One Man - No Land

One Client - this client came into contact with the PBP (pro bono project) in order to probate a will. The property in question was a lot that prior to Katrina had a home on it that has now been demolished. The people who owned the property were father and son and they died intestate. So, the remaining son/brother took over the property. He had no remaining family members and so he executed a will (with the help of an attorney) in which he left the property to a friend/neighbor of his (this person was the PBP client). Unfortunately it appears as though the will is invalid under LA law because it was not notarized. If this actually turns out to be true then the land will either escheat to the state or there is a chance that there are 2 collateral heirs (this means they are not direct descendents/linear of the decedent). The two possible heirs are distant cousins, that were mentioned in the obituary that I came across during my research.

My reaction to this experience is mixed. On the one hand I believe that there is good reason for Civil Codes and laws and that in order for the courts, attorneys, etc. to have consistent outcomes this is necessary. However, on the other hand these same laws can cause injustice for many. This is what I believe the situation here is. The neighbor/friend lived on the same block as the property owner (decedent) and they were friends for 40 something years. ( I know this because Will, Matt, John, and I went to see the client to pick up a copy of the property deed and he was more than willing to answer any of the questions we had about his experiences in New Orleans prior/during/and after Katrina.) I would have to say that this personal interaction with the client was definately the highlight of the work for me. The other side of this experience in talking to him however was that naturally you seem to care more about people (or at least I do) when I have an actual interaction with them and can put a face/story to the case file. In LA there are two types of recognized wills (olagraphic - which means hand written) and notarial (typed or a form will that must be notarized). To me it is ridiculous that the handwritten will is acceptable but a typed will signed by 2 witnesses but not notarized is not. I have an issue with a handwritten will being acceptable but one that is not notarized not being. The decedent went to an attorney and did everything he thought he was suppose to but obviously the ball was dropped along the way. There is a small possbility that the firm has the original and it is notarized, but this does not look good. I thought this could be the case if by some strange chance the will was executed and then later notarized, even though legally this is not the way it is suppose to happen (people have been knwn to take an occasional shortcut to make a few dollars). So basically because of someones (lawyers) mistake or lack of legal knowledge on the part of the decedent and the legatee the decedents wishes won't be carried out and his friend who is expecting to have the property is out of luck.

I know it has been discussed in class, but a simple form will could have prevented the approaching dissapointment for the legatee. This type form would be ideal for people who all they own in life really worth anything is their home. In this case if the property escheats to the state then the decedent and his brother and father will have spent how ever many years working to own property only for it to belong to the state in the end. Just too unfortunate.