Baton Rouge Probate Litigation Lawyer

At Richard J. Tomeny Jr. Attorney at Law, we are a Baton Rouge probate litigation firm whose practice spans 48 years and includes recognition from New Orleans Magazine.

If a will admitted to probate does not reflect what the deceased intended, or you are the executor of a will that someone is now challenging, the dispute will be decided in the 19th Judicial District Court under Louisiana’s rules for testaments. Our Baton Rouge, LA probate litigation lawyer brings and defends actions to annul testaments, contests over competing wills, and disputes about what a will’s provisions mean.

Richard J. Tomeny Jr. Attorney at Law handles both simple and contested probate matters.

Contact our office to discuss the testament and the deadline that applies.

Probate Litigation Lawyer Baton Rouge, LA

A probate litigation lawyer handles disputes about a testament: whether it was validly made, whether the person who signed it had capacity and acted freely, which of two wills controls, and what its terms require. In Louisiana, these disputes are tried within the succession proceeding, and the outcome determines who receives the estate.

The median household income in East Baton Rouge Parish is $63,071, according to Census income data. For many families, a single inherited home is worth several years of that income, and a will that redirects it can be worth contesting or defending in court.

Types of Probate Litigation Cases We Handle in Baton Rouge

Our probate litigation attorney in Baton Rouge represents those who challenge a testament and those who defend it. Each matter starts with the same question: whether the document meets Louisiana’s requirements and reflects the testator’s free choice.

• Defects in form. A notarial testament must follow specific execution formalities, and an olographic testament must be entirely handwritten, dated, and signed by the testator. We examine the document and the circumstances of its signing for any departure that makes it invalid.
• Lack of capacity. A testament is invalid if the testator could not understand the nature and consequences of the act when signing it. These claims rest on medical records, the observations of witnesses, and the testator’s conduct around the date of signing.
• Undue influence. A will procured by someone who substituted their wishes for the testator’s can be annulled. We investigate who arranged the signing, who benefited, and how the testator’s relationships changed in the months before.
• Disputed handwriting. When an olographic will is offered for probate, its authenticity may be challenged. We work with document examiners and witnesses familiar with the testator’s handwriting.
• Competing and later testaments. A later will, a codicil, or evidence of revocation can displace a testament already probated. We present the later document or contest its validity, depending on the client’s position.
• Interpretation of legacies. Ambiguous wording, property the testator no longer owned, or a legatee who died first can leave a will’s meaning in dispute. We ask the court to determine the testator’s intent from the document and the surrounding facts.
• Trusts. A trust created by testament can be challenged on the same grounds as the will, and trustees can face claims over administration. We handle both kinds of disputes.
• Successions. Once the validity of the will is settled, the succession must still be completed. We carry the matter through to the judgment of possession.
• Succession litigation. Disputes over the executor’s conduct, partition, or forced heirship often follow a will contest. These proceed in the same succession record.

Why Choose Richard J. Tomeny Jr. Attorney at Law as My Probate Litigation Lawyer in Baton Rouge, LA?

Representation on Both Sides of a Will Contest

Richard J. Tomeny, Jr. has handled both simple probate cases and complex contested ones, representing heirs and surviving spouses who question a testament as well as estate representatives charged with upholding it. Knowing how the other side will present its case informs how we prepare ours. A family facing a contested will needs an estate planning lawyer in Baton Rouge, LA who understands both how testaments are drafted and how they are attacked.

Recognized by Louisiana Peers

Fellow attorneys selected Mr. Tomeny for New Orleans Magazine’s Top Lawyers list in 2009, and the magazine named him one of the top business lawyers in New Orleans that year. He is an active member of the Louisiana State Bar Association and has practiced in Louisiana since 1978.

What Is Important To Understand About Probate Litigation Cases?

What Is The Probate Litigation Case Timeline?

Most will contests begin after the testament has been probated. Once a testament is admitted, those who want to annul it must file an action in the succession, and an action to annul a testament is subject to a liberative prescription of five years. Later-discovered testaments face their own filing deadline: they cannot be admitted to probate unless a petition is filed within five years after the succession was judicially opened. A probate litigation lawyer in Baton Rouge confirms the date of the order of probate and the date the succession was opened before any other step, because the time remaining determines how the case is prepared.

After the petition is filed, the parties exchange documents. In a capacity case, that means medical and pharmacy records. In an undue influence case, it means bank records, correspondence, and testimony from those who were present when the will was signed. Handwriting disputes add an examiner’s report. Depositions follow.

Settlement remains possible at every stage. A contest that does not settle is tried before the division assigned to the succession, and the judgment may be appealed.

Testament Forms, Capacity, and Undue Influence in Louisiana

Louisiana recognizes two forms of testament. The notarial testament is executed before a notary and witnesses with a signed attestation clause, and the olographic testament is written, dated, and signed entirely in the testator’s hand. Failure to meet the requirements of the chosen form makes the testament absolutely null.

Capacity is presumed. The party challenging the testament must prove that the testator lacked it at the moment of signing, and the standard of proof for that claim is higher than in an ordinary civil case. Undue influence is proven by showing that the influence was so substantial that the testator’s own volition was replaced by that of another person.

Revocation is a separate question. A testator may revoke a will by executing a later testament, by declaring the revocation in a form the law allows, or by destroying the document. When two documents compete, a probate litigation attorney in Baton Rouge, LA has to establish which of those events occurred and in what order.

What Are Important Aspects of a Probate Litigation Case?

• The testator’s earlier documents. A prior will often shows what the testator intended before the disputed change, and it may take effect if the later one is annulled.
• A pattern of planning. Clients who updated their estate plan regularly leave a record that can support or undercut a claim of undue influence.
• The executor’s position. The named executor has a duty to defend the testament, and estate funds may bear some of that cost.
• Witnesses to the signing. The notary, the witnesses, and any caregivers present when the will was signed are central to a contest. A Baton Rouge probate litigation attorney identifies and interviews them early, while their recollection of the day is clear.
• Forced heirs. Whatever the outcome, children with forced heirship rights keep their reserved share.

What Should You Bring to Your Probate Litigation Consultation?

The testament and the circumstances around its signing are the center of the case.

• The probated testament and any earlier wills or codicils
• The order of probate and other pleadings from the succession record
• Medical records or the names of physicians who treated the testator
• Names of witnesses, caregivers, and anyone present at the signing
• Correspondence showing the testator’s relationships and stated intentions

At the consultation, our Baton Rouge probate litigation lawyer reviews the documents, explains the deadline that applies, and assesses the strength of the claim or defense.

19th Judicial District Court and Local Resources

• Will contests in East Baton Rouge Parish are heard by one of the 19th JDC’s judges, who preside over civil or criminal matters by division.
• Earlier testaments and older successions may be found in the Clerk of Court’s Archives Department, which holds parish probate records dating to 1782.
• Copies of a probated testament and other filed records are available from the Clerk’s Copy Department.

Reach Out to Richard J. Tomeny Jr. Attorney at Law to Schedule a Consultation

Our Baton Rouge probate litigation lawyer will review the testament and the succession record and tell you whether a challenge or defense is available within the time remaining. Richard J. Tomeny Jr. Attorney at Law represents executors, heirs, and surviving spouses in these disputes. Contact us to arrange a confidential consultation at a time that suits you.