WWL>Topics>>04-30 9:10 am All Things Legal

04-30 9:10 am All Things Legal

Apr 30, 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 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 guest 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 hey. Our concern Albert Nico your we can lawyers all things they go back for our number TV policy Teresa gulf war. He calls at 2601878. Our text this rates have Nathan got some techs will get to a little while. And also stay tuned in 10 o'clock four. Christian induced. To be on from tend to talk about the NFL draft give nick rates in there recap so. Looking forward to that. But let's go to phone lines we got married got a question regarding a signed rental agreement hate Mary union all things legal index concern now over Nikko. Hey merry little hole and so long. Problem. We signed contract. Currently the leader there are runners say that men are our property. And McCain ran for the church on the second while we found out the church is there. Iran and that they still want to try and we act in that Indian yeah asked to move out and so we kind of back at a contract with the up. Brantley didn't seek figuring native app that you ran very well. I hope I. Mean I respect go work. It's gonna depend I depend on what your contract says in terms of how you're bound. In what what are the elements of breach of their contract with you. And there are obligations to use so it's really hard to answer that question. Without seeing the contract. It seems like you know. There are providing you with tenants that or non com. Satisfactory. That you would have some cities so in who you have your property. So as if like us that it's just a real hard thing you know through without seeing that a I would think that you would have some relief and you. Yeah that would be nice. It's. Got to where you need to start to take a look at that he gets a little too complicated you can call us at the office com. You know the provisions of of breached and the U remedies for breach. Should be contained in the contract and if if not insert. And in revoked. Oh okay. Great thank you all right all right. At some you know woo we have a storm that's coming through witches and Nam we have attacks and we. Regarding trees and we really had had a tree question in nearly we you don't have wanted to. Oh Stockton is about the what is the question you get more often enough. My neighbor's trees hanging Obama property what Kennedy there there were ago it was this is the reverse this is. It's he has a history. If you if you have a tree near you are an extent that someone else's yard but not touching their house that wires or anything who's. Or anything else who's responsible trimming branches in your neighbors York. The that there is all a question of whether or not it the tree and it interferes with few reasonable. Possession of all peaceable possession the premises. And so. If it hangs over and touches the root for if there routes that are damaging the foundation of the house next door and maybe to shed that something like that clearly. It it interferes with your enjoyment of the home. Sometimes you know can somebody say you. If you're dropping. We use or some kind of you know berries or fruit or something although in my driveway and it's naming my driveway or are raking leaves everyday of the week. That may be something that interferes with your enjoyment of the homes so. Him. The simple answer is if you owned the tree you'll responsible for trimming. Whether it hangs in its technically you're next door neighbor can treat your tree is that your property. And there's some issues with trimming trees when you trim one side of a tree. All of a sudden it becomes a little off balance in might be more likely to fall in the direction where the limbs hanging. So calm you know they need to get our breast and take a look at it but it you know the question is is it if is it. Interfering with fear and enjoyment of their premises. Peaceable possession of the premises and if it is then they have the right to demand you. Now. Are you writing a book right now. The trees on trees trees over trees is that is that something that's in the opera now it's it's actually in the civil code is in the civil or there is little. Luke wrote articles about treason and if so who are responsible like case taking exams this week and and since he took the torch exam and that I'll be your daughter yes and she's first you lost these little. So if they have a trick question on the exam. And she writes Tyler answer in sight Albert Nikos on the monitor all things legal would that be enough to hold water with the professor. I think pick that she could probably I think she can probably go ahead and and quote what I quoted today could. Day of looked up a number of times a day Dave Shea is now. I think I think I think Nikko on trees hundreds of entries would be five quote it's. OK so. In terms of the weather. Of just become a looking at the national feed the radar. I'm guessing that we're gonna have pretty severe rains here in the next hour or so. At about 830. Is far back ago who's been there in terms of the live radar when you put emotion. It looks like he was in Baton Rouge in our our last our guests that called him was saying that there was some pretty severe rain and Anders did in Baton Rouge and that was at 830 we're here we are at 915 mile an hour later. And it was moving pretty quickly so my guess is probably about. 103011 o'clock we have some pretty severe. All right we have another tax if I purchased a retired parents home you have to charge him in monthly rent and I'm an air the property. If what he Weill and why would he if I if I purchase my parents conduct charge now monthly. You know why would he have to. While he purchased his parents home my parents probably still living there. And carry through this while we have to recommit and as you have for for an right amino I don't know legal reason Juan. Humid heat after the a mummy you lefties he's. Out you know. It's a good segue to you all talk T and we were coming across this more more. Yeah someone is especially since people have been longer or more people have a second marriages right so you might have spouse a little to house. And then spouse be marriage bounce today. And in both had children and you chart the go ahead apparently the start. If you husband watch this rule why did arrive and he's. You may yet be politically correct some of these people but anyway. And so if you had one spouse who bought a house and house in another spouse got married. And they both have children. Why's it important to have a world what could happen to that's spouse to boot into the house that doesn't own house I. Now we'll tell you this earlier on in the program when we were doing in years and years ago I had a guy call me up. And he he was married to this lady with thirty years. It was her second marriage that she had 23 children before the marriage oh yell and he helped raise some of them. Lived in the house that she owned help pay the mortgage on the house. Get all of a sudden. She dies before she dies she tells the daughters listen he gets the live in this house the rest of his life wasted no problem. Two weeks later after her death. Euro buddy. See you later was so in the house bureau ladies oh no he did it with him do that here yet he's grown it was her house and she dies saying he gets to stay in the house. So had she put that in writing. With you know in a you know it will likely use a product that he could have given him use a truck of the house and then her wishes would have been. Met. But her children apparently had older children especially com is an issue with the guy. And Atari came in office and arrested you don't fortunately there's really nothing you can do. The they're going to be placed in possession house. A sit down you might have a right reimbursement. For some of the money that you placed into the you know to to to purchase the houses. So you know you might have a little leverage where that's concerned in terms of an Olympia for this about a time. But and but otherwise solemn but the point being the point being if you had a well. He addressed dollars issues that would happen absolutely all right let's let's let's go to giant she's got a question regarding our reimbursement. On company went bankrupt pay Diane you and all things legally does he turn over Nikko. Good morning. Leon currently our hot little out of bankruptcy at the end of February and use and the leeward dealer in and because they double collected. That the comments services that it's been the year. And then I'll it just happened that at the beginning of January 1. My husband with Medicare your current Medicare they collected that deductible and did not report it. At the though. In doing it. Medical builders. Are now making it right now automatic Medicare. Deductible. And at it and it like 240 dollars. Hand. Count in the next deductible that the pact and that looked into news. While playing with the bankruptcy court loss of life. Is that where you know the time and effort for 240 dollars and I'll occurred. At our documentation. So yeah. You know I think it's right that well. You outputs is where you vehicle to recover that reimbursement is following approval loss with the bankruptcy. Court and having the proper documentation. And it's a bat it's a judgment on your part as to whether the time in doing that is worth the. Reimburse right up there in the trustee will be in sort out the claims they're gonna pay the secured claims first but then. Claims that are that are proven it to be valid it you know you you document probably will be paid next. In the and then you know from the unsecured claims. And then. You know I mean it's it's just a question of what's left of how much money's there to be hadn't. You know what you pay the secured credit is meaning the banks that have some sort of mortgage or some sort of a security interest in the property company. And you'll fall with the unsecured claims it. And I get. The next question is. It could get a lot fine print on the form yeah. If the claim that made and then they can you know sort through the documentation is adamant I don't think it you know ballot enough proof. That a lot lot Oprah sharing in any. You know court currently the no. Now in Europe captain no no don't yet know that's all done to the bankruptcy court in the the atrocities now and in the person representing the bankrupt that's all taking care out of out of these funds from the of the. All right let's go to Howard and Howard's got a question on a weekly tree question hey how would you got our. I looked at my neighbor country were about a hundred feet tall. And I go about fifteen and it. But you know all tree that all our pocket tree ring all. It is not. There it wander. Knocked it over the matter are the whole world. Really are. It could all of that property and property so it. And some are at circuit or Iraq. But now a lot that went back and so what. Your next step with Paris human. Com. You we should know file a claim with the justice of the peace. Com against that person. I would wait before I do that. I would maybe contact Ann Arbor and what's gonna cost a little money but it beats America that tree falling on your house. Home but I would contacted or residency book what should examine this streak on the would. It. It to them because of it's if it's hanging over I mean have you spoken to someone about it aren't. Open court or out of the tree at the lie. And there are not a lot but you know lean way over. Right now and give you any opinion as to go to the balance in the and its pentagon may be fall. It. Yes it's I'm you know. Are. What I would go big go back to that same barbarous and say look I need an opinion as its propensity to fall in the direction with that did trump is leaning. I don't want the tree falling among property Obama house well whatever. I. That's what I'll try to Girardi made him come out to see if you'd like they're. Incentive. Yeah and it even goes in and he the justice peace can compel him to care that we know that the treat. All right. All right thank at all. All right we'll be right back and all three pals all things trees I mean legal right after his brief time out all right we're back. Dexter avenue W week in order resulting legal us go to Beaumont was go to arts got a question regarding Charles born hey are you in all things that concern Albert Mika. I guys. A good fit was I had a question. Mark I have two children sixteen and dexterity team. Poll was what ignited graduate school like a couple weeks. And I post on notice that ma am forced to Corey. It didn't individual laws. Are more open child support payments into the different children on one year. And I talked to own party's get out there laws about your. And he told me that. How old lawsuit and the more that I'll be a little bit but it should. It which you have to do since it's your first child that's turn eighteen which you have to do is Bob modification. In its future I'll graduate next month and she's a to get the file modification. Requesting the chops room. Support to be reduced since one child as aging out a guy now normally. If you have a good relationship with. Mom or your ex wife. Now. Well you know a lot times you could you show on the chart EU he's shown here taxes my this year she says her taxes in is going to be wooden is U plugged in numbers and he credits for health insurance. And you get new computation but blog until we get a judgment you know to get it all well you can probably lying you can do it. And then once you agree to it you can do consent judgment. In a buyout with the court. But if if you can't get agreement with your. XY and you gonna have to apply motion to modify child support on this basis pitcher. Eighteen year old child is aged out in you want a child sport award based on that one trial. All of doubts about that. Oh yeah she's not critical operation and attack every bag. We file a lot of motion for modifications because you have children graduate from high school and aging out and there's not a a mutual agreement. Yeah yeah. More quick question sir. Yes but did file this motion how long you'd think it would take to go to court all that apparent human arm with parish. With Egyptian all six weeks you re done strictly that you be done so they're very efficient duke right now where more prominent there and monitor thought about that. Our current collection. Our yes that probably is. That would save the two years of child support the different yeah and it's it's it's not a complicated thing it's you do it is. It's very Communist army year you have a lot of modifications being filed in May because if children graduating from high school. And as a result but I can do much salt on Cammie you can try if you know how to fill out the pork. Sort target the paperwork. Rather mag I want to show you what you you order being born here they have the right thing it is so I do surgery and yourself if you can hey -- but. If if he can't I mean. If if you have some knowledge of the court she's if you do and if you don't you probably could you probably need help and our our. Karma man aren't on the lot we are back to our calls after this break we're gonna see yesterday's update local news we back about four minutes and all things legal so Alicea then they were fact that senator Robert Baker you weaken lowers all things legal you can also call so law permit final 48371304. Probable 48371304. You know it some text call with the call in phone number. 5042601870. You can text cities it's that's that and stay tuned for Christian Eric induced at 10 o'clock to Anthony's draft for four hours a draft for a pop and Christian witches and now he's in politics here and all the comments from all the listeners astute. Who nation drafted who'd voters are worlds opinions. And squirrels that Glaus and visit to go out there ever aggregate opinions that. Good. Sunday morning quarterback Marc Collins sunny morning. I got a couple of calls. All month let's go to the mark's got a question regarding purchasing his father's home hey mark you know the NC decks in there now Britney. More Kandahar. Hey good morning guys off hey I have a situation where my. Parent source so what are you actually struggling both charge problem that kind of man. I. You know all of there were warm it means they're cheers there in. They're built. Leases. So they were looking at possible reverse mortgage. Arm ourselves in the home if I'm Iranian and in purchase it there all. And elsewhere question earlier by track and winning at purchase where all. Allow him to live in the home BYU legally after all large. Bam orient. Now. Law which will like you don't know. Let me make it a bit more complicated. On what this question waited and waited and bought there all. But we did an owner finance situation. Com where I'm you know their premiums to. I'm gonna pay normal when commercial mortgage with interest. Does that complicate. The first question. Yeah I mean it is it if we view it. If your intention to give them some money to live on by purchasing their home. EC. NN can lead in practicing scoring. Allowing him to two little entry com. And and not have to worry about anything I mean purchasing Nelson's column paid in taxes. On the interest on home everything here in San. Yes so you cure and it your intention to have them pay you back from the lump sum perches. On a monthly basis. Well or to pay them no baby introductory interest in the taxes. Yeah it's never again I guess that's part of my concern is that I'm doing their. You know. I really don't want him after paying your ranch but I don't know. I'm in the states side would what is creates. What they pass. Where it would where it which created a burst so mortgage. Hasn't been killed. Com EEQ and it in and I'm I'm trying. Yeah I mortgage mortgages. Your goal you have other siblings is at the DO you try to deal way but yet. Yeah I mean you can you can just have a game. Mortgage placed on the house or no you know and in whatever that monthly amount is agreed that you give it back on the succession. But I mean the mortgage that you will going to put on that property. You're going to have to pay and you're gonna pay you the interest X out of it it's going towards purchasing that home. So we're you know if it's going to be your home regardless in the income. Whether you wanna just give your parents a gift and let them live there for free or if you wanted to. Comic settle up in the end with we have to be here if they don't have anything beyond. That home in terms of assets. And they spend down what you give them what to purchase the whole problem is not going to be a whole lot to. Justify. Payment and repayment do you have any amount that you alone makes things that they don't have. Rice and yes that's. Those are war emotionally I want I need to help them and are now warning help them. And they and so it's it's part of this is no way am I think in the that's where doing at the fact your gifting room. You know money at him and I have been so this is the way we work can hear it we were concerned about art should. After all spending time. Scores what what you know. Where I owe it to the stage the rest of the mortgage when one. You want so many things in Omaha and on house knew exactly gonna be responsible for the mortgage so you know are gonna odious stated. Our guys guys that column mark mark heartless as to Robert's got a question regarding well hey Roberts and all things. And actual technical. That's muscle is a marriage specifically is gradually. So you do it which tool though lose used to it yet so it's important. With children. It if it might die in test day my understanding visible light frequencies. Market from the state. Had received. Now not correct now. What'll happen is your children will receive your half of the estate. The view you look at it it's upon you cut the pine apple on death the pie is the community property. He cut the line have. Your wife comes into full each full ownership of her half of the pot. Your half of the pie do evolves to you for children equally. There. In naked ownership which means the owner. But it's subject to be used to frock in favor of your spouse. OK so she'll have the right to use it to you know live live in the house price at which you have to account to those shares for that amount of money. That was the value of yours stayed at the time it. All right but you probably wanna do probably wanna write a will tell you couple reasons one. That's not an expensive process. We've we do will packaged with a will returning. In a living will which tells the doctors you don't wanna feel like support. But basically what you can do is appoint you were executor or was in this case exactly tricks and you Gado girls. Put appoint that person to handle the affairs of the state when your. And you can provide for a independent administration of the state of the state. Which prevents the need for them coming back to the lawyer every time they wanna sell something. And they've got to get petition that the got a petition the court. To sell the property they've got to and I ties that they cut him and that's when probate starts hospital. 00. Well I'll need you know I mean people die without them all the time is it better of one I think especially in your situation where. You know you you want to dictate and direct. You know who is going to be the person in charge of handling your state went struggle and as opposed to having the four girls maybe you know not agreeing not agree that. Well I guess I gotta pay out of this guy. Well it'll save you money though I say it is a savior save money in the long run. You are right in yo we say. In a matter we say neck and ownership. Beckett showed us how we said he grown up in my Treo by the by the west esplanade and now it's up Artest go to break that secretary Albert Nico you weaken or as we'll be right back here is brief time hey we're back Texans have a Nico you weaken lawyers four goto light in round two aspects announced delays to the weather and so just want to let the audience to know that. Palm was gonna plaza is as Bo about dog bites tape devote you know Crimsley wouldn't turn over Nikko. And accurate arm on the border of crap what Ari across a group. Man of great pit bull. That pact. One of them told them they would pay for the bill that would. Well about two and. Our current count breaking out. Well I logical vote. Okay what you call back when your batters so let's go to it will create your by the way we look at the that are brand has got a question regarding power return he brandy you know all things Lee would actually turn over Nikko. More are real good. I beat him and PR they other post but to all of our met Corey. I'll. Her brother power the lights are the moms well our our. I'll bullet go over some research note that both her upper ball. And bill Lloyd dated a couple of border it's a bit edgy but he's built legally follow all the dirt all over all of Burton. I don't know I guess through a wrong Social Security number yeah I wanted to in the attorney can probably go back if you go back to the attorney and say look I needed to do an active correction. And have them correct the Apollo returning to show the proper Social Security. They are. Thanks let's go to. Lewis got a question regarding use of rocked they Lucia and ultimately the ducks are now for Nikko. Yup. On a book report. True that I. From what are different marriage that I race in America and there ever on the on the outrage and I aren't there and I have a well now if you win them or else. But my question is is that if if she would sell out late ordered life. And pilgrims miles or vote on property. The younger sport. All of can can she do. Well. The it's higher than they should do it out of human to sell that house. The much to all the sports. There there are different forms views of rock. And in they will you can grade it the power of the use actuary. To dispose of non consumable non consumable essentially would be a piece of real estate home. Down but otherwise. The use of Brooke would apply to that hoe and if you would not have the right to sell that home without your consent. In granting unit used for in Sioux and eaten Chinese that code article nine. Used to provide for you support the truck the surviving spouse. But it's a very limited use of Brock come it would require that the consent of the naked donors to sell the last in Wales you gave that person right. You'd. To dispose of its. I don't know where oh that it. The they get these are like who. I have a whale that's that's my focus on these benefits you know. And then all the riders were addressed your secular. Did you just sit down with your attorney and and and go over against you know exactly what the parameters are by and asked that attorney what. But it was Woodbridge used to have the flexibility do which you want to accomplish in detail you can do exactly which one let's go to final break Texans are governing could be we can lawyers haltingly right back after his brief time out they were back Texans are happening to you weaken lords if he can't get us on line calls that out Bible 48371304. Probable. For. A 371304. And Constance are law firm and do this. You know in the first 3040 minutes almost an hour program which yet sports talk about you know. Stuff that we really don't know he goes bump yes it's exactly. We've got. Ten phone calls on the line right now we're not going to be able to get to everybody good if you would. Try to call little earlier in the program it'll it'll help us get to everybody you know they look him. Here's our sport that I missed in the take Christian than you and talks sports I let's go to blows that dog bite you to better sell well. All right. I would you got far about three minutes. My neighbor across the street. He could prepare. And protect them and and their promise to pay about bill that would be very tech and they are well. Two weeks ago well. Wire walking around three trips to track down. And darn good about our lives in Europe trick or war room. Are you it. With parish. Okay yeah I would I would contact him at the parish animal control. And I have something done about the pets immediately. There a side. I would say it's been about money but don't. Go. Out and charging for the cut. Walked their work. And then went and got intern program to work here and you care. As the owner does the ought to house heresy in our apartment. It is trail. All right would you could do is good just to appease the loss as if the did it on pet owner knew or should have known at the dom the dog was dangerous and in exercised reasonable care. Our QB's. Liable if he could have prevented. The damage by you take little thought to running freeze so he's done so meet these additives so what you could go to suggest that piece file a claim against him to try to get a judgment for your palm crosses that in any Tom Lawson worked. I'll bet. One court in about thirty seconds. And then and move. I don't some. Vehicle and I would say anywhere. Predicated judgment partner he can get to you got a guy golfers in the and you can file. All right are right that thanks for the boat all right thanks for the call yeah we've got to. A couple of things can you guys a couple of text and you guys describe the obligations of exactly tour but will. Daewoo will do if you take tune in next week a little teaser will do that we'll spend some time doing that. Because now that the topic is because we have we have a lot of folks that you know. Get appointed as exec editor and and we settle out eggs you know telling him with their duties on their obligations that it is a responsibility. All right well this Iraq stay tuned for an agent special edition just sports with Christian Garrick and Deuce McAllister Christian is it right here finished up his practice he should be finished at about seven minutes that do the show and on and then we'll see in about. One week so be could be bust on all things legal state team for Christian indecency in a week.