WWL>Topics>>05-07-17 9:10 am All Things Legal

05-07-17 9:10 am All Things Legal

May 7, 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 attorneys and guests of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice. Communications with the attorneys on this program with a verbal or digital do not create an attorney client relationship they were back for our temperature reduction. Here Albert because in order to all things legal under the BL AM FM and dot com gives call 26018. Amir Texas City seventy. 870. And we have you got taxed at the story well first of law. We hear Al she's playing USC. In baseball when you figure USC you don't think of University of South Carolina you think of right the trojans and but this is the East Coast version. USC. So they go I think you're ranked 25 in the pool analogies anywhere from 11315. And we got a text that says roll tide. Which is slower random from. 8205. Perry code which is obviously Alabama and and you know I thought he knew where the tide control. Around the bowl and down a hole as far as I'm concerned so they go tigers hard. And I take let's go to phone call is good it John you will go from LSU. Football two carbon monoxide poisoning it's it's a natural transition in net. And with John so let's go to John. You on all things they would actually turn over an ego. If Serbs wanted to find out what rights Iran might have. Retired. Exhaustion is kitten into an apartment. The by another tenant. The tenets pocket in response it has been east at ten years it has a couple of years. Owner of the property you elected candidate talked there and this apartment there's been getting exhaustion in generated. I'm good results. Owner doesn't believe it and in the it's cannon that's causing the problem. You know continues to Barbara talk there I have yet to get her car monoxide. Detect term plans to get on. That's of course. Yeah you've got to be able prove it. So you know get it did it tested you know maybe even have one of the environmental companies come in and tested get a report. And then the other person and owner will be forced to deal with. I mean you know you have to kind of take a little bit in the ownership of hidden and if you unit having a problem you you know you need to step up and in my have to spend a little money to do so but it it would be worth your while I think is opposed to having. Someone in your employee have that problem when you have a notice of an issue. The would like a government agency or independent or attest to be required. Mom a government agency would you know they may be able have some money from the DQ department Varma equality come due would you commit to call that office. It's a state office. Inches had that done. You can do it. They probably have a Mitt Home Depot little you know it's a sophisticated enough device to test whether or not this. Carbon monoxide poisoning. Normal carbon monoxide in the air. Maria Padilla but I would I would maybe start with Eddy Cue that might become and they might come out. And send somebody out or if you do you know I think you can get Dellucci. Carbon monoxide tester for 3040 bucks plug it in and it'll it'll go off if it. Detects. We're going to be helpful to recorded it on video that you are getting their results on new cars. I absolutely take photographs seven charges called the donor over and say look I'm giving this recording and it's it's showing elevated levels of carbon monoxide. We need to do something about it you know in sentiment that the attacks with a copy you know picture of the of elevated level kimono over and take a look for yourself that you something needs to be done. Would the robot will rebels could expect from contacted the attorney general idea that there might be your as happened. Today well you got to prove your case first I mean got to prove that you have the problem before you can reported. So you first step is to get some documented evidence. That there's a carbon monoxide elevation of. In the you have to establish the cause so. That's going to be the second step two to establish cause and make sure that none of the equipment in Europe unit. Is is causing it in. You know that's what say you might have to end up getting a report from someone that can maybe track. Thank you all right John all right thanks for call let's go to. Robert's got a question here robber John all things they let ducks in turn our Nikko. Yes I do I have a question. The it was a core action. That focuses fires. Boo. Is. Is this one got hurt. Is this. Aren't. Able to suit his own for the insurance company. For pain and suffering. Yes. Yes he can. Is no probation for not. Okay is you know like. We just talked. One got hurt. More heated. Yeah I mean theoretically you can. So he can go any passenger can go against our vehicle. And earlier I talked to them once and it'll yes her. Okay you. I guess that recently. But he is playing. Only instances like Q school or you're. They have but I usually. Report it is they but he is. Probably personally. Now army usually the funeral expenses are paid by the state. Brussels it was obvious they didn't have anything about your own pocket. That's us that's the CPA. I'm I doubt it but that's something. Yeah that's the CPA I can't I can't pretend to be CPA and this question. Our high. Thanks well. All right let's go to attacks well you know what we have not even when another tree tux ennui and anything entries point Bob but let me go to this one. If an owner of a 41 K becomes incapacitated. Mentally or coma. This is spouse needs some legal document to have control of the 41 K. Yeah. Yeah and it at that point because. The person with a 401K. Did not have a column power returning in place in the event of their incapacity. Then the downside of that is now be persons seeking to control that 401K and managed the affairs of that person. We'll have to file an action with the court to become the curator of that person and you gonna have to establish nearing capacity through medical testimony your medical affidavit. On pending court might one. And then. Get a judgment appointing you as the curator of the state of that person and then bring that. To the to the person the money manager thing handling those 401K accounts. And that will be and give you the opportunity to handle those players are a year and a power return. Or you do that at a time I had a tough yeah or to say that's the downside of not having upon returning in advance is that if something happens sweet. Personal fortune goes into coma becomes incapacitated. Then the courthouse to select someone. And you know you have a much more expensive process then and fill out and signing. I'll return all right. Let's go to AA now the text on trees for the foremost authority on trees. And Albert Nico who is writing a book on trees entries are you contemplating writing on. If I sell our rental property in my tennis. On those the wrong one. Yeah yeah I have a large oak tree hit highlighting ready to fall at the next big windstorm three force of the three will play an omen neighbors wouldn't layer and about a thousand feet from any house among liable to go away and and move. If you are aware that it is. Damaged. And that it will fall. You war yes you would be responsible for removing the the dead trees and limbs from your neighbor's property. Of course you would need to get permission to go on land him in arbor school and but. You know yesterday it would be responsibility of wars even if it fell. Bum and you had no notice of pitfalls in the neighbor's land you're still responsible for moving your property. From that neighbors and you may not be responsible for damages sustained in that situation that you would be your response from moving the trees from the. Proper K now the question if I shall Beirut rental property in my tenant has a lease that has never been reported the courthouse. And that person I sell the property. This property for a person picks them commit legal action against. Com believe it or not there is a civil code article that very very few people know about. There's very little litigation regarding it. But the simple answer is yes. Big do you have an hour action because you granted them in the at least the right to peaceable possession and at that peaceable possession as lost. You is booked the landlord even though they didn't record at least use the Wimbledon re responsible. For. Removing that tenant from its peaceable possession of the properties it would of cost associated with moving infighting in the location. May in fact be. Com. Be your responsibility. You can in a lease. Home. Negotiate that provision and have them waive that right. So in any leases that I have prepared assigned. There is a provision specifically citing that article. Which relinquishes the liability. Of the label. Insert in situations where you know they don't record release of four recorded notice of police and com. You you have been released from the liability in the event that. The property is sold to someone else if exit. But it's a good lesson to on on record patient leases. If you won the tenant side and you have a lease. And you don't want to be evicted during the trip during the term review les you need to record. A noticeable sees. Where is the Vietnam the parish in which the properties located. And what that does visit places third parties on notice in the title of the property. That if you come and buy this property you're applying its subject of that lease but if you leases and recorded the purchaser. Can ignore the lease and Vick chew appointee as a. All right let's go to another one. I borrowed money from a family member a couple of years ago just on a handshake. If I want to draw up written agreement which states Xia what I use. To Saddam to. For the agreement you know actress has been charged and repayment has not been stated. Yeah what do you what do notary side or back David agreement. Burst on notre doesn't need to sign it it's at its own problems are and promissory note of the of the party signing them agreeing to pay the debt needs to sign it. It depends on when the due date is done. They mean if you borrowed money had been paying on it that's one thing if if there is a particular due date or it is just a demand note. Meaning that when I arrived demand payment. Then that's when it's do you have some issues with prescription on the on a note and suits on a note. And how long from the due date you can recover. So you need to be careful there in terms of backdating you may or may not need to back dated depending all. It's eighty we actually of particulates and the word via tape commissary and effective. January 1 2013. Week active suited to it as excuse today so that that would probably be correct way you deal that. All right let's go to break Exeter Albert Nico you weaken or is all things we will be right back after his brief trauma they were backed Ericsson Jabber Nico you we can lawyers all things legal unite you with the gas that's fraud. Went suggest this price. Earth wind and fire. They were awesome there as. You know I also saw column. The Dixie cups they play it was like you Millwood you lose you know whatever it was terrific over the jazz. This lady had to be in seven innings and she was moving around like people who within with they think she was. All all end there're there are likely in the six yeah chapel of love was there and I think. In she's saying a lot of New Orleans condom use music and it was just fun fun though whole network rock. Did you got used to his work it and how you work I mean she left it all on stage a lot of people get I've just got to go through the motions but I'm telling you she had a blast. And and and consequently suited everybody in the audience come. You know what she got up and she says you know way. Is thousands and thousands of people here Jazz Fest you can be in anywhere else that you used today you do yeah. And you're you're at this you know it was it was just fun fun. And Huntsville is off they smile on the all right. Are those guarded. AJ you know tingling with the ex in turnover Nikko. Good morning Angel your shield all a couple of weeks ago account called and each other insurance agent recommend that he. Not caring and Richard voters my policy is coming up. And I'm just looking. The bodily injury aren't sure voters and floppy damaged. But I that they checked something else. All the policy. Problem. Well look at that age is about to get the wrath of Albert eco Hussein not get down to that well you know. Then the minimum required state limits on insurance is 151000 dollars. We all know how expensive medical bills or these days you have to you know just reduce the emergency and ambulance. EMS rug is thousand. So if you get an accident where you have to be taken to hospital in the any sort of treatment 151000. Dollars. Is is a drop in the bucket. And so. To protect yourself from the fault of third party. You get with skull uninsured or underinsured motorist or UN coverage. So what you you don't want to lower that risk. In terms of what those coverages nor do you wanna be able to. Hey WB it's it's a small amount of money even on you know high dollar policies. In comparison with which you're getting an agent a lot of time because it it is coverage. That is not. Well it is required by law a lesson waved. So you can waive its so they tell you yeah waive debts to their policy comes in 300 dollars cheap for a hundred dollars cheaper than the next guys. But be sure you comparing apples apples. But in order deceive you that money in Q that. You know get that business for you I think the agents that do them doing you reduce service you don't know. You have full coverage as they are and yet they give you. Com choices OK and more recently in the last you know pharmacy years you're able to nail. Obtain coverage for. Property damages home or non economic damages only. Where you can wave noneconomic damages meaning. You waive the damages for pain and suffering still collector economic only damages meaning your lost wages. Your property damage over sort of thing and sue you keep those damages. Com. Vote for lost wages and medical bills which are non economic damages for pain and suffering you lose. So if you know if you're laid up for a year and after two years because you can get surgeries you've had this and going through a lot of problems. Com you'll collect anything back for that only your medical bills in your annual wages. Right the yeah yeah yeah that's what you war that's what you wanna keep. Our. Project but you should get it doll that you can't get it all he can that's probably your best investment especially around this city we're gonna go to CBS news local news will back about four minutes and all things legal will be back for last half an hour till 10 o'clock this state Jim Breyer were back Texan terror for Nico you -- lawyers all things legal you can also check us out on FaceBook live stream on new excellence in serie a law firm page or Albert Doug's. FaceBook page. And down and stay tuned after us we're gonna have Kristian garic just sports. From ten to twelve at 130. Pre game to LSU USC South Carolina first pitch at 2 o'clock. Some state she'd just hang with Debbie that via all day let's go to India and text we have a couple of tax one that says. It's what Texas cannot hire an attorney to insure my wife perceives that her share my inheritance would be the approximate cost. And value all that is as you do you will. No I think I think what he's saying in the taxes that there there is a succession. And he wants to make sure that his wife gets her for her for a draw he asks so yeah we'll do that from. File have your attorney filed a motion to roll as cultural for one of the Ayers. A request for notes. And you know anything that the executor through its attorneys or hurt his or her attorney gets done. Will have to be. Not approved by you but you will be received notice of it and if you have any objections to and you can speak your objections in the court. And then that's often especially for bigger states where it's a little more complicated hand that. You know they they just wanna make sure that. And I'll be honest with you I've had situations where things were very complicated and something to combing cold in some things were. We have separate property and not you know and so. Having. Having another attorney will gather is well. And in nod and an adversarial situation which is say look we just want another set of eyes on here. To make sure that you know one air mightn't remember something or know something about a piece of property or in and you know that the other air the executive thinks might be the case and so I think it's you know it's not a bad thing to have a couple of eyes looking at. The succession in making sure it's it's done properly and also you could require an accounting deaconess for an accounts and a few come up with these figures for the value the station. We liked to documentation substantially correct or or the documentation of your expenses as the objective towards Dextre we run we wanna see your receipt. So there ego bomb next one analysis are dirty problem. Which can be done. With a homeowner that's discharging sewer runoff into a ditch the state of the state of Louisiana Health Department has been contacted on numerous occasions and still has done nothing to corrected unsanitary nuisance this is ten to. Or Paris OK this sounds like a client of mine had the same problem and actually referred him to an attorney entered into Paris. Put down. Yeah I would I would start taking steps with the property owner I would get it tested. Again just much like the question with a carbon monoxide. I would condemning his just because it's smells. You know we wanna make sure that it's. That I have to see if I can get the DQ over there as opposed to the parish and say look. You know with this guy's polluting. The state Louisiana suited the DQ would have the department of Armon quality would have jurisdiction to come out. You may be runs and testing and the state would have some some pretty hefty fines and penalties. For someone's pollution of the of programs. So. That's where I would start with the DQ see what they can do for you have them and represented about to come. Evaluate the situation and that might be you reached expensive as well. I'll. Let them as the smelly problem that is smelly problem yes it is. You know it's a shame it's because you know people are just. A lot of people just leave me alone let me do what I wanna do and that's fine in and that's how you know I think people should live by. When what you're doing affects others and or you're or you're polluting you know the price of the someone's property or your own property and that's a that's beat then it becomes an issue if you harming someone else than doing what you wanna do needs to be reined in. Basically keep you search to yourself keep your sewerage to yourself that right. Yeah. And now I want to go back to the I guess we talk about the succession question regarding other heirs the oh the other thing was it the cost. In the cost and that is an unknown most lawyers would charge you by the hour now is we don't know we don't know how much it's cool how big view status how much they're going to fight how many hearings you're gonna have to root and if there's something you disagree with so. If you would there's really no way to predict. You know it's interesting. We often get. Passed on May be something that's complex in the state are complex the war since Iowa how much is it on a whole lost. And would always say is when you go to your home contractor and you wanna build a house. The contractor cancer in you ask how much it's cost. You have to tell on the square footage he can't say well how much is gonna cost well I don't know what to square footage is going to be but just give you quote rush. You know out having already veterans you want try to make it yet what type the kitchen you war. And so a lot of times people declines could frustrate this or how much is gonna cost right. We have no idea what's gonna happen we have no idea how the opposing how. Party's gonna respond we have no idea as to Clinton she's or. Easy answers when you hire an attorney. How much is it gonna cost probably more than you thing. I mean yeah just to prepare people that it's not an inexpensive process and that litigation is risky it's expensive. Every day every Friday in Orleans parish rule day. When lawyers fight over. Incidental matter matters prior to trial preliminary issued exactly you sit in there somebody loses and somebody wins every Friday. So you don't know you're gonna win or lose even though your arguments are good arguments about you know I have legal support. Somebody wins and somebody loses and like to exit you sit there for two or three hours waiting for everybody else to argue. In you have to be there could you name might be called so you know you'd use. If if you wanna learn about the recent developments and law. US and ruled today for six mountain. On fraud and every in every division going there and then which you do is the Serb popcorn in the back right you sit there and certainly you know have popcorn and you watch. It's actually it's it's it's very interesting that. Yeah if you you get a pulse and two with new what's happening and what is issues today in Vietnam. So there ego so all right. Let's go to break X and area over Nikko Euro weakened wars all things legal will be right back after his brief time out they were back there since there Albert Nico you weaken lawyers all things legal. Longed for another twelve minutes and stay tuned for Kristian garic. We're just sports. This personal talk about. The saints. Draft and I don't think he'll be talking about and 2018 mark for a we have Terry have a 2018 mock draft do either that. Age. So saints and what else is on maybe you'll come ducky derby LSU baseball. Word got the text were time all the demonstrations around the monuments begin. Com. I think that's at 1 o'clock and that what they say they're around 11 or third okay delegate get a good seat at 1 o'clock. The and I'm guessing it's the lease or and I think they'll probably have traffic restrictions also probably so yeah the problem knows. Land. We're talking and we will continue to talk about I guess sort of team today's succession and executive her son. And the fact that you know again the baby boomers are now coming age there having all these. Issues that are arising from you know from. Baby boomers leaving living longer. One of the things happening is. Sort of interest thing mentioning dynamic she might have. And husband wife who's been married to the 55 years no wind but usually it's if you watched the past husband. And is an advance in age and then he maybe you remarried. Or have a companion men and there's a lot of difficulties involving that. Type of situations where you end. Deal with one right now we're finally got it settled but it was you know represented the second wife. The deceased husband had a daughter. From previous marriage. And he left many things to the wife left him use a rock for property to the wife. To a certain theories of Taiwan and so. It costing the group. Could ordered community can get along. Tried it with that within the new wife and didn't trust him and force the Michael like in your life. Was exactly tree Tuesday. And so. You know that was another thing you know she always thought the lady was trying to taken care dangerous and sure enough she hired an attorney. You. So why wrestler says her her yeah interest. And no there was a lot of digging done a lot of questions asked can send us this send us this backup provide does provide that. And though once we did. Must think she realized that you know her stepmother was. Doing things on the up and up and in accordance with the succession and with with the will. And it was not much that what she can do about what her father. Put in the well. So. Yeah do you see a lot and thank god there was a well because boy that really gonna fight. Rhyme or you know the surviving spouse and use of Procter and property and separate property whether separate community and his. He gave issues are so few other septa was a gift. Shore was it the party community because a lot of body issue saying well so also gave me this is a gift my birthday or for Christmas like airports not part. Of the estate outside of the state because it was a gift to me simulate all those type of issues but it's a very. Very leases are very sensitive issues sure because. You have to be very careful because it's easy for one party feel slighted and when that party feel slighted. Dan. If things aren't sufficiently described in the will and artists and ambiguous issues that is or area right. War dispute right. And and and and in you know. Fighting over and so. You have to be very very specific and and again with when you when you're drafting a will you have an oath turn drifter will. You wanna disclose those things that the attorneys asked the right questions unit is they're separate property. You know has one of the spouses in contributing to that's separate property is their right of reimbursement for the separate property. Just a lot of a lot of issues. That. That need to be discussed and so proper will. Can be. Can be drafted to to cover those needs. OK let's go to a final break that's Jerry Albert Nico you we can or resulting legal right back there is pre Thomas. Hey we're back the next secretary Albert Nico you we can lowers all things legal. You can calls Nam bottle 48371 through four and excellence necessary questions off there and we got a tax got a contract question. He says can coach Saban can't tell his contract and come back I'll shoot. I do it now. He does have a no buyout in his album contract he can walk away any time that he you know that is what you call leverage. Yeah. And when they have to pay you a million dollar million dollars a year in their tied into you or. Probably the next six or seven years these three years so off now I'm not sure. Yeah and you can walk away. At any time. That is the ultimate bachelor that's when you're the media it's you know while we don't want him back now we go we got coach ago when I. I'm rather rather spend the rest of my time hate him. What is now I think he's a terrific coach John Brady went to my right he's fun I went to Miami and and you know at Ellis you've spot was was taken up by less miles the genius. And so we ended up genius averaging I can tell you over you can and none of us in anyway to Alabama so. A few an evolution out of tomorrow my buddy Douglas thank you last night he had a great little. Cinco De Mayo party Jessica deceased again. So this thing is a lot of fun it's not effective he's overture is construction if you remember the guys in here they have their fix and dictating everything into in the floors and did a terrific job so. And then they were fast to now we have our bathroom and upright or fifteen Florida and there that Clinton got a bathrooms back but I you know they had to work around everybody being in the Kaman is out here working here while Sundays and Sunday mornings and yesterday the they did a good job. The word he says jazz construction that's the name of the party was that he he blocked off a little greedy was by the railroad tracks and in Metairie in. I don't wanna outgunned and out west cause we approach on Friday on home. Cars lined up like a parade and vegan Mother's Day parade tool with coral on who knows but it was seeing the demise hit three Mexican restaurants that lined up along yes there are lined up. So all right well that's a wrap on all the illegal act next week souls the then be good people I see you next week and all things legal state to enter Kristian garic.