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WWL>Topics>>02-12 9:10 am All Things Legal

02-12 9:10 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 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 seemed 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 or digital do not create an attorney client relationship. They were back decks of Sarah Michelle cameras all things legal Leo we gamblers whose call 260187. Texas' 878 Chevy on Debbie Debbie album. Negate every 105 point three app down WWL dot com. You can look at the live feed on our FaceBook page. As a plan to eighth. Yes communication. All forms of communication. Anyway. So we have. I follow you would talk a little bit about special needs Strauss. Possible Melanie Strauss. Was basically those crossed whereby now the basic concept is. It's a trust that'll as a child the challenge for a special needs to maintain their government benefits that yet also received the benefit of inheritance. And because the government says if you if they Trout who's on SSI Medicaid they receive more than 2000 dollars in assets. And and no longer eligible what happens at times people plan. Especially each row is that they may inherit the very modest amount of money. You know proper 101000 dollars. And it could be severe disabilities they lose all their government benefits and then did it again line and line and in my neck and back and you know. Front on two to three years. To supplement companies trust specially east Russell rose someone to inherit a child with a disability inherently yet maintain their benefits and that's what. Thomas' waiting on the line he's got some questions regarding supplement on the trust's special needs trust it Thomas you know things legal attacks in serie shelved members. Yes good morning my time my problem is I've got three daughters stepped in California that is problem. They own disability and they've done is done for awhile ago I guess but I knew it was taught to do did you check straight six. So I'm responsible. My question is what it is my responsibility towards him an opportunity however not immediately went. I was told they'll have to contribute. Well well what would happen is it they could be considered forced airs. Meaning that if they've reached the definition of capacity as stated by Louisiana law. You'd be required. To at least papers for two they would be. Entitled to at least a portion of your inheritance. Yeah specifically between Israel would do be ties to hale. So yes the three of them with split half. Oh. Well all right well that's two loss says that you know let let's say you have a state that's total 400000 dollars. House. That they would have to at least split 50000 between the three of them. And you could do whatever you want with the other fifty down. OK well thank you very much. Okay Tomas thanked them off and you know that's that's it that's it we've seen a lot some situations where. For example someone who's had a very very severe conditions several calls where they. That chop cookies nothing on there around. Care from sent from the from the government they have these benefits they have Medicaid they had a lot of a lot of help in this person inherited. 101000 dollars. And all the benefits. We're on. Because of the inherent 101000 dollar is our right. And first followed Obama's strategy. In order the team to be eligible these benefits and you beneficiaries spent 101000 dollars. And after that's expanded then you're allowed to reestablish for reply pro benefits. But does some a lot of news. Benefits take. Years. To get in front line you know waivers and that sort of thing so. It's special needs trust are very very important. And planning. Because you want your child to. Maintain there government assistance that we all pay taxes form and also have the benefit. The parents inherit. Or UK our third parties could you know if you got a nieces or nephews. Who's in that situation and you want it don't hate anyone donate no way that doesn't jeopardize here. There's there benefits that they're entitled to or receiving. And it just as he and and handing any united tucked in clients a lot you really need to play and you really need to. Two in and that's all part of a state planning that's just part of Gideon getting your affairs in order and making sure every you know everybody's taking care of look like special needs stress or just have an invalid whale are. You know and gas outset this before I'll say this on air. I had a couple observation knees it totally unscientific. I'm just on you based on my occupation. Parents with a who have children. With special needs. Adult children live longer. Than parity bill because those parents believe that he wants I'm not around. Nobody's gonna take care my special needs child like idea. That you had known all what they need don't need and just understanding them. And that's have in in that. Then knowledge seems to keep. Parents it's adult specialties. Children going going while number my butt Conrad Bain. A lot of parents say look we want our child the best quality of life forward Paul. And part of that is to allow them to continue to receive the government assistance there that's that's our government. Wants to provide them. And also maintain the benefit of persons in Harrison's where they can improve the quality of life so. These are supplemental needs trust sir armed. Or or essential. So that you char would not be put. Get in that situation where they would you know who's there. Benefits. It's it's. It's planned and it's basically about the plan. So that's some. Texas that if I passed away without a will to all of my assets go to my only winning tomorrow. And would depend on what kind of assets of its can mean if it. The community portion goes to this Travis best BSN in that shell all the assets pilgrims. Well yeah that was it that if there's day if there's a spouse. They would get a lifetime you so you brought that of the community property. And if there's any separate property of this State Street. But if you know if you want it to happen a certain way yet it will. And then you have others she's recording windows chorus she can have someone point as an independent administrator. So that they can do these transactions without maybe getting. Quarter proved to maintain my kids have. The probate liberties here. OK here's another question you Michelle. Could child support be retroactive to the data separation divorce or the start date that the court approves it or some other day. Tell support becomes. Becomes effective on the day you file for its if you file a petition for divorce him in the petition you asked for child support and custody. It is retroactive to be dated judicial demand. So that means like let's say let's give an example if someone. Polished words do Warsaw on February 1. 2017. In a request for child support and then you have a court hearing on April 1. 2017. On how much house forced us be paid how does that work. Then use and it quoted saying let's say it's 300 dollars a months and court would say. In and dad or mommy have an obligation to house sport to play its 300 dollars a month. Retroactive. To the data files in February 1 so you have what we call an accrual. Meaning it's it was a load which he didn't know it said that amount has accrued. And then that person would pay a little bit extra per month to eighteen until that accruals paid off. But what a lot of people think is thank expression they like in non support court. Making go to court and say I need to state to started forcing orient to collect child support for me my child sixteen if you've never asked for it before you can't go back to. You know when the child was born when that daddy laughed. It's from the day demanded rock. On. Curious monetary tournament yes McCain lies at corner involved in its leadership. Well. Law to Laura says that. A tutor ship when you have a continuing to which arm up continuing to Egypt continue to ship is this if you have a special needs child a child with physical. Challenge where they incapable management on affairs. That. But it from the tar pared their fifteen or eighteen you can petition the court stating that once they reach eighteen. Someone would be appointed to have legal authority over their affairs. In that process. Third there is a requirement that says the corner is supposed to issue a letter saying they have no objection to the two leadership. I think the question though is Wyatt corner because I think a lot of people think the corner just looks to dead bodies and determine how they died. But the corners duties are more and that. Right Nady did that the official doctor this parish rise recorder can can get him when he gets committed. For a corners the one to go in in deem ended they are dangerous to themselves. It's clear they have a lot of other functions and that thing that's why and. And so it's it in but allot some of the judges waved the requirement. The corners it is if it's they in their minds of enough information to make that call you haven't actors the you docs right given doctor's report attached. You know our corners and yours while we're at which point Anthony but you dark corners there's some prayers and tears down doctor. That's Roberts. However. He would drop well in the head you wanna read more tax yeah I was going to he'd done it you go ahead the remote. This is about things being equal does a lot provide equally for child support or spousal support regardless and Chandler. Think in this that question means if if that if that add to ask him for child support against mom as a matter does matter the gender and child support is based upon. It's it's in the it's it's an equation he take the grossing com. The mother of the gross income on the father begging she did it totaled phallic gross income. You look at it that legislative tables and it'll tell you what the child support would be for family that has that total gross income. You can DEA it's Palestine and deviation. But generally that is what it looks so basically they plug. Decline in numbers in an an an excel spreadsheet that's put Epoch moms and com. Well dad died in come in then you get them out credits and deductions for. Health insurance stake here. Not to get an entity you know ideology and Jefferson parent we take care right and then it changes. And then you have. Maybe some non like. Recurring expenses. Yeah it is the guitarist for that Internet and number comes out. Right yes it's it's but it but I'll let's say for spousal support it depends what Corey Perry and you know our judges over and the 22 and we have to go rate found in line judges. On and Elise appear remain and I think it's better because they don't always you know in arms bows support that's like outbreak is a value on money here is granted if you have a need in the at a party has the ability to pay but it's not like when our parents for. You know were requested are our parents' age where it was always granite from lifetime. But. I do you find in Yemen say this I do you find that the courts are less likely to get Romanians spousal support and a woman. And that's just and there's net and scientific I'd just had suspicious this issue experience my ex. Thanks. So on okay here's some more. Michelle does it cost basis for assets transferred from one's best to the other end in divorce community property settlement changed in the value of the date of transfer. Just changed and what is it tax effect on the community property settlement. Personally give a big caveat that county tax law was just looking out. I believe. This step up value is going to be that date because it's the same as slick and his famous if you inherited it. Two got it to death is going to be the value of as of the date it's partitioned so when we partition community property in Louisiana. We look at their value that on the date of partition. Koch. So yeah stepped up basis based on that the war's. Potentially are present properties check with you CP. Act giving tax we don't have C Pierre after may now we head to ADD. Eight here's doctor that's all that Moscow doctor. I. Now it is at stake they've nobody else does either all right let's go to break that in serie show deference all things legal. Will be right back it is pre term they were back. Texans serie can't ask mass Albert. A question today. He Manny is now here's the normal life now. Who's responded to my elbows on this with. Albert is probably recovery. And Utley is. Albert knows how to upon he'd if you ever impact. Albert has an open house for Saint Patrick's Day in this house off Metairie road eaten every year and now he has a great parties at great hosts that tell people. If your listeners alternately just walked in his house. Grab whatever you want to drink used to bathroom a year whoever food it's far. So obviously you know give you the address posted its Patrick paper it is and so have you what are you wanted to answers more text. Here's the line and what a parent passes away or the children who are adults responsible for any debt credit card or mortgage. They didn't he when you when you when you can hear you inherit Natalie at hits but that day so right get to play now much. It is able seeker on this one. Like it it is states are not very big. A lot of times with lawyers can negotiate some credit card debt panel that's the only state doesn't have to pay it. As the full amount if they're you know they could negotiate sometimes just for pragmatic standpoint. I think you can always negotiate credit card absolutely so officials armed wanna do one more he wanted well. Solve a Jerry Springer karma thing. You can and a my kids my daughters have a baby she's been separated for months farmer has it been for he's under investigation. For for something for something. He is girlfriends for Euro which they took away from the mom is it illegal to put another man's. Last name on the course certificate. McCain really know if if if the enemy and let's just talk about how to person to pick it. It is well cannibalize. Through it and go operas and that he has the end of the mother. Is the father of the Tehran aka as a person we learned in Moscow and the first thing we learned that it dollar gain may change the husband of the mother. Is that Zain that while the job now with the oak fell decisions. And that's Roseanne I don't know alliance team has solace at all as a change in within the within. Your mom. End as far as pretty another man last name on the birth certificate. I don't know if he's the biological father. I don't think it's even if it were you can't really do if it. Mean it is against the law I don't know and I wanna. I don't think they could put someone who's not the husband. On averse to packet until there's some type of. Greg met their legally separate me if I'm gonna petition for divorce it's different yes I would suggest you contact a lawyer before he. Right. Occurring let's yeah are we willing about. Forty seconds before we go to a CBS breaks it was gonna take to right there to the after CBS news and local news he's got a child support question that so but the husband of the mother and pitches in the U other I was the top. So that's in that but that. That's generally what goes on over there and says in these cases doesn't always work that way now it doesn't sound yeah. And that it's that it isn't. It's right on. Our tech tourney tested. It yet named is who's the ball in fact Sam's case unit you guys you know 34 hours. Oh yeah. All right so we won't we don't have time I don't that we two hours could. That insisting phenomenon. Who who your daddy's right mind. You that needed needed. All right okay we're gonna go to CBS is that a local news and we've got about four month for ms. wood to buy his cuts house or question or the guru Michelle so Lucy about form is all things legal stating that they were back there Terry of them assaulting his legal. Now you word we we just got notice yesterday did you work substitute for our. And you miss thing we're missing me is by a ball game at saint Marc right now for the X club. Obama national champions last year. Where we we got any reports on me. Supposedly they won 8 o'clock as their coach said made him and one night I think. But it just winds and ran out where where will we we're we're not. In this league. Not participants. Everybody doesn't get a trophy right. Now this isn't as serious stuff here you know. You know everybody gets a trophy for show enough cops Dunn is a winning and we isn't there and his butt kicking right there and we are right that's it we did it again mindset there tenant in this. Hour so. That was a Mark Parrish and against us. College student who like Igor out. All right. And I hope. That's my political. Let's go to. Two white. He's got a question regarding child support paid to write you on all things legal decks mr. Mitchell members. Yeah played good yeah. I'll try to begin as quickly as possible. But thirty some years ago I had a to child support. Cases that I would build within listed in the New York one as a roughly about 6000 dollars. That I format war. The other one is like about. Sixties profited from about about that the US state say that I hold. I had it all by south smoked pork papers won't affect the work I have already paid back about 53000 dollars themselves support. My question is it possible. Completely in this. I must sixty year old daughter that's been with me. Of 58 years old Nazi dropped out of eyes and stuff like that but I got a record without a contract issues that would be. How can I get relief from that it is from without that US state is that that spill whole. Of that behavior polo but it is it must SS how to resolve it. Whom. First to Don gonna say that. I know nothing about New York long about I do know that their child support enforcement. And their child support laws are different than our snapped the calculation that they just enforcement with the state. Moms who I would suggest you contact in New York lawyer. Who does child support enforcement. And and I believe it's the same way down as we have in Louisiana. Louisiana I EU EUR you can leave either on the civil side but he can be with the state. Ons have make street find a lawyer who's very well versed in in in task for manners dealing with the stated so. Okay. Say that we via that was so well be able to get help like that if that was what we've had a problem. Don't really think cell use the best she could do is work out a paper and a payment plan. But but if you have paid. In the calculations are wrong the thing you know you can deal with them but it fits jettisoning it'll keep a crew you know keep the crew in. So. IE out of context many in the Arctic can help with that. Okay that's not what I wanted to have a. And now yeah are. Aren't all right thanks for the call. Yes so on. Yes that is when you have a back the child support. Amount that someone toes. Like 3040000 dollars if you do use it willingness to pay that overtime work on a payment plan. And and it usually open to that the courts get very upset if he's shall pay any. Amylin Louisiana they'll start you know those are taking it to mean guess or taking your tax refunds just are taking. Says yanked her to wake you up and say hey you have to pay this taken take a stake if you take a federal. And the Louisiana what really gets people there take honing in fishing license and that of the daddies to comment. Well really it's there than. Take it again. Well often and so on an anti driver's license but you know he let you guys say they would rather lose a driver's license and was honey nice. Carts. And so all right and that an as far as you were talking a little bit about Charles sport arm. And we sort of lose to this. When when a calculation Charles Porter as if one part with one parent is paying the health insurance how does that work when it comes to. They also they get a credit rating direct payments have been made his party played OK and how they deal with this issue. Let's say you have some expenses by school expenses for either preschool or some type of next few uniforms for recreation and are on insured medical bills house at though. Well it's called the pro random basis so. Utilities and simple math is. If dad and mom each bring in 50% of the total. Then there are each responsible for 50% if dad if dad's income is 60% of the total and he just sounds over 60% of action curriculars are. Out of that out of patent out of pocket medical so it's not just to direct payment of child support that showed its LC a program to share of other expect. Let's let's let's go to break. That's necessary Michelle that is all things legal. Will be right back is become they were back decks and there are resulting legal or Wii controllers now. We had. We a couple of things on August disaster for explores the floods and tornadoes. Good news for the people and bad owners Denham springs. And who perished. And now it's very real Zachary. Central. Is the deadline for filing a proof of loss for you play claim was expanded from February 11. 2017. T may ninth 2000. So the team has done that to give people more time. To determine the full extent of damages flawed and that flat policies were a little bit different and the win policies that would happen in. In the Maltese in. And mass bill is that. You have to follow a proof of loss now by and more main guy in to the full extent of the damages in other words if he pledged her page she 50000 dollars in damages beat you think he pondered and the flawed. Before my main guys you folic fruitful loss. Stating that you yourself now's damaged or use right about money that the troopers and so that has been expanded from February 11 the may ninth so. People and airy got more harm to Leo with a pulled any damage was a decline but if dot. Yet the all pre loss. For the full month damages or FEMA has no. Corbett even dress has a long. It's that they get that does mean that that's a good game and Izzy I mean some people items are prepared her house causes George of materials and contractors and mortgage companies hold their money Aniston achingly so overwhelming. This mean extreme and we we got a little bit and Mina got plaudits. Who baptized and but she had he has he has some. I think now he had help. So the second thing now the people and in new policies he would their insurance Klein. That that's a win policy your homeowner's policy there's different coverages for that. And there's things you can do. First of all is you know reach a policy because there's a lot of different color cartridges for this type of carpet she gonna have. Coverage for your structure and heavy coverage for any non attached structures and other structures. You have coverage be contents for dossier of coverage through. If year T if you incurring expenses and lived somewhere else. Says called initial living expenses are a LE. So if you see if you stay in a hotel you stay in someone's house and you Payne ran because you can't give back their house insurance companies supposed to pay for those increased expense has also. And also appear house has been a total loss and it try to get a panelist to with a value of houses or are. Or if it's not a total loss but to try to get. If it's a total loss is supposed to pay the full value view pals that's called value piles. So if your house is on and is is a total loss that should pay that amount but if you have damaged it doesn't. Isn't encompass a total loss but it's severely damage. He can even ask for your insurance company give you an advance. So you can start repairs until they get a. Delist and. Let us in there than there at their lobby here in because the requirements different under file flood policies if the flood church doesn't pay out in time. There's notes sanction a tally but it is a delicate federal government bright but if you have a win policy with and should you know with the insurance Allstate state form. Citizens. They have a DD to pay within thirty or sixty days in the amount of on disputed damages after proof loss. And if they don't they could be subject to penalties up to 50%. Are up to double damages plus attorneys' fees that is of some serious talent he's. So the sheriff's companies once they receive that information or a little more respond allot more responsive than trying to get the money is not disputed now with the with the homeowner has to use is document that die damages in a way that it's easier for the insurance company to digest now with cellphones and and and in a taxi in supporting pictures it's it's a lot easier but my take a lot of pictures. If you have contents are ruined just keep a continuing contents list because it's hard to remember. Everything that's been damaged. In one setting take pictures of it but you put everything on the go from toothbrushes on top if it's been damaged or some. Or there's not usable anymore include that on your entire arc contents list given enough. Cash insane you know would it is would room wasn't located. In with an approximate values. Yeah one good thing is to take a video. Because that way you can you can visualize the room again to enter read to recreate what was in there but as I know we know just from you and I take you forget what's in Iraq. Absolutely absolutely take a lot of pictures in the more pictures there. All right let's some. You let it crawl. OK look let's go let's go break card and will be right back all things legal and we'll talk to gene regarding a child's poor question they were tactics and server September's all things to last five minutes all things we wanna say thank. They potter. It is awesome job. And as patrols keep this sort of straight. Thanks Dave let's go to follow on its Alaska to my. I was going to change got a question regarding child support AG you know things plea with ducks and their mission of Everest. I went right popular autonomy and the clutched them. The account that the true. You. There. We do have to especially for. Our support in it guest they don't change the amount they just changed then that tonight there is the time Peary. Bolt can pick. Up. Here. And weak on you know people are getting there. On the boat to now the he went up. Because they would both get the title total. How likely am the witness and. So that the question is yes most most courthouses have looked electronic access. To their court system to their court records and then you can either subscribe to them or he could even call the clerk. Court and outside court he. You go online and he'd have been filed you have to be a member in order to actually see it. Or hate it at. Although. Well somehow some of you have like one day memberships where you in the eye and let that Italian website there are you can call. Wait you know it away because I want it to an opposite monolith that try to edit it and we have got locked in. Gradually changes Youkilis caught a 371304. Michelle's office which an emotional 6496910. And Erica nominee probably would that help you thanks chief for the call is gonna Mike's got to Munich property questioned about two minutes by which got force. Good morning I'll make Israel quit. A 401K and brought into the marriage. From the previous employer. Know. Not be taken out or one day. It never commingled with community. It's about ten years old blues. Quite a bit of interest and dividends that are attributable 401K. Is that. Our community. And the interest will be part of the community now at that at the principal. Is it hasn't changed classification. Okay it's so it okay and that was pre. So the question correct term I. And then my next call follows go to Jerry real quick got about a minute Jerry. He on haltingly with eggs or Michelle to Everest. How are you expect bad. I have a question for you a reference to the concealed carry permit from Louisiana. One of the exception as to where you can carry it at a rate right and and the wording. In the air is carried it a parade. Of particular interest in me and the meaning of it. Visit specifically mean you have to be a part of the parade in the parade. That our our. At our I haven't pulled out Pierre act Canada pulled it up he doesn't think in operated just as parade. That released polling station per raider in certain other locations so and it is my is my understanding that. If you're at eight parade you cannot have a concealed weapon. OK so anywhere near parade. Yes yes. Are we promised that they wanna make a little rascals for eight neighbors say that the defense and that's why the Q. All right well. Lowe got about a minute left Michelle just thank you Ferraro responding and they keep this on me me me is Bob Bowden bowl will catch the we'll catch the play all school so but it gave I want to call you an endorser was phone numbers that. 9856249697. And they can reach me V in my lab which is Debbie Debbie Debbie died Democrats to laud doc. Com which is streaming live right now strain in time for now until the because. The kid got and then I'll law firm Nikko at some serie a probable 48371. Treo or probable 48371304. Think Albert will be back next week after enjoying. Those eighteenth birthday. So arm. Hope via papers today and now. I think is vehicle went about ultimate. And we win I think Digg has and I went. So there are 51 into last year national champion Asia so we're going to Clinton when only girl and other national championship. We got a high and it's my idol and an and now I'm all right so we'll see next week on all things legal beat couldn't be blessed see you next week on all things legal.

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