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10-29 8:10 am All Things Legal

Jan 29, 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)

Assessing the person's legal matter often requires extensive interviews to review of contracts and documents and research of the current state of the law on the issues involved. As a result the information provided by the attorney suggested 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. Hey good morning to enter Robert FICO you we can ignores all things legal beautiful crisp morning. And downtown new wall because ecology 6018. 260 neat to have me on Texas heats in meets every. The issue legal question. Line entered Estes you sports question. Turn as Cassini question where are you surprised by anything but politics. There had to weed or we wanna stay away from politics or who can do so on but. Let you hit it a producer tasted it would be fun. You know there's enough political shows on the air today that's right they don't need to hear that nonsense from us Albert Nikko and we got Doug sincerity. And with on August you know he watched approval. His approval on today and now it's like a flag football game. Have no interest whatsoever. While. Almost a month to mama say this to the wives. Of our listeners. If your husband is betting on a Pro Bowl. He's got a problem yeah he got a gambling problem. And it will give out some numbers are alive. Of course over under probably about a hundred. Erica is like a flag football game they don't tackle the mount sack and coaches should reflect upon. It. This lack football pants Tuesday assess exactly yeah I think they ought to. On the do away with that argument Drew Brees got hurt approval. Number he heard heard his elbow or something. And years ago and in. It's just it's silly because some players who play in some of who won't play at a 100% you know and it's kind of unwritten rule. Com and the best players in the soup bowl teams aren't. Right. Right which services sun doesn't make sense either makes or sets some but I guess that we want at at. You know maybe after the break we gonna give out some gambling hot lawns. For you why this is the who's whose husbands are betting on the game so if if they're doing that B. He got issues in America big issues by now. And LSU basketball my goodness my goodness yes charities. Johnny struggling. And there there's there's a couple of coaching candidates than among at liberty to disclose but. At liberty to disclose yet but it would be varying interest and. Where it was one of you mentioned to me Hillary last week. Yes but there's no one real. There's not act on one side Erica a problem sack him among key. Well at on another note. My UNO privateers. Leaving their country and they do great they're doing great detail went to one of the games and shame on me for not going to more but. Yeah today when it if you wanna go have a good time. At a basketball and economically though tickets are ten bucks you can be almost sit on the floor. And you you can zip that close it's at the you know Lakefront arena league the games. In the and for another ten bucks. There is that there's. Forget what the called room that there is room where it is food you know decrease their food and beer in line. And you know these comic collectors club at the superdome you know small scale obviously. Yeah they're well coached I think their tallest player that starts is like 67 so they. That box they pass the ball it's just good group on basketball. You know they might win the state championship they have. The you write I don't write him ideology to play actually two of the game like to go to was the tooling and they beat to get a B two lane pretty handling. Via. And that what's his coach newspaper why do you like them we went to that game. The dish they're shrug. And again Mike Dunleavy this is his first year he's playing with someone else whose players in his best player transferred. Before before before Nam the seasons to seasons so he needs he needs and you see that's where I never did understand. A vote. Loyola university will pack two lane Hewitt oh. In vests a small amount in your basketball program it's not like a 400. People. And twenty coaches and all this equipment and all the scholarships. You know you with with. 45. Good solid players you could build a program. In there and get people come into the games in in making. A fun event in due to maybe get the city behind you have all the sudden you start making a cup tournament. You only need one. Yeah I mean three. Good great players that some say it's not it's 60% UT I'll unlike unlike football you need. When he probably thirty here in here's the problem with with you and with the deal it was they were ambitious building. The key for Lakefront arena exit polls like 121000 people so. You walk in the you can hear the basketball. Right you know because. You're not gonna put me fogleman you know I got a good thing go with three of 4000 people that can fit. That feels about it makes the Stansfield pack two gave you that that atmosphere you know in and that's what. As we used to play in what's called the chamber of powers it was the ups and is of the peace that are there and it was you know we've put it was like of a large. Large high school gym basically tells it like a big jazz yet maybe might seek 3002003000. People. But it but I'm telling you right on the action you go to the game you right dale watching it and and it's fun and it's loud and you know if the two when I talked to one of the coaches EC you know. You can't play there because it is. It's going to be Clark who recruited kid to come play in and basically an over grown high school jail they wanna I wanna play in this you know the bigger. Arena but the and you put him in that arena and they put in the 1000 people you know which is kind of a the conundrum. Those with a days of point Cooper. And when three which Cameron. Newton. And I mean you and always had a great game in fact when you. Well I think ten years that you last few years that the two employer in fort and it they used to pack. Then. If we well they're being sued for the bigger piece of the bigger game sure. And then. You know he means he knew he would won a state championship. And those infected ideology. Public rights. Play DB in the navy to three in LG one plan anymore. At a gala Switzerland Ervin Johnson leaves in removal. We'll and a decent little program to. Our job getting the finances belts all our key med team but the key members of the dilution story whose bag boy today what a grip he said look come on out here. They met in the parking lot. At the arena these a look at what you wrote over it in touch that and that. He'd hit recent show to practice more unity in fall down and hurt himself right the news news you know seven feet tall and too broad. Product. That's how dale dale brown that Shaq. When he was in Germany. Ands Jack wanted to ask a question in his day it was in the military as military. And ethernet. He had a question and he's here Aston. Dale brown says Lou would would rank. An army that he was 6869. If it on thirteen years old it is where you fall. Pitt and it was a marriage really hasn't ever since then there was. And the pelicans now the pelicans like. Bipolar. In there how can you. Lose. To Brooklyn on eleven game losing streak through with with a with them scored a 140 points and then you beat San Antonio. And you beat Cleveland right. Right and lose to okay EC blustery site so. Yeah. I don't know I don't know but. Yet it's just you know again. Does gamblers are you beat Cleveland without AG right on top of that right. And that you know Solomon Hill. All the sudden became last night is 5% in a mean the other night I'm SM three point on you'd go thirty minutes without scoring. Well they see that the way the NBA. NBA works in the coaching in the NBA in the the style of offense in India. It's it's 212 game. It's to a two game with your with your best player in point. In the case when you press play you'll kick it you know you've got a big it's good for our senate and he'll kick it out for three point shot in so. When that big when that stud players not playing. Everybody else steps up because they're not expected to be high score and if that. Probably frowned upon the patient too much of the unit do too much with the ball when you got. That the you know the all star player on the court. So it's just the it's it's the all these guys complain they are there all Jews top of the game. It's used to questioned him and green light having the confidence coaching staff that hey when you get the ball here we want shooter we want. Try to make some things happened in. You know they they do that with Jones and Jones came in at games with 32 points without AD there he wasn't even start. It can't I mean there's just wasn't starting before so it's it is. I. And again the good thing is if they can win a few games in two games out right that's exactly where a few games and make the playoffs and now have the privilege of losing one wrote Tuesday. To code city. But but they will have a very very solid bench because they've all got minutes revoke playing time involved you know. Does it had to play a lot of people through a lot of these injuries and com. I don't know if they can turn things around it outlook deceive. And before we go to break signing day is February 1. And we got a coach ago. I'm you know I'm all over coach. He I am number one supporter. I called for his job and arm when he B Sutton. And the numbers game it is but. We will see him clones. On some players. That column. As a prediction who knows his players. To war. And you finish probably tops out. And that's. Or only be able to routes since December 1. Because he could recruit torn a year because the fact. In the news going to be right so. Coach show sent out this year well obese next here on. All right the world launched call us with your questions we will have period you would know that by the first twelve minutes show boat we are so will be right back and all things legal after his brief time they were back Texans are Albert Nikko. A topple but uninsured motorist coverage will. Cars. A tax room and Casey fonts. He said he gave me and C six points for today. Now we know that maybe can be like clock via the little place in. Office and and very Africa name. Off it you director at town and also he says he's got a question for you about a tree. I think he's making. Me I don't think he has a tree problem I don't think you guys retreat from. You know night at the break you mention how we talk practice com a little bit it is uninsured motors. Goes. And how can that not have an uninsured motors car it's effective and very pragmatic. Yacht and listened. I wanna I wanna almost do this every week you know we we we. Both you partially entry work. Home. Too often all too often we find that a person's damages. Exceed. The limits of liability. The person that faults. Insurance coverage. Minimum limits in the state of Louisiana used to be tenth for years and years now it's 151000 dollars. Per accident. Those are 151000 per person 30000 per accident with one person if you're involved in an accident your injured. Only thing you're entitled to cover recover from the other side it's insurance company more often than not since it's the minimum on a lot of amount required by law these 151000 dollars. Well with the price of medical. Coverage med medical bills medical expenses these days that gets eaten up very quickly. Com. So to co owner of that. There was something. Called uninsured motorist coverage and I really wish insurance agents would work harder trying to sell this coverage because. This is some of the coverage that you believe. That most people need and in many people don't have don't have enough. But it's uninsured motorist coverage uninsured or under and should account for both. It basically kicks in. Win the tort fees in the person who caused the accident. Ortiz the person to person who caught Clarkson. The tort fees of two it's an education which it is when we're comprehensive coverage is not sufficient. To recover your damages. And so your your policy will kick gamble everybody's like blow up premiums to go. That experience that it's an I don't know but I'm just saying I don't want my premium black caucus I mean cloying. You make that claim yet it is a specific statute on point. If you make a claim under your uninsured motorists are crossed they'll sawgrass at the statute law right here or is it cute if you make a claim there's specific statute it's it is. That payment of claim cannot be calculated. In Norton in determining your premium because it is based on the fault not a view but on the fault of a third person. And so. We we you know we have I'm coming handling wrongful death claim right now. Go to the person had 151000 no limits. And then we're. Fighting to see right now whether or not there was uninsured motorist director and often to Richard Bowes government to handle. And certainly not enough for the damages but at least economy things. You know financially better for the person who. The accident and again it's a very small amount to pay for that coverage. You can get up to. The jewel liability limits in converts if you have a 50000 dollar policy. It automatically come to a 50000 dollar uninsured motorist coverage. And you just have to sign a waiver if you want something lasts or if you want economic only damages which is medical bills or lost wages but not. Pain suffered so. Your agent. Meets to explain that better please ask them questions if you don't have it go getter. All too often we deceive people. Who who don't have enough insurance coverage. Not for themselves or if there in an accident in and its spirit fall by four in for accidents where they're not at fault. This coverage picture picks it up and helps pay your medical bills and you lost wages in pain and suffering as a result. Of the fall of another driver in it even applies if you're a pedestrian. If you have that cup. If you walking down the street and somebody that you you're entitled to uninsured motorist coverage as a result. And it's also dropping integrated new laws area. It'd be very wise to get uninsured motors puppet whose era in order and Mark Roberts without insurance you with no insurance much less with him and what works with him and one yes. So and so therefore. You can really. There aren't a lot of times your medical bills could exceed. U limits that you don't have monitor just a medical disorder and else. So to the outlook I would definitely contact your agent because them to see it over and over and over again it's very frustrating. That. These things happen and then there's not an essayist and North American do. Yeah it's just say look you know just to get to 151000 dollars and walk away because is that it. And then oh by the way you you know lot's got to go to medical yeah medical provider needs to get get paid for with the. They put out so. All right well that. Sounds good so by the uninsured motorist coverage. It's what it's let's say it's bottom row gonna go to CBS news. Now we're gonna go to local news and we've Akamai four minutes no doubt CBS news we talk about a court case I'm sure with the executive order form. That period for the immigration so all right so we'll see in about four minutes on all things legal stay tuned. Hey we're back secretary Albert Nikko and here we gamblers we hear from ever he Sunday from 810 so tune in and we aren't as a Christian NAFTA today just don't know ago. No no room at that that's something else OK we get something I just assumed. I guess Christians in geared up for the Robles and her back he's Casey. Clinton. A monetary the NFC six points. And it's on to. Yeah I would take an obscene six point but I still think for some meal at the saint John Coffee so you can grow for the approval of that poll this in the suitable. We'll talk about suitable next Oprah. But. So I'm lucky you now earlier now's the patriots beat the patriots. So but it would be 87 sixth. Provo Utah this ship this but he was he was in six Italy lost. Him. He spot and he'd be probably hear these stories for one yes he would he would pass. I mean. Looper atrocities there in my arm and now. Yeah he's here yeah that are being sarcastic. But on you don't want that we'll talk a little bit about we talk about your garbage war. But. One thing I didn't saw statistic. News summary interest is very Berry interest. On my on my. Some mornings ago and now. I mean us weekday mornings. And ahead. That they it was 37. Billion dollars. Finding its exploitation of the elderly. Which means is basically allergies. But a lot of there's some elder abuse. Involving nursing homes and that's something but the majority of the far. Private exploitation of these financial. And is a lot of dynamics. That goes along with that. First of all we have the baby boomers coming of age and so baby boomers born between 1945 in 1963. Is that correct. Early part of that war yes XP to pass sixty choose their history and then. So you have those that commit gates the second factor is. We're living along. And are but we're living longer and maybe. Decreased quality of life in the sense that. Arm due to medical advances she may be within you know 510 years in a impair its fate is for his dementia. Alzheimer's. And you just sort of feel very own you know uses some formidable global search situation. I think the third factor is is that. Is that. The this is the first generation of baby boomers generation had a saving air ethics. Uh oh another words they used the parents came out of the depression days a tighten it and believing credit as well listening to they were. You know they were all in their financial. Paid day. During the dotcom era where. You know wealth was created rather quickly. Because they invested money in. This new technology. In this new we will of income and a lot of people made money during. Eighties in Chinese with with the don't mean just know the billionaires but also people who invested. All told to even like Louisiana between them Asian wall and then he hit people who work you have a lot of work in the refineries and who had there. Daughters are globally globally by early my effort for people but like locally here and Leo you had the thirty top forty workers that are primaries. With these fantastic. Deferred compensation plan or one K plans. That when they retired retired with the other the concept is over Israel for public workers and a bright but but then go to work. But then so you had all those facts. And then you have. Maybe there's children if you import option that he might have had one child that had a rough go and a quiet and then mine had some issues. Financially she's through. Maybe divorce or substance abuse or in vocational and she's. And what's happening now is when mom and dad. Get in paired. Maybe the child who hadn't seen parents along all comes in says let me start taking care will write a song are you close the lives a living live with mama and I'll take care mama. And then. One step athletes in other ways target into the Czech open so isolating them from the other relatives absolutely and up fighting that's happening more and more. Ahead I had a client come in this past week same issue one sibling. Moves in with mama. You know. There's no mud moved all the checking accounts to it to a different bank park there's no. Notes so you know and then mom passes away and you know scenario now they're left with OK what do we do. And is basically a house left and nothing you know. Nothing else and so the question is where do we go from here how to week. Go back a couple years and try to reclaim some of that in price. And aryan and that's what it's he's it is wood and moved on if they have some assets Latin. Who it's we would get the bank accounts that say okay. You know moms Donnie for years olds. And we have this chair and caesar's palace in Las Vegas right to go see. You know Tony Bennett. And mom never left the house ever now tell me how that is related to. Well in the in the answer usually get is. My mom wanted me to go and take a little vacation because I've been taking care so mom gave me. Mom you know Monday this month ago month a year to say that she didn't. And one of the ways that can be dealt with in you can do that pre plan with par returns. And then an even within your power returning she can give. Certain. You can devise would ever type of checks and balances you wanna use button in order to make sure things are being. Or the state has been administered properly go to some barber turned talks are ours would say that she can't get yourself. Property correct or assets from the power return or her children. Or you children right right is that the only thing to do is continue. A pattern of gifting that was done previously right which you can't really do anything new. And I also says she can't change beneficiaries to life insurance policies and in certain actions she can't deal correct correct but. I'm fighting warm war. These situations occur because it is not planning. Mark well and again with the power returning with what I'll do is is if you have a under the donation section of the power turning. You can only do with the consent of all of your siblings brought to written consent of all Newsom who everybody's at agrees on the page yet look what skip the grandchildren this amount. You know give each of us this amount you know threw for state planning purposes or whatever the case may be that everybody's got to sign awful. So. So we'll talk a little bit more of Iran. I guess you know financial exploitation and that's the thing. All right after his pre cal out on all things legal hey were backed exits are governing value we can dollars all things legal okay. Clarification Tom Brady's four and two. And Super Bowl and he's lost do you like or. OK we've gone about. Right and then if you remember of there's two times that Eli one who were spectacular. Catches made both in both games yeah. Now I don't retiree caught the one and his helmet right Manningham caught one. Over the show out of bounds fourth day Emily right out of bounds line. Fourth dale seemingly desperate to desperation plays. And they ended up when in the super blow I don't understand why I did that but I could tell you years Terry Brant short well because you that your. Lost in the seventies I'm lost in the seventh you are lost in the seventies I think you peaked a little earlier life I did. So I'm just won the Q a medical check Harper's finalized well that's you that's probably so yeah we should dog. You know we're talking much older babies. And there's a lot of like spines does a lot of his questions. You do to make comes in and says okay. This is what's happened this this scenario us sponges before the break. About one of the siblings moving in with my. Changing all the accounts you know taking liberties without power returning. You know adding themselves August to the account. Depleting their coats moving the bank accounts spending problem. Now I think as long what are the options is pollen interdiction. If because. You get it in front of the port one way if that's if you discovery. That's if you discover while. The elderly person is still laws. But now Elvis so if they're on via all of a sudden mom dies now what are we. Will we do army basically we dues we request you could do a couple things you can ask the court. Classified it is sufficient funds left over any fond of on common for team or funds that can that be to. Tied to the state to be commas in advance and inherits. That's one of the things that we do in other words to say there's 300000 dollar state I'm making it very simplistic right in there are street children. And and wanted children to hit 50000 dollars is unaccounted for noble whatever reason right. We we can get to court to order in connection with the estate. That that 50000 dollars is now considered advanced. In a 50000 now equalization payments will be paid to the other airs. Prior to eight equal distribution among the three run so that's one of the things now to. The difficulty is going back to radically. Trying to determine. Would would. Charges all our. Ballot what's not and we typically do is figure out what was the monthly range of expenses. Prior to that there that party getting into the finance teams it was like 3000 dollars of expenses per year plus some meat part mark. Plus minus couple dollars right gesture base. So if you had a situation where. You had mama dad program on Burma the pain out 3000 dollars just for their expenses are normal. Normally in that range and all of a sudden seminary out now months coming out right then you know. You know that pairings can be used to be a baseline. In determining. What has been exploited so that's one that's one of the things that can be that's typically done. Now sometimes the difficulties if you. Someone who has oh liquid assets and no real estate with retained. Equity in Newton the money's all. And an act case becomes more difficult but a lot of times. Were able to. Catch it in your sufficient money left in the state. So that you can equal closet with the other heirs if it's determined that that air. Pulled out money that was on author Ross or cannot be tied back to the state. But dipped to squishy things like this like if you are going to house's you have Rouse as checks before for. You know 23 herald tomorrow and then all of sudden they want updated on her house. The person says well mom wanted to he he said mom ones at the mis use right he's OK with you now supposed to care ever. Those are the gray area questions. Right that they deal with the judges normally say look if it benefits. The decedent person Darden. And that's a look at right but if it's not if he clearly doesn't benefit. In his no extra evidence to show that she intended you know to. For you know that she does he Tony Bennett Las Vegas it's much palace then go skiing on Lake Tahoe after. Dan this in. Don't buy that I think that was something. Should become the day so please do that let's go to break the Exeter Albert because you weaken lawyers all things legal will be right back into history Tom they were factors there Albert because you were in lower resulting legal let's go to Almonte is good attempt got a question regarding SSI disability. Hey Tim you know Tinsley with the X turnover Nikko. Excellent dunhill Feldman before shall be no me again. Been legally blond for about five year. And now a consultant in my personal attorney about filing and trying to get held through Social Security disability. I'm retired public school. Teacher taught. Medical should point and so I would hear as a private. School before that. And they'll lecture. But causes not solutions unstable right now and anything could happen in my. My caregivers you know expenses. Were. Probably Google you know outside for the year would yell at this well. Why I think how old are you Tom. I'm I'm one of you can put us in Eagan says security right now. No no no no I did not happen now. We're not talk a private schools are more and more about surest. You know through each day. Well. He has you're eligibility. For SSD. And now I'm not sure it's heavy on com. If you collect Social Security disability at 71. But you know what I'm gonna have to get back with you on because that's interesting. That the interest in question because mom Molly question would be whether you collect. I know if you don't have enough ports so security can collect assessed the so that right my thought now. For SSI. That would be based on a means test. And calm you cannot apply for SSI disability. If you are much if you have more than 2000 dollars in liquid assets. OK. Okay. Now. And but Miley questions how does that interact with you do you know sixties pop enough and now have to research that yeah Caroline. There's two types of SOA security this SS DI which is the security disability income. Which is based on having a disability and which paid in two. Your. Social Security number arts it comes out he says security right are. But if you don't have enough quarters would not be SS DI eligible. And there's Ray Lewis a security ISS. Which is based on a means test that if you have a disability. Have last in 2000 dollars of assets. You could be you could apply. Yeah up. Well that that would be the case itself. Yeah it if that's a few seductive and India. And I don't think I'm not sure that you can get us this act. I know you all of us. One individual for sure does nothing but Social Security disability in the wall and we've got somebody here now but it is is it's very hard you know situations. Yet yet we don't what I would do this if you. If you call me off are paying off our. All pero give you name of who does that so we got to go to local news national news all things legal we've got for our number twos and about ten minutes thanks for the call.