WWL>Topics>>02-12 8:10 am All Things Legal

02-12 8:10 am All Things Legal

Feb 12, 2017|

Doug Sunseri and Michelle Demarest 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 attorneys in 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. Good morning dioxin Mercury with spotlight. Turning the show cameras. And Terry. Cameras use stage name aching. And now all things legal you call T 60187. Or Texas. On the big 870 or or you can listen to that video it's AM one point 3 after the morning. And Cheryl thank you for responding to my elbow. This morning and knowledge come in this morning you Phoebe and Albert. You know is so much i.'s artists want to he's now saying. That. The couple ago. Integrate opponents out and so it's it's it's it's a lot easier on the guys. Yeah Alberts actually celebrating. The second ago. Eighteen and it it is for grads congratulations. Keeper. It. For you and I'm iriki. When. Yes you get. Where you were. A party. And we have. Our eye off the it's so he imposed a senior GO. And I think these analogy. It's as you know. Just my knowledge is great she anniversaries in history. It's an EU any. Everybody buys even if they have a rock is still feel the same. Oh or. You are true. I'm even more crazy about. Tokyo. Is that he spent where where where Cotto family. After the southern miss game. We were coach who we are coach what is remembered that morning. As I did it tomorrow bit about prequel. We were in well he's church members and church church McCain. Pastor Steve. New York that's this press conference that passed yesterday that down. He we have little church prayed for. The prayers were. So. We'll talk about. The talk to about march it. Would talk will be about tornado. Tornado victims. There it. That's why an office award. At. The moment and then. We'll talk about that will talk about these developments this orders them that's your answer. Your area. That's expert with. Louis area we take an expert there. But you answer that. State state so on and offshore. Seoul will talk will be about that com. Well we also to weed we. We. It's oh well first I want this is just between unionized for now. Are LSU baseball starts. February 17. I had to do listen to a lot LSU basketball games on in the car with the girls. Because. This is our got to it's easier in ten. Well but I'm just put I'm I'm talent mile. Route with the sound and I'm just you know let their body though in this NC units concerned family. That LSU baseball starts. Thursday may play 34 terms who week. So. We just taking it from cards going to be taking different cars. Well I think I can watch basketball he never been to a LSU baseball. Now I have you love the Yankees like the Yankees is just not listen to it am I don't have gotten that mindset or. Baseball is different than football is football like boom boom boom boom on a fast process and basketball when you listen to radio it's actually too fast but baseball allows your imagination. To Ron. Because there's a lot baseball is two minutes of action stretch out of two and a half hours. Just sit it out of talks with our a lot of different things effect while we're in college. We used to schedule our classes around Chicago cops. Because we'd love to listen to Harry Carey. The know remember Harry the of their carriers and it's that he was baseball announcer for the cops. In the old old school baseball announcers probably out of old buddy do Alberto and those type of old school type of announcers. And we enjoy it. Harry especially after the third fourth inning because he advertised but wants. You is a very good spokesman for Budweiser because he participated he would he would. Test out the product throughout the entire game to make sure it was a suitable product be endorsed and so armed. He'd he enjoyed. Consuming the adult beverages but so by the third fourth or fifth inning he was sort talk politics you start talking about stated world talk about young people talk about you know. All the subjects that are totally politically correct that this ally like Jerry Springer and here in it well he was he would say things set you know one time. I'm out I'm scared to say it that Americans pockets sake as Eric carries went on it was a pop. And and answer ought to stop us from South America or one of the Caribbean countries and you know the ball the ball on. The ultimate trial meanest applause and he says that the sun was in the size and he couldn't understand it because they came from Caribbean country where the suns always shining. So he says stuff like that. Get PP now which would probably take people the air right now. So but based my point is baseball. Has a lot of you know you can use your imagination. When they play you know in in in describe in the game because. He he sets up to senior day talks Petri take it takes the ball kicks at certain. Stretches armies is a life. Oh did that they still have answers that if I. Yet I mean his lifetime we have to fails so you can really use your match but the point being. It. Becomes LSU football analogy baseball's. So what can we do we visit accuses. And that if only you among Goodell. On. Arctic. Nichols state. So high we you know and a do we need discuss everything else that we own household and you know. Well like apple to change. So you think worst or talk now you know in Allah to start will be on all star game to your next weekend. And we got. The pelicans. Houston that was cited it. That elusive. The jazz by thirty so appointed moment of him in the so it'd the first quarter by twelve Friday night and it wouldn't gain on tomorrow. Justin OT without it like and maintain the Mullen mails up and down and we have weakened. I guess we can talk about one meals here. Well they won't get fined because they don't licences. That you don't listen to archer just their parents do. One thing too much ticket if there's enable and heels. Who. Who have listened just let us know Texas cities it's all right let's go to. Clean as. His name is currently cleaned they cling on all things. Yeah it's. Cool. I. Call a quick portion. On that question. Well shall. And so you. You. Roll. Period do it before. It can become obvious speed active. Active. What it is to turn period you in your reaction. To it like it is for. The. Well it is if you betting on what court militarily got fifteen days to file. In the iris I defy you respond to be gets the guy. Now generally what happens is if you get a loss seat you can ask the court for a thirty day extension. After the bubble for the and his fifteen days are generally granite. But you have to file sometime for responsive pleading within. Fifteen days being served with the policy where this year comes knocks argued to warn you. It no matter what you eat your life. Yes you have to respond yet the response saying I'm right he can't say well. I'm rights on the respond because they'll do go ahead and judgment can't you without your response. So now if a lawsuit is an active. For three years where nothing has filed into the racquet and it's been the bandit. Says tonight it's siege viewed. And there was a response and the person who CG did on anything to record for three years and after that Parker's it's deemed abandoned. I think. It just needs it what do you like there's not a good the Sony. Made a couple years ago and responded just like pizza in our responded. And I haven't heard of it bank back it and act in a year from now the audit and he comes back and keep trying to go to law against being. That while you have to check director to see any activity was in the record for three years. If there is no activity in the interest court record to three years and it's speed that the and and now they cannot come back and see. What you are. Absolutely you. What they have to do they have to file something in the record to start the three year pitchers Hoover yeah. Now now now well if if you dropped the father's answer. You father response. Unless you get seat for unless you get like I some type of others last touches of emotions. Judgment something like that but. In order for the person suit to keep the case a lot apt to diss some type of activity within a record for three years within three years. So I became the example EB country lets you receive in January 1 2014. You responded on February 1 2014. OK it's February 2 20173. Years later. You look at Iraq and nothing was done since February 1 2014. No notations in Iraq. And that their cases the demand. Broke down. All right. But if you. The reports to. Yeah. And of course it made me. It depends on the request it is if it's a request made through the court read it instantly it's if it's a pleading filed with the court I keep that three year period running. If it's just oh letters back and forth. That's necessary to. Okay surreptitiously. In Sydney they don't know what are keep. He knows that necessarily. But it about the direction it would. Argue that an expert let's go to break Texas area particularly weak Michelle. Oh my goodness that's meant Albert we'll be right back at his return they were backed Exeter job numbers up and legally or week indoors. Okay before we go to alliance and questions regarding the Charles sport. MG's. I went on a rail last week about lead the arc. All you heard. And ego I am one. I don't think she wasn't crazy about Arden Thompson lotteries. But. I heard she was okay. So much. That because is his thing. But kudos to Lady Gaga. Is I think she heard our rant and maybe a change in Asia that changed at to shoot conform with Moammar concerns. If she didn't get rough supposedly cheating is cheating get outwardly political. And by airline wants to listen what your politics on who thinks that people had read since death into the pattern and an intent that car so she did a good dose through after it was on net and fell off. Yeah it was dead. So so let's go from Lady Gaga are to you Charles port rules which is a logical transition and that's an issue that is. And they have some new rules that are in place in new laws said. On the other relatively new but you know we were talking about. You know. I I think and that I have statistics to back this up but I think our generation. As parents have a we're or having more kids who are. To any to any team that might be having. You Artie is as burgers for these kids there are needing a little bit more support to radiation ADHD. So on so we're seeing like and then you're doing more and more special needs trusts try. You know we do a month on the on the north shores well but. What we're seeing is we have kids who in which house sports not an and at the pages. And eighteen or nineteen for them or even 22. It's going to be it's going to be a lifelong. Obligation of the parents and that's for children who are deemed incapable of supporting themselves and they require substantial. The social. So backtracked normally child support and win a child makes eighteen graduates from high schools or. Yes or if they are still on high school. And RD eighteen it stops. It's that's when they graduates Oden goes through the age of nineteen and they're still on high school Parker and then if you have a child who might be developmentally delayed. It can continue to 22 is on MS is honors are still on high school. Like Jack rock act and Jack would have continued as he was still in high school prestige of nineteen. On Saturday ends a 22. Then that's developmentally delayed then if you have a child who need requires substantial care. From a physical or emotional standpoint. And that's not anything to do a substance abuse or added it has nothing to do with an addiction so I can't be a child who might be addicted to. You know two drugs and they are therefore impaired it has to be a developmental. Or a psychological impairment and that child support can continue for the rest of their life. So evocation. And says that change so normally. Charles sport and it's one that child reaches eighteen graduates from high school whatever cars. Later basically. Through then but it can't go past 181990. The second category is it to develop man only this delayed. In their high school they could child's sport who expand to 22 career. And then the third category is if the child is incapable. Of taking care of themselves child support could be for a lifetime. Yes Messi and then they it there's a definition of its. Average down the words just to give beautiful definitions is incapable of self support him requiring substantial care and personal since S supervision. Because an intellectual or physical discipline and that's news. I'm viera eat fairly now. Parent in the room were seen it more and more put into place. I grab and more cases where we have that issue or have an get a curator point eight or tutor appointment. Because at that point and then the children eat if you haven't done it continuing tutor ship lies that you've got a major child. Who really needs to mighty appointed. Al and we got our work do you accuse ships also later but basically the child has to follow. For Charles scored against one or both parents corrected the major child through a curator tutor. Files for Charles for against and that's parents. And then and his parents could that's different because before the law changed that someone had a severely. Child with a lot of challenges or in incapacitated. Charles sports still winded. Tony and add it into 23 back then but now it goes on all the way to for a lifetime. Correct and a lot of parents but they don't realize is that they have these children. That they need to do that continuing to leadership. Before they turn eighteen or Elson a whole different animal and you have an idealist. I disabled child who is now a major. In any act an account we struggled about that. Armed is that continuing to chip allows parents to continue to. To exercise. The Oreo that reached eighteen in that process lot quicker than in addiction problem. And we'll we'll talk about that after the break but we got to go to a CBS news break they were backed exits are Michel Paris all things legal. You know you can watches. Streaming live on FaceBook on an eco and Terry. FaceBook page text answer show. Sincerity which is a little weird it's weird slow getting up early he's. Just on him. And also LSU whose eleventh straight. This. Time. Member member last year game plan Bruce on peace and made that shot. Query is run through the house. Come. Until now. So he is. But we've come a long way out as a freshman nineteen. LSU is going to the final four it's silly re enact that we see treaties about to animates. And Greg cook and Leonard Mitchell Ethan Marten. Com along ways that. It hasn't. Been. His coach but we're gonna we're back with that call let's go to Al's question regarding wells they value at all things legal text Terry Michelle numbers. Yes. I would liked it won't it. It only mine in child. In trough all that is true bill this is. And just income property what I've been in com. Not necessarily if you draft trusts Barkley. You can leave. Property. In a trust where you may maintain income. And he would be the beneficiary. And he would. Be able to he would he would own a property which you'd get the income. Or don't let it this way it's written a trust is very very flexible. And basically would turn you know attorneys is that he would he want to happen and it did a vehicle for that to happen. Now as you know be a trust or would have so yes you can do that. Is it also you can even manage your property also too as a trusted. OK. Now so. It these. Too much on in trucks. My hole. And what I and then importing and followed all that should. They you could yes. He could. It or you could use you can lose to homestead exemption. Yes. Well it is odd is that it. Well either we believe we actually restarts that area because we overlook an ad for a piece of property I think that we heard. Hi we be determined that it's each taxes sensor and we its attorneys cannot determine it and it's really just depends some like. Had they view it. Yes some attack actually some attacks the sensors. Would view a trust if the beneficiaries living in the house. They'll extend homestead exemption. The beneficiaries not then they won't. So. I hear that and how are. Yeah but it's it's it is parish are pairs as you we are. Some some disasters woods would would would would allow the exemptions. Some essentials and dot silly it's it's it's it's really parish by parish determination. Data loss the same they just interpreted differently and so. You know their ego okay doubt thanks for the call let's do it let's go to jobs got a question Goran contractor for home repairs Rajon you know completely to service other. Morning appreciate argued. Take my call. What you oh a liability issues associated where views in a roofing contractor that doesn't have workmen's cop. Older learn how are broadening huge. Liability issues we have this going on right now especially especially in the aftermath of Katrina. AF. The worker is injured in equality and rue few would be responsible for his work was cop number one. Number two if the workers injured. And it's DT you can also be liable personally. For any injuries sustained. For general liability all so. What is. He lamb what would my exposure be limited to that deductible on my homeowner's policy. You homeowners may not cover that boom because he was working on your property. It may or may not coverage it would covered under maybe general liability boot it would not covered under workers comp. Because basically. You would be considered the implore. In onto workers comp if someone is injured during the course and scope of their employment there are entitled to medical benefits plus generally enters this hour. And that's not covered by homeowners so yes you'd be liable for the home on workers' comp and hello they had many homeowners. Who had workers who did not have insurance a lot of Juan document workers who were injured. While work on to its house in a suit a homeowner in homeowner was responsible for the medical bills plus there that time period they were out of work. It was a weekly Danny benefits so that you can have some serious liability plus. Brokers. Or trade they get injured a lot because it work in twelve to eighteen feet. Off the ground on a slope. So yeah. And it could actually die from fall. So. This same homeowners insurance may not cover that sort of thing. Now you you when you do that you played Russian roulette. Contest. Let's and that this is very valuable advice and I appreciate it. Thank you thank you apparent effect thanks for the call John you know this happens after the aftermath of the top you know it's like to tornadoes and is. You have semis or the golf picture root in my behalf the price of a licensed contractor. Any in obviously there you know wanna save some money into it but if they get injured which reversed. Or probably want trade they get injured more than any other trade. The homeowners on the hook and we we have cases right now where homeowners are responsible. For our workers you know renovations. Contractors who are license without insurance to injured. While doing war. I think another thing to tell people access because we we have has gone on we have that we have been in a tornado damage. If they gave you a copy if you say you bonded or you insured and they gave you a copy. Colin make sure that it's still an up to date it could be a copy somebody else's it could've collapsed so I was typical. Don't just look at the document file a lot make sure it is still an active. That's that's great that's great advice so when they when he gave the insurance. You could say call up the agency this policy still in place after that is very Verizon people in the east. It take heed them. All right those are break that's necessary our cheese and over again. Michelle cameras all things legal. And now. Flu and that the sofas looking though I tell you what I deserved so mark volume Albert Michelle. All right Dave agrees that we'll be right back if his pre tower all right we're back Dexter Michelle members haltingly Leo we can mowers. He can call so law firm that Bible port at 371304837130. Portland offshore nanny 624 in 96910. And we're talking a little bit about. Which children with special needs or capacity. There's one thing is very important if you a lot of people don't knows about continuing to leadership is because one person becomes nineteen may become the age of majority. If you don't have a lethal aid while a team in. Thank you but how and when you. And when you have a child to may have a very severe. Challenge such as it's terrible palsy or something where they are incapable of taking care of themselves. That if there's no documents say that someone else has legal authority. They're considered. The adult to make their own decisions but they can't make your own decision. So unit and a dilemma now. What do competing to leadership can do is any time between the child is fifteen and eighteen. You can petition the court and say look my child is incapacitated. They have this type of condition. And we'd like to have legal authority to over them air so they make eighteen. And so you basically which is politicians. Continue to ship. You attach information recording there. Condition. And then sometimes some courts require corners letter Scion that we agree that there the past and the judge basically signs. Signed today agreements science. One of the parents can be they legal representative once they reach eighteen. So a lot simpler. Legal proceeding could if you don't do that which we've had as we get some severely. Challenged. Adults. Who where did have a body of legal authority or another word to parents could get medical record to could get doctors couldn't submit for benefits. And had to go through interdiction proceeding. And interdiction proceeding is long. Longer it's expensive. As a lot more to it. Dennis are continuing to ship. Because interdiction proceeding app though appointed attorney. For the for the with the calls interdict the person who is being. With the challenge. Then you have to have a trial. Did you have alignment they curator appointment and childless. Haywire and if they went haywire here because they've made us go to doctors to prove the obvious. And then you know in any the cost of probably. Ten pounds much is continuing to leadership. So. It was. It's something if you have a child that has a incapacity or special need. You'd wanna get it continuing to leadership. And the tar between the time they're 1518 that says once you reach eighteen. Some I'll be charged their legal affairs. And and is a lot of practical problems as parents in that situation came in talked to doctor they can access benefits. And so. It's just very tough playing happily parents today in it with a with children might get there in a support system out there and airing contact as an organization and that's walk him through that. But let like the case and went arrive for years their many parents who they are on their own they don't have the support of a group and they really don't know what to do right. Toast in easily colossus in my doctors so it says doctor won't talk to kick it to him at a corporate is popular benefits. So that's what it calls the three inch diction which is. At least four times as much as day continue to ship so there isn't good information good information this break. That's necessary to show their arrests. All things legal will be right back after his brief time they were backed exits airman shot cameras all things legal or a week and lawyers. We go to call Brian Wilcox. And team. Caught up with some 25 years he's a potter Nichols act and we try to get him and they'll. The trial the Green Bay Packers. But he is saying he understands his wife went to travel by baseball games. Takes a separate car home because Brian's son Logan wanna watch games after. Just like you wanted to separate Corwin. All right let's go to Jeremy a question regarding. Cassie hey Jeremy and all things legal ducts and Terri Mitchell members. Which got aren't. To a baseball mama shall. And you have been. They work. Topic custody. She's now five years old on the custody battle wound up going to Alabama once I was on where. All I want custody battle out there and the reason a mom. And then let October has been three years. I mean about winners in my child still goes out every week which there. No doubt. The conditions of the house what that was an issue in the court. I contacted DH are out there about it. And they tell me. I would like is well search it happened in what my name of the year. My other job a lot where she caught really. Important kind of that you typically. Opportunities or job she's very enjoyable but anyway. So called PH or Intel beat cautioned that in our resident. That the stadium talk about Alabama. Actually. They do a check on welfare check on their. On this point that they describe too much but in my. Opposition with that is that. Or an Alabama judge that as a child my goat that there. Every Wii game that we and so. It from an Alabama judge that the baby goat watch each on hell. None. Can question. If you. One of rounds at an Alabama law I would have if if that happened in Louisiana Louisiana would do I would go to the court found motion with the court in Alabama. To request them kind of I inspection of the home. Eat if he had. Try not to do it got that lawyer the court that caught by storm idea and it's been so long you know it's been three years pretty much and you know it's been so long back. I figured you know. How's. It is it is you know it's about to make this stuff up you know don't you are well. Acts as a child gets older too. She comes back with more prevention you let what religion and I would. If you have if you have a problem I'm just contact your ear your lawyer in Alabama vicinity of that. Well the question that more. Oh god thirty seconds. Judge Judy the other day just that some jurisdiction you can get a I'm against the grandmother if you feel that grandmother. A threat to the child. Graham that we get you gave up arms against an action against anybody apparent threat. The judge. Saying all right is that all right. Will got a good two CBS news update in about to teens act and and then we'll go to local news we've got about four minutes to Judge Judy Xian Albert talk much as she last last week Heath that she's worth over fifty million dollars and all east issues. So. But that's rejects is really now like to as she says it is. But art call mama and there is who got to fill them 35 seconds but I mean some like the small claims courts is closed is closer to Judge Judy but not. Court when people look at it it's a court like I always say if you wanna do loss shows they showed lawyers at around noon breeze waiting for the cute crack open a case speak call will be very boring it was all right so let's go to CBS news update local news will back about four minutes CNN.