WWL>Topics>>01-08 9:10 am All Things Legal

01-08 9:10 am All Things Legal

Jan 8, 2017|

Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

As a result the information provided by the attorneys and guests of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice. Communications with the attorneys on this program with a verbal our digital do not create an attorney client relationship. Taylor backed exits there Albert because you we killers all things legal here for our number two we hear until 10 o'clock will be here every weekend except maybe a holiday. Until the saints' opening day and September so will be here for the next eight months you starting season number nine. Thank you all for a listening in you heard so that is on Diane Newman have this back this year we thank you. Do you have a quick yesterday. You know I'm a member of ot Mac over the mountain athletic club yes it's well. But two old guys over and over on Everest you know Mount Everest yet go out and each other playing football and basketball and all these things. Well one of our members son needs an organ transplant. And there's a fund raiser today for him and rock and bowl. From room to four. They'll be live music in auctions and that sort of thing too great cause if you don't do anything this afternoon. Come on out and spent little money for great cause and him could. And thanks to John Lasseter always he's a great job of glitches yes he has he does a great job over there it's it's. It's it's a new historic place in the city of new world that if I really do mean it's a your job Johnny Blanchard heat coach meanwhile six years old lecture playground while he was I think teacher at Saint Louis here is that right. And then I'll never forget. We don't par fours rugby back when I was a law school come out of for a few years with some friends of mine that had it both before and after Oregon and but. John John is friends with what he news. A very good front month brother Austin he knew this and this and then he came we were talking what Tommy's game and I think I am an open bar. You know that old DNG quarter of of Carrollton avenue Tulane avenue in in in in this poll now. Just leave talking and visionary he was a visionary like that's that's just not a great neighborhood I mean I don't know. Which you can do to get people over there and in man he'd he went in made it this this. Institution DS this hip place to go and good for him means he's done very well in the of course. You know the open colleges and then. And now they opened one in left yet. All the real yes a collagen. Well remarkable are they were absolutely no care about it some my dad was east he went on there one on. And calm avenue nine years goal the other day so harper did net how about that yet and I write poetry he has that it never out of never city says. Very. And I used to get on your hair city's. Youth and you you take a few years ago when you view that as unlikely. And yeah he out east to set the pins at the noble didn't really work on Wednesday which is right around rural Korea with a fair game it's his house backed up to jazz but you know on Dell's. There you go there yeah. So anyway so lost. Johnny Blanchard now I'll grab rocker told you before if if you got a chance to come out it's going to be a great time and for Gregory calls okay. Let's go hit ball on Clinton is gonna fall monstrous got a question regarding wells have roots you on all things legal attacks in turnover Nikko. Yes I can't how. We don't mind element. And although we know they say is. Move season ended now bong outcrop wanted to know it it means that she could fail. Okay season is kind of a little wheezing and a napoleonic code term in its season without a gene that seizing. Season basically means is that it gives that person in the right. To. Make claims for those assets. They can't sell them. Any candidate depends that this is your will. Okay it's your will and you leave it to your daughter Andrea who is the executive or executor of that will. Do you have that and where he she is okay now here's an important question is she an independent. Exactly 24 or exact tree or issue the too is merely adding sector that's an important question because. If if the will calls for the independent administration of the state. Then that independent execute for cam. Act as if the decedent for the deceased person was still alive in other words. She can go ahead and it's time. The real estate documents selling real estate she can sell vehicles she can transfer stopped she can do all of these things. As if the deceased person was still alive without having to go to court to get court approval to do. You might wanna check that people that have woes you might wanna look rituals. And it's been you know we've been independent interest in the states has been around for a long time. But some of these older wills may or may not have. It. Independent administration called for the well and so if they don't I would suggest you do it because it is why probate is so much. Less expensive now than it used to be in the old in the old days if if you wanted to sell piece of property through the it's succession. You would have degree and advertising you'd have to contact the lawyer. The lawyer it would have to file a motion to sell the assets all these people would have to notify. All these things would have to happen for the expenses rail. With the independent administration. Com then that person can go ahead and you would need to do and they just have provide an accounting. To the heiress at least annually in the end succession. So but if you leave the property to her. And you want her to be able to sell before this succession is closed. Then. Which you can do is make sure that there's an independent administration. Or that she's in an exact tree. And in chic and sell the property within the succession. William. Judgment of possession comes. It is signed by the court and she can get the money from the. Well believe it a lot locally this. Grant Hill to the since there is Leo. Wanted to leave it there and migrant children so that he got traffic he's well on Ellen. Oh Osce Nazi art what let me ask is she your only child. All right okay do you wanna leave it directly to your grandchildren could you can do that to hold of that. But it would they be old enough. Lil Ol want. And a ninety. Yeah now which you might be able to do is. What's called the test of rhetoric trust him leave the property in trust. To where I come. You know you appoint a trustee to manage the property. Until such time as the children are of age to where the property can be sold in the money can be distributed among children. But. Or you know I mean the property is is your home which are fairly home to living in mail. Yes. It now that that you don't want daughters go. Though or it let you know I don't my hand in the till the grandkids become T yet do you expect it. We're the only way to do that is to. You. Maybe even give her mom Yusuf rocked over the property to where she has the right to use it that you leave it to children. Grandchildren are actually the better way I think would probably do tester or trust. Place the property in trust for certain period of time. And then allow your daughter the right to live there during that period of time with in the once the youngest becomes of a certain age in the property is sold them and distributed among the grange. I. Are all right are you thank you you know those type situations Ali which you have to do which candies just tell me tell us Butler. This is what I wanted to use creative vehicle to do that rise in the us anything can be done. Anyway for any anything in atrocity anywhere you could put conditions on how to sell NFL team right anything else. So. You know it does it provides a lot of flexibility analog you seller to govern. What happens here assets one year. Six Feet Under them. So I'm nice group. Well and it happened you know you we find that more and more as we deal with. Family matters. You know you've got one child that perhaps. You know got into drugs during their lifetime or or is not responsible we will spend every penny that they get the other children or. More responsible there's you know they're settled they have families and they're taking care of their families and and their responsibilities and Sarah. And so you know who we we have situations like that all the time where people clemency look I don't wanna leave everything. To this child right mail because I'm not sure they're gonna do the right thing with the money you know one it's a laugh. And so like if you have a child and adult child he has money problems or substance abuse problem something at least if you spread out over 1520 years. If they spent you know they spend money improperly for a quarter. At least you got the if guys are an idiot I'd rather quarters to. That to give an opportunity Andy to give the trustee discretion saying you know whether they should give it out and out there acting to got a job fair and school. Lore and on certain situation again it. If they're not this you know and I do with there's there's there's degree have what arrow you know exactly you know it's so. All right let's go to let's go to break that that area and we indoors all things legal right back there is Freetown part we're backed Exeter avenue value we can lawyers. All things legal poor got a phone call would have today I'm having a seminar and Baton Rouge on Tuesday. For the flood victims at the Holiday Inn on I twelve and airline highway. From seven at ten a lot of flood victims in batteries are still having problems with following flood claims. Well mortgage companies. All the all the issues we have with Katrina so we gonna have a seven all on the from seven plus seven that. What's what's the date merits of winter or February. It's a January 2 I don't know with today in February of oh if they you have to have your group of lawsuit minutes February 11. And so you know improve laws. For youthful looks and damages these supplementary settlement years Euro so. But opt we'll probably talk a little bit about more more about it later but let's go to full month as the two wills got a question. Regarding this bill enforcers of pay well you know things legal attacks Terry now we're Nikko. Hi I am calling that question. And Louisiana. A front in my mind that. They Louisiana. Only as sportsmanship where today. And a child is considered able. What that is how. War. Well basically when you hear today. If you're under 2323. Or under you for sphere which means you have to inherent. A portion of your parents state. But if you over 2023. Euro or 24 over. And you are not a forced air unless you have in capacity. If you have sometimes a physical mental capacities the fine by the cases right now. You'd still be entitled to day portion. Your parents. The state and depending on how many chilled siblings sale or is it is is that could be anywhere from a fourth. At the most so forth ball or last depending on how many siblings you now that the question is. Originally lost said. While they meant a constitutional amendments that that if you force air. You have a capacity. In Euro 24 eased into inherit from your parents this is how do you defining capacity. In before the definition was very tight narrow. As forests that basically could really function. On a day to day basis now in the past he's been expanded to. Mental and physical men mental and emotional difficulties in so. It's a little more happy now as to I guess the basket of wood in competence in capacities in Europe because it was Gordon. Yet the language talks about. Being incapable of caring for your person or administering your state in the future. So if you if you have some sort of incurable disease or if you have some sort of psychosis that you're in able unable to take care of yourself. Or administer your state. You know the government does not want. To be you know placed on the dole and so if there's money to be inherited thing you have to try to take care of your children so that's. One of the reasons why that's that's part of the law but com. You know it used to be where all children you know were were forced Ayers they watered that down and do away with that. Did away with the substantial portion of it now to 23 or younger which. Is basically college age they want to try to keep your kids to college. Or at least allow them if you pass a way to to pay for the room. A disability could mean anything that the judge decides. You know for medical testimony or whatever that the disability. Qualifies under fortunate. All right well. All right. That thanks thanks but here your friend was actor. Two others also give the other portion of course that a need to sit talked about this video which was being. Under 24 years of very bright right so again I think the theory is to try to keep you through college or less. May you know have have money to get yourself through college and Peter Pace and it just did dobbs do they have to leave your reports well before. Think the standard and capacity was the same standards interdiction. Basically they were very similar standards as far as will would encompassing capacity but now it seemed like the cases. And the you know the courts have expanded would incapacity to assist someone has maybe. If some type of emotional disability schizophrenic though all are. Well up you know bipolar those have been. Considered as. In capacities for purposes of forced air ship him and so if you have when you do and estate planning. And use their children. Who have this particular issues you have to consider that they'll probably be forced airs now the way you can deal with that this through special needs trust. Or other type of trust especially the receiving government benefits him the best thing to do is to have a special needs trust so that. The beneficiary or the air can continue to receive the benefit of the inheritance but at the same time maintain their government benefits except that he. These benefits would be administered by a third party. And a lot of times we've was seen situations where someone who's very very. You know every child is varies com. You know palsy or something where they can't do anything on her own. They might inherit a very modest amount of money you know 510151000. Dollars. And they inherit that money they get kicked off of government benefits and takes in 34 years to get back on. Peca after the show they spent that particular money rice saw those are some of the more you know serious tragedy difficult situations if you have a child. That has disabilities at the state planning takes in Newton dimension for use in you have to provide Foreman in a way that they can hand the best quality of life. I'll tell you several quick before we go to break. Of all I found that parents who have children with special. Need to designs on scientific live longer than parents otherwise. Yeah as they know. They gotta get up every morning Dana that device and take care of the special needs child like they would write in and have to stay around long missing camp. And I see that happen all Tom this is not scientific basis while an observation all right we're gonna go to a CVS break. And then we're gonna go to local news and will be back from last half an hour of all things legal so we'll see in about four minutes on all things legal stating they were backed Exeter avenue fill you weaken dollars all things legal. Here for a last half an hour starting season number nine. And still be here most every weekend until Milan. Saints' opening day in September of 2017. While while. Eight months eight months and. Did he tell you that's right it will probably not be here bodies Sunday Easter and a few other days the media will put us and will be there for the most part we're here for yeah. That's right and so. A mama do count down for opening day for LSU against BYU won't be here in person that a BYULSU. Game in Houston early on you go good for you I'm falling for coaches. I have to I'll let you know what he's a guy. He's a guy like a bum Phillips and his character. He's he's he's. He's a lot of I think the players wanna get and he's a local guy I think this is a great. Louisiana he's one of us he's one of and the other thing about coach coshow. He is everything that is great about Louisiana. Yes his personality. Out his love for people his love for the state. You know I think he's just what if if if Louisiana did everything right in any all the time we've had nothing but coach who's. All right he's not a he's not a a Tom Landry tight this. You know he's just a coach he's a good old football coach. Down and dirty and in the in the trenches in the offensive defense of lyme you know I just I like the guy I think the players like him but I think label owner. Man two because he's got he's very sophisticated as to what he wants to do what he does is he takes a very sophisticated makes it simple because his his road map the the program is very very sophisticated. Fact that's one of the things this'll the board supervises causes. Three inch. Binder writes that this is low on while she's could be so all right coach show well for you. In fact we're all for us all for him. All through all through I upgrade effect let's go to fallout Cisco oil we each got a question regarding her mother as well hale leash on all things legal text and turn over Nikko. A wonderful assistance and we still have a mob bird achievement and Chinese. And when my dad died about six years ago. We are getting used to front to get. He's of the house she is living in and in next you know our states. Well she. Didn't stutter and not want to live by sufficiently and with one of my sisters and she's gonna eventually. Sell out. Now. I wonder how cell. Issue if forced to do. Daughters. My dad and all it does it could be used to for a does that money still want to go to her to do which she wanted to she'd done it. The penalties for access. Well I think we brown sacred jays series since. I think you see that lot of affirmative. But these are truck and say a couple things first talk can say. One that if you do you sell them in lieu property that the money that is derived from the sale could be used. There you know where it attaches it attaches to the to the proceeds so. If it doesn't say that presently wouldn't so. You have the read the language as to what the Easter frock says what happens after the sale. Can yeah the sufficiently with as the Whalen I've seen it but Ole war which Islam itself. Has always. Yeah. For a Herman did it will together. And then we're. Getting all of us full fidelity to. If that that we use for being given out that we could be you know out who that she could live in the house itself any longer. Let let let's talk a little bit about who. And I'm just thinking that yes she could take that you know. Let me just do whatever not that you wouldn't. Right in and in terms of her long term care. Is it is that your intention that she will be. Living with one of the five daughters at all times and not necessarily. Go into some sort of facility. Well let us to live with one dollars and she's fine if she even better health and then my daughter until I mean. This is written with who. Is the walker oh yeah mom's kind of free flow. So but. That's the thing and she wants to have enough income issue would have to do owners to own. That it we haven't talked about this this is just something mean one of the systems. Yeah that's probably something you wanna do in terms of planning. You know because of how about that. Right now that the cheap it different for a nice. I'm nursing home she had to death because we already know her incumbent in. The National Guard so what. That may not be such an issue and then. You know in a few dead. Served an active military. Yet and you do theirs there's some benefits that may be available. Through something. Because you need in attendance yeah through the through the federal government the very few people know about but that Willis issue with it eventually has to go and one of those. Yeah she did to campus. That's the best thing in my belly right now without them out so that's why I'm you know tripled in just saying look this should she give us that money I mean it's. You know what would probably be a better idea. Come just for state planning purposes if you decided to sell the house letters keep pair. She's seen in about Q much is gonna put it. Letter got to keep half of you guys keep the other half and some sort of account interest bearing account. That you all alone in just let it sit there and then he eventually means that it's there for her. But it may not necessarily be it would not be hers for the government to help that as an asset in the event tomorrow. You want. Heard used as you would get if she ever had to do so corrupt. Detention on history but you know. We just wondering if that would be the move some money that we can look forward to before she died or if that's. Well you know only if if it's hers you know depending on. If the will. That your father had says that she has the right to dispose of consumables. And the that the use of Brock would attached to. The proceeds of the sale of prince of aunts are non consumables which basically is house. That the views of Brock would attach to them on through to the sale proceeds of the non consumable. Then you guys that she would still have the use of Procter over the response even though the yours. Problem but you know there's not then it wouldn't vet her and donating that money to you she can do is give you mean annual gift. You know she sells the house for 200000 dollars or hundreds earners you guys teach to what degree and you know Putin to write checks and say. We can't demand that I think electric find out. It used to it depends on how to ride we'll. OK thank you so much all right all right. Let's let's go to break Texans have been equally we can or is all things legal be right back here is free time we're back that secretary Albert may tell you we can lawyers all things legal just real quick I just want again. We're gonna have. A flood seminar at the how Dane in Baton Rouge where flood victims. For the bad Ricans ranks central Zachary. It's going to be Tuesday January 10. From seven to ten. We states almost midnight last time management questions questions regarding buying approve loss which is in our preserve peace now claim which is. The proof lost status February. 11 twelfth. We also talked about deal with the mortgage companies. All the issues that we deal with it betraying now. Like you know it was a nightmare deal with interest companies that the SBA or any of those other ago while. So mom yeah just call the sedate 371304. So it's at that reach. Holiday Inn seven to ten on Tuesday so it's a woman Leo or so on airline but he Thursday in talent if you wanna if he won his policy 371304. If you wanted to come in now. All comers welcome plus flip cookies too just go to line two is a question from Mike regarding. Will involving house him Mike now things legal Texans are now over Nikko. Yeah my it must build more of them ought to go holes to walk. At the time it would measure. They're the only it is sad that you bury in being privy to leave the cheapest that we would know we. Who'll stop all of our property she you know pretty keyed in this you know of they'll. Not much there. They bought a double together. Prior to be in order. Yeah they won't go you know well they would merit. In the border double. Saying he lived. They're view according got. Change do they got memories do matter where you what she has fully. Hit too close. Already it'll him the keys on itself Wednesday. And pain that she's been so who stall. It this year oil. Oh yeah I think what's gonna happen is that. Her children will own her have. And you know you did of course is still alive sushi he would on the other half and who he passes and you know his half. Yeah because what would happen is because I think. That would be and argue you know more about the separate community property issues that. I think that would be considered there each separate property going into the marriage are once they got married. I'm even though he is the surviving spouse who would be ordinarily entitled to use a rock. The use of truck only attaches. To your community properties so. You know I would think that. This is going to be a separate property situation where the bows. You know that you did you you did its second wife would. Leaving her to her children in that you rebuke coming air pollution that property. Okinawa so they have to month day. Were have opened a succession is yeah people don't know. There you you'd you'd meet you would open up succession or new debt I'll leave it alone for now for the you know if if they're not gonna open anything up on her I wouldn't. I don't know that I bother with the accomplished there's some reason for you do might wanna do it. But otherwise. Would leave it alone and let India live in that house for the rest of his life because if they become a co owner of that property with him. They can they can force him yes. Okay SE a figure. Okay. All right thanks for the bottom Wallace let's go to library Texans area over an equally weakened lowers all things legal we'll be right back if his beat Thomas all right we're back Texan terror avenue to be weakened lawyers all things legal prepare for a last segment who calls a law firm Kiki get in it 5048371304. Final 48371 through portico and since Terry. I was gonna Fredericks got a question regarding. Bank account hey Frederick you on all things legal abductions or amber Nikko. Yes. Dole them out life. I'm about to hold them on both Egypt he put them and they expect account it is now. In particular competitiveness. It is but he couldn't book. According to an abrupt that. It you know we're talking. Could that money back. Oh probably not and DNA. Documentation. Saying that. That's up from oral testimony. That you gave them money you like any kind notices or documents or. The vote yes well. I put the money in the bank that it department the money it. Problem probably not. You can try to make a claim the succession but I wouldn't think you'd be successful as those type of transactions these to be in writing. In order to be four in force against someone who's deceased. Aren't. Are about different. The you know one of the things. In general if you have a debt with someone who's deceased. Is generally has to be in writing. Because the union principally as you don't want people sitting over people's praise saying he said he would do this for me that he would do that he would give me this this is mama so. This transactions have to be in writing or news or in the Balkans will ill or salting the promise here in or something. In absence of that com. Eunuch and you have all right while that's a route almost rap on. Will be here every Sunday they so on all things legal shall be back next weekend you have any predictions for the Green Bay the Green Bay giants and the chiefs and the I mean that she's got about dolphins and style Osce office. Yours taken pretty easily just who does the quarterback situation. And I like green Grass Valley Green Bay and and opt out of New England in the in the super blog be my prediction for the dolphins Steelers Terry Bradshaw will be Bob greasy Miami Dolphins is very easily with Mercury morals and stuck in the says the stuff second seventh I'm. Trillions. You know I guess I've got to because we've got to get rolling you can call us at a law office at 504. 8371304. Otherwise we will see you next week so and so on all things legal all right we'll start Nam season I'm not so we'll see you next week on all things legal B couldn't be less than the next week.