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.
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.
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.
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.
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.
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.
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.
The testament and the circumstances around its signing are the center of the case.
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.
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.
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Ray R2394 days agoTrustindex verifies that the original source of the review is Google.
Richard is a very smart, experienced, and detail oriented attorney. He has represented me for over 25 years and i would give him 100 stars if allowed on this review!
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