SUCCESSION OF LILLIAN C. BENOIT
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 721-021, DIVISION " L" . HONORABLE DONALD A. ROWAN, JR., JUDGE PRESIDING.
HAROLD E. MOLAISON, ATTORNEY AT LAW, Metairie, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.
ROLAND A. DITTA, ATTORNEY AT LAW, Gretna, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.
Panel composed of Judges Susan M. Chehardy, Jude G. Gravois and Stephen J. Windhorst.
STEPHEN J. WINDHORST, J
[14-546 La.App. 5 Cir. 2] Appellant, Roslind Chaisson, appeals the trial court's judgment granting a motion for summary judgment filed by Betty Bergeron and provisional administrator of
the Succession of Lillian C. Benoit, James Bergeron. For the reasons that follow, we affirm.
Procedural Background and History
On January 14, 2011, Ms. Bergeron and Tenna Benoit, two of the three surviving children of Ms. Benoit, filed a petition for interdiction seeking the interdiction of Ms. Benoit in case number 696-963, Interdiction of Lillian C. Benoit, 24th Judicial District Court, Division " O." On October 9, 2012, the trial court granted a judgment of full interdiction against Ms. Benoit.
On January 31, 2012, Ms. Benoit purportedly executed a Last Will and Testament. The testament expressly disinherited two of her children, Mr. Benoit and Ms. Bergeron, and bequeathed all property to her third child, Ms. Chaisson. On November 2, 2012, Ms. Benoit passed away.
[14-546 La.App. 5 Cir. 3] On January 31, 2013, provisional administrator, Mr. Bergeron, filed a petition for declaratory judgment in this case seeking invalidation of the purported testament on several grounds, including those based on full interdiction. Ms. Chaisson did not file an answer to this petition.
On the same day in this case, Ms. Chaisson filed a petition to probate the purported Last Will and Testament of Ms. Benoit and an ex parte order of probate was signed by the trial court.
On June 16, 2013, Ms. Bergeron and provisional administrator, Mr. Bergeron, filed a petition to annul the probated testament of January 31, 2012. Ms. ...