Mr. Robichaux, assisted by partner, E.B. (Ted”) Dittmer II, asserted a claim in a complex succession proceeding that the decedent was sight impaired and what little vision he had was impacted by his inability to concentrate due to neurological conditions. On the eve of trial, the estate agreed to settle the heirs’ claims for a seven-figure sum. If successful, the estate would have gone intestate as the decedent had revoked all prior wills. Such a revocation, by law only need be in authentic form, and an invalid will (due to lack of formality for sight impaired testators) suffices.
Likewise, Mr. Robichaux and Mr. Dittmer successfully represented the children in a contested will contest and annuity contract dispute filed as a federal interpleader. The widow (not the mother of the children) had allegedly secured a POA and new will at a time when the spouse was incapacitated. Fortunately the spouse recovered briefly prior to his death and revoked the prior transfers. Fiduciary claims existed against the widow for using the POA to transfer assets to her sole control.