WWL>Topics>>05-21-17 8:10 am All Things Legal

05-21-17 8:10 am All Things Legal

May 21, 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 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 hey good morning. Ducks enter a particularly which ignores all things legal gives call 2601 mates ebony. Ask this year or legal questions or even you sports question. And bowl are you won't get a bill Albert Nico good morning our editor Gerri if I don't miss it. A stayed optimistic nation last night you were you're to a fundraisers. Hope. In his opening hemophilia. Iran. I had seen in thirty years on Bobby. Invited me from LSU and and another on his. JW talk you can says it probably brushing teeth right now if he works obviously here he works across the street on four core. So work across the street from this building in courthouse. I talk and say they go. And so we want that and we they stayed at hotel the whole sentence him. It's right around a corner or is there is is it like a boutique hotel team right. Right. On top tools that would mean. Looses with the street that comes. My life. Latvia Latvia drug could be timely accurate and orders because. It's always if that's nice. And we were keeping up will shoot. Graduation. She baseball SEC champs 2017. Question is is called off were taken there addicted technically. And grace and their their coach here with whom. Is it Florida Kentucky Florida in Vietnam. It Dave says fiscal policies he champions that's what do I took in news report too says. But the tape though they took it west. They took away you know it took to us that's fair enough and then there co champs with Florida which. Again that one way it lasts seven SEC games to get there so this was the sweep enough. For super regional I think so. Yeah I provide I think a win wanted to win 12 in the town SEC tournament I think you know yeah a seed. So that they're peaking at the right time. And on yeah in that regulations pulmonary. Coach Allen Don. And I want to give a shout out into camp as narrow coach Mississippi State he's done a phenomenal job. He went to the news pollen and on and these are amateur. And so on tour. Nick congratulations. Coach Cerro that he communities though she's assistant coach all right. Michael doesn't want us talks force anymore so let's go to fall Monfils he's got a construction question hey Michael you and all things lately that concern over Nikko. Yes and guys he'd. Okay I've spoken to you. And the issue. Oh yeah. A completion of Ottawa kept calling chips that. Accurately account and support portion of that home to follow up on the on the these construction issue with American justice. And that's what Hillary want calling you do this eco. I've wanted to get tech quiz question what would you. Marcum and media and members of record as saying issues. I'm interested bail out an investigation. Into Terry because I don't think it's fair to. Double for all that contract finished. Bearded here pretty cool mobile and premiere even shall be so ardent supporter of me. If you like to know powerful permits being geared totals low. I. I guess so fool wouldn't call it gentle ride like and. Well I mean. You know I know that certain parishes for instance Orleans parish you you have to be specifically licensed. In. Have a plumbing license with the Paris. And not just a state license agreement you're certainty and use certain little. Plumbing codes and things that that applied just steadily in parish beat his. You know they've they've adopted the Euro code and I think the state allows the municipalities to do that. I don't hear I do here which is saying though with the. As a whole body of law regarding home improvement contractors. Practically you will permit and perished. Bob group and if you and different folks I'm specifically talking about contractors. I'll hold you dear now been to pull of the electorate should be that you have to oppose an eighty counselor and how to use our respect and it was too bright. I agree and and then the what did you indicate to me that you just had to take a test in the perished in them what she take the test than you you'd be. You don't want to serve well within the parish to be a bit. Right here actually didn't do beautifully earlier 400 bucks would take dealerships. And being you can quote from it but that's that's deleted and the parachutes. Well I mean again. I think the state gives the municipalities the the right to. Govern in control. Construction work going on within their parish and so you know so the 300 dollars that you would have to pay I think would be. A lot more Expedia and or full blown investigation into the perish as to what. They can and can't do and whether or not I don't know what they're doing is his proper net you know you you got a group of folks together to to launch that. Two is to foot the bill for them might be more worthwhile but in the meantime you know I just could take the test for 300 dollars and then. You know they're probably a lot of guys like you that don't wanna do and so what you would benefit you if you win did it because in this less competition. Stay right Michael. Well you know so sometimes. When you have those type of issues regarding government. You sometimes. It's better to do the path of least resistance especially in situation like this where you could make a very good argument. That and municipality is not interpreting analogue correctly. But the cost time and effort to fight that there's a lot less than. Just compliance with the. Yeah I mean they're not they're not preventing you from practicing your profession they're Tuesday and we want Judy taken protest. To make sure that you understand Jefferson parent coach in the procedures and how things work in terms and so it just. It is an administrative fees right. Just go with all right let's go let's go to a John's got a question regarding. Probate okay John and all things legally Texans area now over Nikko. Appreciated sir for taking articulate called the McCourt and his own probate Olsen beat corner of the family home through probate outside of succession. Since one of the warriors refused to shell hole. But that same year who lives the state has faced a padlock on the walk year I know that the exact heater turned all the water to conserve funds. The chief placed quarter earnings. Shall this the state fair when she returned some towels are watched the war in terms of alcohol and bounce is the only air. Who has full access to the fairway roll my question can this continue what I called her in is it legal. Who's the are you all okay. Is it is probably still in succession have you would place in addition. It's we we will be placed in possession but we're shortly. They're very very sleazy executives used they that the press dig to the big directory opus problem. The oldest brother would have the authority to manage property at this point until all for you all. Or put into possession 141414. So I would. Yet everything taking care of before you place in possession of second suggestion. Is I would place. The property and do you wanna sell property. Well I I. Three out of the poor awards show you he doesn't it he doesn't it in an administration. Okay which still would would I would do is just dull place to Ayers in possession. Sell the property out of the state. Liquidated in divide up the money. That would probably be the more expedient thing to do. So so rather than putting ala to possession but the administrator or executor. It's put the property for sale petitioned the court. Put up for sale and then whenever buyer. List you know there's requirements of following and those provisions with the publications and sell. It's easier to easier to divide up money than how she can't cut a house and four in four ways in gaelic you know give it two years. Yes but certain that refused so yeah don't you don't know it's huge news for you you petitioned the court to do in the quote forced him to do. Sure it's appropriate post always. While yes. Maybe want to now you got information want to tell the probate attorney. Say woody can we just keep it in in the estate and play with it aren't we want to very partition is the keyword was not yet you really what you wanna do. This have the state zealot. I'll put up for sale and then the states sells at the money comes into the state split up the money. What are your partition it through the succession yes yeah. OK but it legal what she's doing in the book you know about what the executive wants to put. Our army is she if it the executive wants to do something and she's in in the management property she unilaterally doing something that you totally different not a stock proper. See what you have to do just be pragmatic with these type situation you've got her in the pragmatic way deal with you sister would be. Asks a probate attorney just. Tiff file a motion with the court places for sale. And then when you get a buyer. All you have to do is file petition with the court. Sell the property have to do a couple of newspaper advertisements for sure and then if then it'll be sold unless one of the heiress has a ballot an objection. To the sale the only valid objection would be is not being sold for anywhere near market he judges are very very. Opened and want us liquidate properties so that would be the best way of doing that you want to be with you sister the money in and you split well. It's unfortunate writing the same Reich. The memorial and appropriated. While the earth aboard a well. He you know analogous murmur you've got the executives the boss he could say this is gonna do and get up for sale on the was liquidated. Our job all right let's go to break that actions area company Coelho we gamblers all things legal will be right back after his retirement you have we're back go to go joggers I was circuit DiMarco show the colors. Congratulations. 2017. SEC champs at baseball elegy Tuesday tournament to do you coach go tigers is that. And your daughters. Europe they. And what and other border Tuesday and Wednesday. They do that and Louisiana but that offense. Do not leave Louisiana ego. There you congratulations coached pulmonary also indicate as aero. Former us. Former Saint Paul miles monarch as for the wolves. So he is com. He joins you up there is one of the great. Athletes they call Aaron you were you know I was mistaken I thought you used to go to the JC watts passing academy I was informed it was the eagle Merck and passing you know and you figure out there like it. Do we kill. There's ago at the same ball another thing Paul graduate making those trees and rose to. They do a fine job like today it's. Brother ray I think is. Cut of transitioning out the little guys both go on he's he's done a terrific job he was much guidance counselor. Back in the in the late seventies when I was is that they'll sell my house freshman I was out right then did he came over and like juniors maybe in cable news great guy and just be you know it's amazing news some guys from my class that sometimes don't recognize and will go back for reunions and he knows about it knows what did you recognize his guys from 34 years ago when those names and it's just an amazing gift too you know and that's a level of K here you know he'll probably councillor. I had a history of them. While. It to others. Are still on your Wayne was one other and I wrote my brother Alfred I think is the other they both what brother where the administration. It. I'm still here broad and hope that you missile of its Internet brilliance and joyful and brother just respect for the ship was there ever broad effort yeah yeah so Jeff who's a principal and he's back now teaching them uses the goodfellas well. Well that we got a tax. Three years ago. I had a first offense the DUI caused my employer to exclude me. From their auto policy rendering me unable to effectively perform my duties. Plea that article 894 MI in my insurance policy rates would never acted. What steps can I take to have the offense remove my record how Long Will this follow me. What why as my employers on daughter Ava to use this against me yet staple on doesn't even show on my dropping record that that's that's a multi dimensional question first the ball. If you wanna remove it from your record you can Pollack a X management. And you can do that while he probably half hearted turn Uga and it'll movie or. Information from the court wrecked it looks like from the text that he did that. From a 94 when he's heeded the very before he did say 94. It'd never got to the insurance company so therefore his rates would not raise but on I think on the. I think what happened was he disclosed to his employer that he had his DT July. And so as a result they apparently disclosed to bear ensure. And and yes who would actually got Dix. On your world burst forward at will employment. And and employer can employ anyone they want or who they don't want longs for a non discriminatory reason. So if they make the judgment that a test these MEI whether it's on your record or not is something that they don't want to. Have as a driver it's their right. But I think the question is. What is she driving record reflect now I think it to employer says that he ever had he done BI. Interview you'd have to answer that by. He answered it might try having wreckage right does not reflect. AD Debian guys that would probably be inaccurate record button or response. Depending on how its nest right so but you know a lot of times we get phone calls and we a a lot of the tax I gat. Torn a week is hey I've been barred. And it's I don't agree with that they toll for reasons that are not true. And a person essay is an effort discriminatory reasons it based on age race gender. National origin and disability. That you. Had prior to employment and say now. Chances are in apps are written contract for a specific period time. Euro walk if Saddam employers have the right and it will too far in our employees according to. Would they are in a two to your preference. Yeah now the only thing it might make a difference for that situation is for unemployment compensation yes does there. The isn't it an apartment and office did that administrative offices definition of cause. Might be different from the employers and so. You you still with him would be able to collect unemployment. Right so so the the issue regarding causes for our employment. Competition but dot net to the job doors and keep your job or any TARP duty of the four keep itself. So then Dario. And the on a calm but in this case with these guys underwriter. For the implored can you effect they can use any viable information all right we're gone to CBS news update will go on a local news and will be back about four minutes stay tuned in all things legal hey we're back that stereo Julio Weekend Warriors all things legal department will achieve is that we play Wednesday second round about 1 o'clock. And we play the winner Andy. And in them and and so you know Missouri and there's so. Wednesday. QB or on the schedule in all this work on TV Korea. That army year I think our joy LSU baseball almost as much football. Not. Even close almost. Don't go there close. Records of it and softball like OK I got an idea let's slow day on the game of baseball. It's tooth. What some hedges wrote watch the grass grow. Baseball is 323 minutes of action spread out into an app that's probably right. Yeah that's that Davis and LC's. Girls got a 13 Thompson going to be. Mean these tiger beat you I'll I'll twice. Eli do you watch I watch we watch some softball yesterday. Don't know girls I was I was vinegar that there are listed I don't I don't wanna not that's an analytical sport that outages that Ottawa men's softball men's base. Get out there out of there being played softball and ultimately. We have played cabbage ball when I was a kid. And I did play a little bit and intra murals as we had. With the called thunder chickens team. That you don't know and so played when you do in that but yeah it was just you just in Grammy Alicia pitching. News or Lysol my car stereo week that the. While schools and our college does high school on par now so did softball. Where you will hear the softball. Now I've never done that of governor of good old believe football basketball nuts and I and I told until art elements that look. For softball with his between stability year. Had in the ankles is going to be a strike. He's you don't go to displace all Baltic. Or walk right you know. We we don't do that yet. Anyway Sade and interpret the rules like those in my own. All right guys attacks to. What about if you get injured at work. And they want to let Chico at no fault of your own. Went to sue for pain and suffering. Actually that's a loaded question you felt like as a swimmer in the first volley if you injure or button. First ball fault is not an issues who talk up Paul twice appeared to work. And you know you don't have to prove the power is at fault you fall you automatically yet workers' comp. If you're unable to. Return to work and you all also use tide team medical bill there's very few exceptions like if you get a fight intentional well well but even then some time to try latest deployment intentional. Right right it's intentional tort or is it of exceptions to the rules very very few exceptions but basically. You get worker's comp now consist. Two thirds of you salary up to a maximum which is around 600 in the Dow somewhere around there. A week you get your medical bills paid. You basically get repaid until you able to return to work. If you're unable to return to work that you part job. Or lesser rate you basically get some call this TV which is sort of the difference between supplemental earnings or earnings benefits which is sort of the difference is a little bit of copper. It computation that now the second issue is. Can you sue for pain and suffering well the trade office that you don't have to provoke prove fault. You know this it was a fall in a workplace actually you don't get pains suffered for its calm. But so you get sure weekly Downey benefit play she future medical bills paid now the second issues that lets say you get hurt and they far you. Because you were hurt there's just different statute or law that applies to that that's called wrongful termination or wrongful discharge statute which says. If an employer. Terminate she. Due to the fact that she follow workers' comp claim you can folly separate lawsuit outside of workers confident rate of state court. Ford for damages up to one year's paper plus attorneys' fees was tallied for Israel out of gorgeous George. So all wrongful termination. So you have two different things going on there so technically. The worker's comp your employers goes to keep you on his employer pinning you workers' comp claim the only exception to that is that this determined. That you were unable to physically returned to you prior position DT New York. I mean they they got to get the work done so they can they can run play issue but they're just got to continue to pay you. You know you worker's comp benefits up until the time buy it's it was you remain an employee. Unless you're unable to physically return to work under drawn to shorts that she says two things going on here so. If so if someone gets hurt they say if you're employee get hurt. And then he clocking more competent and you get fired Tuesday. In you still. Recovering from your accident you know every separate. Client called you know wrongful discharge. Where he it's in the regular courts and look the reason I got part from my job laws. Because I got. To no fault of my own archive and they workers' comp accident and they fired me. You you become an protected employees the only way the import could let you go at that point is if it's determined that when you fully recover. You'll not be able to do you. You know attacks you recount his text while hate notes all while the girls could kick you but I don't doubt that one yet I've seen those girl I thought. I would throw mile warm out in not be able to to lift a pencil. It's like a lot like curls off well just director Alice I'm cool with Fox News it's not that I'm good I'm gonna really spend a lot of time watcher. You know but while allowed Major League Baseball to a quick I can't tell you where five major league baseball players play on which team. I have no idea that's no fall removed and I'll tell you know about. The girls there if you would and hi all female softball baseball I've got to be treated and high school girls more coach. I don't I don't doubt that. And so all of them purposes. Generally so there ego so we. Yeah guys and a little. Go play all right in typical attorney makes our own rules on softball. We mean well let's talk mullahs are par in salt bottle made Euro I told you I strike zones between the bill that had you ankles because you don't play softball. To get a walk. On to either Europe there hit them. Yes a couple of turn him a moment Logitech today and I draw a. My own documents will empower returning. Bomb. In yes she can you'll still need to get the motorized. Like dogs dogs which are comment about surgery ago. Certainly never do on him which you perform surgery on yourself yes or would you go to a doctor. And you know listen it's it's not an expensive process. I mean you know there is some folks out there that charge a bunch of money by. If it's not a it's not expense while us to have a a will power returning. And living will. Where you'd director you've been seized illusion and the poll plot called document. But those days there's a package is very inexpensive you know now again if it's a big state plan. And that's something separate and apart from that but just to have your your wish is sit down and will and Apollo returning guilty. Let me tell you about power returning is one promptly tore up yourself like times drawn up yourself. And that you bring you know took back the bank says well I see a power return but doesn't say you can open closed or counts it is very dangerous. And so. You know some of the ones summon the power turned on web sites may be OK but. You know you sort of game which shoot pay for an uncertain and sometimes when you don't. When you do it yourself and when not saying that to future so you end up spending more time and money because he's in June 1 time right. And have now you know they beat net are all encompassing attorney. Our attorney. All right so the second part of the question is is the easiest and most cost effective way for Koppel just as house. And caller and small savings if so can you recommend website thing Q. We're not the billions of where it went sites first of all second of all if it is a couple. And you. Have a house in the savings account with no children you you're Unita will more than somebody with children. Because what happens is. Husband and wife. Every. Joint property together husband dies all of his property goes to wife wife dies all of that property goes to wife's family. So husband's family is excluded from that suit you wanna provision in your will to do something about that you need to do. A thousand other reasons will will talk about a. All right let's go to break that concern our Nico you we can lawyers haltingly who'll be right back if his brief time they were back Dirksen Terry Albert Nico you and lowers our which attacks. They want are few commissioner ship the United States girls' softball association based on the comments or it's all while you Mexico so. Also got a tax. Hussein do you remember. And years ago while I pop tried to hit a girl's softball. A pitcher from Alice she's at a and at halftime of basketball game I was there. Is around 2000 to 2000. They put elegy an all American to it they did it inside the LSU basketball game. They had. The all American softball pitcher and they had this happen to set up like a backstop. Very backs up in polish struck out. He struck out she's street three pitchers he could touch listed on there ego. I'm not backtracking I don't and I don't I knew there athletic a cassette at Romo arm way out his way out of socket. But I just it's something I'm just not into. That there you go okay let's we've got about two minutes let's go to Jack he's got a question regarding a default judgment hey Jackie you know Tinsley with ducks are now over Nikko. Cry out. I don't fault juggernaut a couple of actually where I am and then he can against you. To become network for. My company at work and breached it where a so we're doing work on building. Who owned by people but when we see like magazine. Felices to a company that we are strong. So. Castro are responsible. It can be eaten. So we say that we get and where they say. He is one particular track. Please go to court is small claims by a thousand hours while they serve restaurant because Italy that registered agent. In some more. You don't know you don't know history is because it's the girl in like go. So. Got this sounds very specific. And it can't get it. How do you give them. The property is because. They aren't quite the owners of the property. State. Strong and people comment from out of state opened little straw. Particular thing. Iraq and so is the restaurant now closed. Oh. Oh plug in wouldn't get the next step is to hit to do what's called the judgment debtor rule. Which means you ruled them into court. Two in and in you can ask questions about virtually. Anything financial having to do with that company. So where that where their bank accounts give me bank account numbers. Win and they don't have an error. Object and a girl up so yes yes in the in doubt you know what you wanna have you probably do have. It is we can talk or this probably have is is attorney fee provisions in your contract. And outweigh. Win the lawyer does have to get involved to go try to collect the money in those attorneys fees and the cost of going to court or cover. Him. Am not contract and personal. No contracts are yeah you give tallest office and I'll back after the break. Are now yeah I tell you. We are good we are good news but I you can call back or Costello former 8371304. Guys go to break Texans are Albert Nico you weakened our state team they were back Texans are Albert Niko you'll weakened lawyers haltingly who only got about 1520 seconds left and then went on to national news local news and we're back in about ten minutes so they're Jacqui keep on listening because after the we can expect in ten minutes to Apollo moon or -- on on the -- -- -- marchment procedures in seizing property and all that sort of thing so will be back about ten minutes after all NASA is welcome news you'll see that on all things illegal.