrer’s effective dispute resolution techniques and client-focused practice have led to him being AV Preeminent peer-review rated* through Martindale-Hubbell, the highest rating available to an attorney.

Understanding The Succession/Probate Process In Louisiana

When a loved one dies, someone needs to administer their estate. This is called succession (known as probate in other states). The exact process of succession depends on whether or not there is a valid will or estate plan. The person handling the succession is called an estate administrator or executor. Their responsibilities include filing paperwork with the court, gathering the deceased person’s assets, paying their bills and final taxes, and distributing any remaining assets to the heirs and beneficiaries. The estate administrator/executor can hire a succession lawyer to help.

Contested Succession Situations

Beneficiaries or potential beneficiaries may decide to contest the succession. They may argue that the will itself is invalid or they may argue that the estate administrator/executor is not doing a proper job. Mr. Buhrer can represent those who wish to contest a succession or defend the administrator in a contested succession.

Circumstances that require a succession administrator to defend against legal actions typically arise in two situations:

  1. When the will itself is disputed. Many times, those challenging the succession will claim that the person who made the will was not competent and that the will should be declared invalid.
  2. When the way a succession is administered is attacked, the executor’s actions, instead of the terms of the will, are called into question.

In either situation, it is imperative to have the assistance of a seasoned contested successions attorney. On either side of a succession dispute, Mr. Buhrer’s clients benefit from his powerful advocacy and cost-effective legal techniques.

Frequently Asked Questions About Contested Successions

As a succession lawyer, Mr. Buhrer answers many questions from clients about contested probate/successions. Here are some common ones and their answers.

When can a will be contested?

A Will can be contested under specific circumstances, primarily when there are grounds to question its validity or the testator’s intentions. Beneficiaries or other interested parties may dispute a Will during the succession process for reasons such as:

  • The Will fails to meet basic legal requirements.
  • There is a claim that the Will was revoked, or a more recent Will exists.
  • Suspicion arises that the Will is a forgery.
  • The testator lacked the legal capacity (sound mind) to create the Will.
  • The testator signed the Will due to fraud or mistake.
  • The testator was subjected to undue influence when preparing the Will.

In any of these situations, it is crucial for the interested party to consult with a succession lawyer experienced in handling Will contests.

Who can contest a will/succession in Louisiana?

Only a person with a legal interest in the outcome of the dispute is allowed to contest a will or succession in Louisiana. That means the person must be a potential beneficiary to the estate or a potential heir under Louisiana’s intestate succession laws. They must also have a valid legal reason to contest the succession.

How long does someone have to contest a will in Louisiana?

Generally, you have five years from the date of death to contest a will in Louisiana. However, it is not advisable to wait that long if you have an option. As time passes, it can be harder to access the evidence you need to present your claim. Furthermore, it can be more difficult to undo a succession that is complete than it is to challenge the will in an ongoing succession.

What is a no-contest clause? And how does that impact a will?

Some people include no-contest clauses in their wills in order to limit family disputes over the estate. These clauses may reduce or eliminate a beneficiary’s inheritance if they choose to contest the will. In many cases, Louisiana courts have upheld these clauses. However, they are often evaluated on a case-by-case basis and may not be upheld when a beneficiary contests the will in good faith. If you are a beneficiary to an estate with a no-contest clause, it is essential to have an experienced succession lawyer review the clause.

Contact A New Orleans Will Contest Attorney Today

The Buhrer Law Firm is conveniently located near Lakeside Mall and has readily available street-level parking. To schedule an initial consultation, contact the firm online or by calling 504-833-5112 or 800-636-0784.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.