WWL>Topics>>05-14-17 9:10 am All Things Legal

05-14-17 9:10 am All Things Legal

May 14, 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 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 our digital do not create an attorney client relationship. Hey we're back our number two ducks and Sarah Michelle Emerson Jerry altering illegal and a special Mother's Day edition of all things legal. Will we get to Jason just decent housekeeping first ball if you taxes. Will give a shout out team mom. So we have happy we have a happy Mother's Day I didn't wanna give a shout out smartly did John Mark so who's one of the greatest now law. He practiced here and in new ball and uses the tenth anniversary Vista and we miss him. You'd yet Marcellus a game. He was guy I used to when college of law clerk thirty years ago his office was right next jobs here at the cowboy hat. He what he was like Beers and lie and just watch him on from off the court and he's great turn. I remember ever seeing him in court and in Orleans but I know my dad. Somehow our parents had some kind of connection I think it is along time ago but anyway my dad knew men he was so he was added element. We got Steve Albert joining us on FaceBook and when Mattel has his mother Kay Howard happy Mother's Day had managed AK discus. Stay easel probably asthma remain college in four years or so issues I have a good story about RT I don't I'll tell if I have time. Also. I think that's. And the other mothers oh you know wanted you and Mary. And there is ridiculous question mark Emery. And he's around a corner. So happy that today I ain't paying aunt Peggy there you go happy mother's fate he's. Gals. I met that is the colloquial sense and cents and a all right we got Jason. On a lot of his graciously held through through break he's got a co parenting situation basically Jake Jason you there Jason. And if Rodgers to paraphrase that Jason has a four year old child. And the mother of the child. They haven't communication problems he has the judgment child sport against him he wants some advice as to how to stay out of court is that correct Jason. Yeah. Or court and maintain patient and communication as well. Atkinson there's a couple of things that you can do from a co parenting standpoint in this is really just. You know communication tools. Personally need to realize that you can I can tell you so we have attack have parents give. Do the behavior that you would like Teresi. And make sure that your game in imam one Ian what your artists unionized and then a week to week give her the information you would like to receive. And then speak positively over even if you know even if there's a lot of contention. Anybody can pick out one or two positive things hey thanks for doing it hey thanks for being handed manner what whatever she does well with your daughter. Com you can also use the tools that past Halloween neat you know not not not don't give it a demanding statement that hey. And needs some more communication I need to know what's going on you know and what and what you're needing from car. And there's a kind of some of the tools. You can't force someone to be it could communicate there. There is always I'm underlined reaching for the lack of communication. And disagree try to realize that that is NDP in defense and it needs to be an apology to begin an hour. There's always an underline read and money just does not carafe communication is Monday they wake up and say I'm not gonna talk to compare. Arm. And in the situation and there'll be something where. Should doesn't hear something should likes or doesn't get what she wants and then my phone won't give walk per week. Court two weeks. And you know sometimes I hate to say it is sometimes that art time and a there are situations. Where you need. You need at least a judgment in place a court order in place that says. You know all communication needs to get through this system in saint Tammany parish les our family wizard which is an intermittent Internet based co parenting tool. Where the communication and it'll it'll pay your Smartphones at the same thing is attacks are an email. But all were all communications are capped he can't delete them quit the court system can get into it. And sometimes people need to be held accountable by a court system to communicate in the effective ways. I know for cases that I have if we have one co parent who is the awarding. The coping mining process and they do it enough times. Then the court takes delicate it's really not in this child's best interests to have may be shared shared his difficult you need to have effective co parenting communication. And that I have to read on to the court. Right now you can't instead I don't have a custody agreement. I don't have any control over that situation. Now you doubt that she doesn't have any control either so. You know it it. For Mia evaluated case identity of a four year old and even doing chaired. And the share it's been working in this now and no problems. There's no reason why a court can't continue that shared with some guidelines and in place Palin effective campaigning here the guidelines here that tuition ET's. Or look at or without having an expectant. Our attorneys for expensive court promptly justice would parachute you in Orleans. Well. Well yeah because then there's no there's no hearing announces they're so. But I'm pushing you can't and forcing. You know communications is a couple for about three weeks now. To have that control. Now what you've which you have to do your case is she probably have to file at least one. Court proceeding to get some basic outline to establish. And enforce. So that you do have some type structure this apart probably have right now in absence of having written judgment or Raman is there is no. There is no guidelines and I did think this is Orleans pack that is Orleans parish have deep they use our family wizard. They you know Japan I don't practice and some in some situations yes some situations now yeah so Arlen armed. You will have to go to court. At least on one occasion to get these guidelines and to place and in like as far as communications with Q&A judges would be open to Ichiro all. Are apparently wizard which just Internet based program to communicate also he can get times that she talked to the child every day elect a set time. That you know a certain time period then I'll say you'd hit the holiday schedule sets that there would be no. According offer our three or four weeks at a time so you would have you need some type of initial base foundation judgment. To work all follow if you're in that situation and so unfortunately your situation. And there's. You will have to go to court like in saint Tammany Jefferson Parish that it is once you go to court. This news. Go to co parenting class. So that you can figure out some parameters that work both for you. And in apps and to you know worked out yourself in the judge who make that decision which product that proposed. And Jason here's to my mind if it's if the communication is the only issue. You might have to think of Isaac Hayes at a battle I really wanna go fight in you know in in who and what can you live with. I feel like I can't plan anything and I can't do anything because I can't. Literally have your communication. But the other chooses not to we. But he had your child every. Other week. Then you might have to think OK can I deal with that communication for seven days but I know I'm gonna have my child every seven days and you just plain what you're gonna do during the seven days. Is the end tradeoff. There's no binding agreement for me to have forever so and there's Google work out or she wants to change that she. Well you think about it there's no binding agreement for her to have the talent every snow days anybody has any different. It. We've just kind of doing this for years without court or about 80% of our. And argue that question as sort of the ability in the on the majority of the would people do that don't have those fond of. Well a lot of times and I can't speak would have to New Orleans parish that saint Tammany parish we have. Come a lot of people filing press saying which means there on in any file on their own and their own without attorneys and they kinda. Model my childhood through the system. Yeah that's the same market or prevent a fresh. About special order. Now I would just make sure yet you gonna do that hire an attorney here has that. The approach you know my goal is to try to help the party see the process and not stir the pot. The bigger and Robert Horry. For people. To absolutely in which you might say you weren't able. It's gonna cost just a lot of money let's try to sit down unless China to figure out a way to do this without without getting ourselves in the in one others. Yes you have I have if if you wanna save cost and see if she would be up to is say look. I wanna hire an attorney almost been a lot of money you have to aren't turning can we hire a mediator. Who we could go to and see if they can work it out 23 hour session that. That. Could throw one. They could draw one up that would be bond semite it would have to file a proceeding. East and the attorney you can do on your profiler proceeded to file consent judgment in table to can be down. That that that would be a good in your situation now would be good news. Does that the issue that you hair probably could be hashed out about 23. They're not they're not they're not. Big big issues that can't be worked out. It was my decision to ago. Get the court ordered child sport just because of sort of definite tapping on an expense. For clues. This popular it is so there goes over that as well and it was changing going to open up that hug and. Bank. Yeah I would contact in mediator inane and define one who and and then you gonna eat. Then you're gonna need to Jai you have pleadings on out to file with the court in his me it probably referring to have to do. All right. OK Jason and I call. Let's go to break decks are we showed enormous concern helpings legal will be right back on a special Mother's Day edition right after his brief time out they were back texts Texans Aramis November's since they're all things legal we got both. By attacks on FaceBook streaming. Two. Happy Mother's Day. And merit and the nor he is now a coach would cornea and they don't have talent on pain he's he's on just in Paris school board he joined in. Which and Mary his wife happy Mother's Day in the because in the past twelve years ago and a great coach tell a lot coach coach Christian missionaries and the east. Do an eight bang up job with just Paris who he played everywhere. Everywhere he's got a Parker education and he to a a bang up job and he won an election no by Tony Gwynn and in a few. If you file on FaceBook he sees he's everywhere he's just he says. Good job coach apparently kids in the schools etc. right now also I want gradually John Curtis on Wednesday baseball championships. I coach now we can tackle mark that our church we got pastor Steve Robinson played for coach. Curtis point we do narco maybe a month or two without him giving coach spurs who. You're right he does he threw it in my hand wise great and the walls are that our graduate school and team. On a state championship. So we are so we're still talking about I guess we'll finish up that half hour with he's talking about co pairing. And you know that this court system. Has really evolved over the last 25 or thirty years when it comes these type issues couldn't seem like when we first or it. It was a lot more contentiousness. A lot more a lot less resolution and more. Contentiousness what now I think the court system is. Expression Jackson parish and saint panic parish have a system in place where he gives to parties and opportunity. To try to hash things out with the hearing officers. Pot and in and worked out before they throw it you know they throw it to court system the Medicaid judgment I'm. And I think you know again it's different then maybe the kind of case you haven't a car accident where. You have a winner and a loser. Or you are business you know. This is different because. There's not really going to be a winner or loser they could be both losers if if if things don't go well but it's just a little more well while you're dimensional. If hearing quarry in you in your in your in your issue is child custody or visitation you have a loser and it is your child. Always if you have two parents fine Overtown the person who's gonna lose is the child. And what I'd love to see and I don't think it'll come in my lifetime is that it's no longer playing the first is defending it's an array in raid the that the best interest of China. Because by their by its very nature when you have a plane differences the defendant you have the mentality that you're gonna have a winner here and music. And it and and that's and that's the part. Of the system like they had the movie the war of the roses him. Which was an extreme example pol. The contentiousness of a divorce proceeding could deteriorated very short period. But we see it all the top prize. You know damage that was something that was a movie that was and if somebody's view that the week we do see. And and and in need then. I never had some might go through this process. From beginning to and draw party and painting you know I've. Are really enjoyed this process is a good process I enjoy it became due and it was due. It's it's it's never. Even if you get majority of which you want. Which is very rarely happens. In a domestic proceeding of Tamil proceeding. He stood generally very unhappy about. With the process city staff and silicon attention part. And as forest just before we go to break just talk a little bit about. The effect on the children. As far as if you go through to cope carrying. Routes with a lot of compromise in mediation verses the calm in a contentious litigation brought. Only DR co parenting class the first class. We did the parents have to my dismay because split. And it re in an is a 45 minute. Inner view very well done if children have onto divorce from little kids to maybe fifteen or sixteen and here. They are thoughts and how they process if you really listen to that and then you take a look at some studies. We have a movie that stand on the it's it's had movie. But it's as a physician out of Adam in California. Who is that there really realize and that trauma high net childhood trauma and what it does from a physiological standpoint. You would do everything you could to stop. Any fighting. Listen into the children and they seem like it does to them from an emotional and physical standpoint people sale give up a kidney from my child. But yet there in court fighting that makes no sense. And and that's it in the and that that particular movie shows us. The I guess perception that the child is is there again in these kids are crying he can talk about. What it feels like to live and divide it. It is it's pretty. And so but the hope is it appeared that situation there is away is it land and its sister network in the area but it takes work. And a solid dined to. Ninety yourself nineties though aren't you question given this is that since its arrow right. All right well we going to. Eight CVS update in the and we aren't you come back for our last half an hour of all things legal and onto CBS update local news we're back about format assists eighteen agencies then pair were back that's necessary mr. Emerson Terry all things legal your weekend lawyers. On special Mother's Day edition happy Mother's Day to all the moms listening to us beat Texas will give year. They shout out to your mom will read out. And you can check this out on FaceBook which she on Europe FaceBook page on FaceBook page nick on Terry FaceBook page in good part is. If you wanna check this out visually Albert on the studio that some. People piece of the shot out there isn't even the empties. So he's still sleep he would Catholic youth as the thing that are you know he's he's pretty happy man and an inherent his gas after modes that. He down. In fact he he. He is a sovereign silence man I'm sure he's putting on quiet day. Most of their career series probably take me a pig's head off right now put them up on the Barbeque pit and the eighth. He can do a lot of different. In the army. He's one of those guys who doesn't like you is not a talent that he doesn't. Think he can do very. And around so I choose market and fixings but it'll Rauf wants on the mormons visually so. I think we'll have more viewership on FaceBook with Mickey's mother normally so. And was sort of change subjects a little bit with talking about. We have done a lot of work enough for the floods in Baton Rouge and we talked a lot about. The differences in five like claim that it is buying a claimant for homeowners have you know tree falls in house or. Our our tornado Klein. And they had a deadline. For following a proof of loss. Pre flight claim which was may tenth of teeth of this past past week in basically. To form a deadlines that if you had. Additional damages that you want decline. You have to file a proof of loss with FEMA. And your insurance company to preserve your right. To get additional. Flood damages or you'd lose that rise in other words he had additional damages. That she had been paid for. And you want to preserve your right to get at a later time US how to volley proof of loss. With the full extent you damages and a deadline was originally made count. And insurance commissioner Jim down one I think our congressman Garret graves did a good job of lobbying and a FEMA and the federal government. Especially on the difficult roll out their hand and getting the money out and getting accurate assessments on that they've extended the deadline to September for hours that's great as people so it gives another it's almost three months. Two ago and get a second opinion regarding the full extent if you damages if you've been damaged in Denham springs that breach in Dallas. Hello. In the war are now those areas if you haven't been paid the full amount of flood damages. Then you got flood insurance. And you can. Get a second opinion. From contractor. In you know a lot of attorneys she can get hard that you can hire them to file your claim to pol supplement. And then you can have. I a re inspection by the insurance company FT polish supplement and try to negotiate out for a a resolution for the folks and the damages just makes should the attorney key business Hannity and yes it flooded flooded as. A lot as is just a different animal it's it's got different rules is that different regulations. It's governed by the federal government is not covered by state laws there's a lot of differences. Involving. What policies. And they work. For differently don't get the penalties and attorneys' fees that she would if the insurance company doesn't pan out timely on a win Klein says it's it is that. Different. Aggressive different animal with a different policy that Ricard has different requirements. And so on you know what I'm we've we've been donut on the fact I think we're gonna put on a seminar in jeans. Was thinking about maybe toward the end Eugene before by at least count for fourth of July. With hit two seminars and batteries were prepared over 200 tomorrow people show off to explain to them what they need to do now acts. In order to get additional money in the flood claims status also program has been ruled out. At some point. Where they would be. Up to 65000. Dollars based on. Need. And and money being uninsured. That's been ruled out by the federal government increase it up I don't think twenty. I think yeah I think it's 65000. Now we have guests two weeks ago who's who who's wrong on the front man. Well we of it possibly have some contractors who administer that program. But I believe it would be up to 65000. Dollars and would be eligible for and I think come. On. How well look for work sign put on deaths for the money is uninsured right. He had to file any specific people or it is yeah deadline for that watching did you strolled the program around and during a break we'll see if we can ponder on the web site but say it's the people who wore on insured. In the floods which have an opportunity to. He may be recouped some of the money but the people who wore insured. You have additional time. To file a proof of loss to preserve before right on your building and also the contents. A lot a lot of people in vanished and have confidence. A lot of people did it. And what happened was when they bomb went through the first round the adjustments. A lot of people who substantial content damage only got a portion of it because what would happen is they'll say. Okay well you use your TV still works. We TV was it might work for another mom was there a terminal disease. And it was underwater for awhile and many org appliances sir is at sixty is it just for structures for contents to. What if he had I think it was struck gesture that is a program with the federal with the with the department treasury. That you can future sales tax back for any contents. And that was destroyed so if you had. If you submit a list. On to the department treasury science. That I had 8300000. Dollar confidence destroyed what they would refund 4% of that or 4000 dollars. On they have that program. Which would put department representatives tomorrow councilman and it helps a little bit so they do that the program doesn't. He competition contents but it will have to structure Kassim councils get back into he Gator right back into their house and now. Having intact and you go from there because under the flood policies. You have to win policies have flood policies to win policies are really mate make you whole. Because you get coverage for the time mr. archer house. For additional living expenses you get contents she. You get wind me and then I mean that you get structure and then if the insurance company is late. In arbitrary increases being like there's also penalty which. Encourages the insurance companies to pay out quicker sooner whereas under the flood policies is a sanctioned for not do what they're supposed to go. A form of immunity so. And then in the flood policies aren't supposed to make you hold this post just get back in house Gucci. Abilities are all over again so little bit of directors but let's go to break that Sarah Michelle Deborah censor all things political will be right back here is. Retirement all right I'll tell you can call several law firm Nikko and necessary probable 48371304. And at the North Shore nanny 564. In 969. And then we got a text from 1517. Says. Michelle. Because you were were streaming on Facebook's you can watch on FaceBook that says Michelle. Looks a lot better in your partner Albert Yankee which Ray Charles that period. When now on. And then let's go let's go to refute that Texas is I'm about to our property and I want to put it in trust my goal is to leave the property to market analog. In come it produces to pay the taxes on maintenance. And rest peacefully against the kids by annually. Can do that yeah you know I trust is a great thing because. It's like the containers that you put an asset and in the and you thought she'd papers for what to do with the wood which in the container. Passed away then I learned trust. And basically the trusts are very flexible he could do most anything you want with does. Containers. Or within the container those assets that you couldn't. It's a basically away governing. An asset after you no longer on this earth and it gives you terms and conditions and there's two reasons Lotta times you would do trust. If you on NFL football teams because you wanna start move in money out of your state. So that when you leave this earth you won't have to pay a lot of taxes on your assets and you know most people don't have that problem now. That's the the exemptions about five point four million dollars or ten point eight million dollars if you merits of people like Albert would have this type of problems. But you know on the rest of us probably nom. You know adults so on. You know but that's one reason to trust another reason do atrocity. Is to govern how you want optical glass because sometimes it's in my mind if a family home. Say I wanna keep in FM. And that would be one way of doing. It's also way to protect the assets especially to go on to younger kids or younger. It is you know adults that you that says they don't just go hog lot that they get. And as the worst thing if there's one reasons you Sheila pro profits off the rails because the human condition. Mine is not prepared to handle on access twenties and early twenties and that's wise on the money. And when you put you know and it's probably the worsening in DT on persecute them a lot of money from inheritance. Because they're not gonna how to handle it wears atrocity payout overtime under certain conditions. And he used throughout the year it's not going to squander our. Inherent life so there there we have another text that says. We re recently received letters are mail bark saying we have four months to pick any repairs. In the repairs are done we will be evicted can. Can the landlord completely attempt. Two to force us to repair. Our trailer says this is nation and its route that's on it's an online at its lot. That's and I turn I tried putting eight car Dolan threw the TARP issues is done tastefully in the the there are also required us to to clean up around the area. Now one year and betrayal are just like any other police yet if you ever written lease who'd be for a specific period of time otherwise you pretty much on the mall tomorrow please. So to answer the question is yes you'd probably have to comply with those requirements that can be picked you based on. On. Being a month monthly now Aki ever written lease for a specific period of time you have to go to that are written lease to see if that does requirements at least that is. They could be read a preacher at least if it's not a requirement on that's a different story. And then and I measuring up attacks in mind just in my my spin aren't that it was a forty year old Terrell I choose thank you may make his. Fix the roof of a forty year old child I don't think Egypt Taylor president. And anything do with it's it's if you on a month to month please. Which I suspect they would be because suspect. It would probably be they can probably victory if you don't have certain requirements that the core all right let's go to the school up on the brake ducts in serie Michelle terrorists in serie all things legal will be right back after this brief time they were backed exits Aramis show them us all things legal quick quick text line about a minute what are my thoughts and purchasing. Upon the deed. These rules say Preval with the property and basically it says upon Dietz says that after our complete certain requirements. That we rule sell you the title property. The problem with the bond for deed is that often it's today higher upfront payment. And then as the balloon payment at the end and if you default on payment. You lose everything you contributed to have the right by the title so he got to watch to terms because if you default on a bomb proceed. And you measure used that time my news ailment usually money so all right while we shall. Hope you you wonderful mother thinking and hoping we have a great Mother's Day we know now me and wish him all the mothers out there. Happy and blessed Mother's Day on this beautiful day. And will see in about a week on all things illegal so be could be blasts that have just day last Mother's Day and see you then.