WWL>Topics>>05-28 9:10 am All Things Legal

05-28 9:10 am All Things Legal

May 28, 2017|

Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

Related Audio:

  1. 06-04 9:10 am All Things Legal

    Audio

    Sun, 4 Jun 2017

    Albert Nicaud and Jeff Siemssen discuss legal issues and answer questions from WWL callers.

  2. 06-04 8:10 am All Things Legal

    Audio

    Sun, 4 Jun 2017

    Albert Nicaud and Jeff Siemssen discuss legal issues and answer questions from WWL callers.

  3. 05-28 8:10 am All Things Legal

    Audio

    Sun, 28 May 2017

    Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

  4. 05-21-17 8:10 am All Things Legal

    Audio

    Sun, 21 May 2017

    Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

+

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 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 our digital do not create an attorney client relationship. Hey were backed Broward number two. On thankful Memorial Day weekend poverty codecs stereo all things legal it's called 2601 A semi or Texas that he terribly terribly before we get to Don. Food for thought why are we talking about on national media and meet the props but taken down monuments. Money should be talking about. The man who spilled their blood so that we can. Be so critical part country. So it's just that just days food for thought. Saved it for another weekend I'd home. Let's go to Don he's got we wished we had a discussion with Don he's starting consulting business and he would they wanna. The client wants issuable form ten not money and independent contractor and questions whether he'd shoot. Have LLC. To be the recipient of that money. There you are Don. Hey yeah thank you appreciate. They can call. Consultant where they bought about two company anabolic of people body yet at just. Think that it expects spent warned LL CB. Do its bit. Oh do you have any type move do you have any type who. Professional. Background the lawyers CPA. Look Arkansas agent yeah I mean it is. Okay. There you go hmmm. Yeah I know I don't know that I've I've. Terry it's not a big deal the Foreman LOC. You can do it specially single member LLC you don't have a lot of people complain about who gets to totaled one. Hum. But I've I think you wouldn't be a bad idea for liability purpose as she contract the income coming in through it in separate accounting. Have some separate checks X that are. You know if you elect exit before the break depending on the than the amount of risk that you have you know if you make a wrong call and someone's injured or gets hurt or. You know they lose money because of you know your advice. They could bring an action making tube. War you know you. Improper advice I guess is the easiest way to explain it in and you may be may have some liability so. You know that's something you might wanna consider. I have been born we view it all. In all. Due to weak. For. Do. Prodded. Them then maybe try to do it are going in or. Well yeah that would be go via a deal if you could do that. It's a clear debris as you do and if the two different companies. That it might be crop yeah. Right now okay. Let you out. And got it. Now another thing about LC to its if you do consulting work you begin with two CPAC with possible expenses would be deductible in connection with the excuse is services. Yeah I had an authority to be yet and and utopia really news talk all. All right let's announced that little via the potency and thanks so called out the part to see I'm right there except for. You know before talking. We'll put back from walked NBA mean I have a question for all you walls yes well first while married but or. School board ramp. War and tips and Parrish one to remind us that Loyola do you remember the nets around court. That they had the hostage as games of the players would not fall to court. Well ahead elevating the sport. I don't know that now they had nets around the court says that then players got falloff the end of the court and that's what you know you see those you see those and some college games. With elevated courts. Would rather you know the players after coming goal accomplished out to get on the court with their new nets around that was back in 19747. I mean today there are college courts with an elevated up on a platform they do that for the final four because that they're like in a little. Dug out and basically when he said that. But as far as now. This is a question regarding the threats to specialist passport renewals genius who would you rather have Paul Griffin. Or EC called the company's earnings that would and on. Our bodies for sub. All right let's go to Henry's got a succession questions hey Harry you know. And which got pars and a. One of my relatives fifth wave jeers to adulthood children and so until he had built the succession. Is that true. Okay yes. Oh did you credited with each you have you know what what assets. Well how else is one thing. It's up against just about it. Yes it in order to. Legally trance are the house from did you see Kansas State to the correct leg to your air you have to follow. A succession with the court in order to make that transfer. In absence of doing that. You cannot have any legal recognition. Of the new owner. Oh okay well. This year they do it right away this year if you can do it whenever she. What she wants to sell a house you'll have to do before she shoot myself out of action lawsuit show all mortgage the house her in her pocket insurance may be. Right what I could be an issue to India because especially if the if houses they gave. You can have some problems. Traditionally limited options and someone that coaches do away. She looks a lot why would you wanna at all. Well you know in the morning. And so would cost around 101000. No no no I don't know and they are now now now. Call the office we'll we'll talk. Well. You know we don't go we don't quote prices on the year for sure I'm 101000 dollar we have to go to is fractions you have very little fraction yes. Every rock clause app and Lena. I. Appreciate it and all right they aren't that while. Hey I guess I guess we're you know we're not charge him enough. He did write a good distance right. Yeah that's that's. We've talked about this you know a lot of these these groups out there that are pushing all these these crazy trust and everything else when. The they may yeah not necessary and most well yes and no probate so expensive proving it's an expensive so they've they've got this false impression that. To play shoot possession of no minimal assets. The spouse and house thing right the house you've got some you got some Macau bank account gets medium property bank account even if you got a retirement account. It's just it's it's not an expensive process to do in and I'd I don't know. Especially giving independent tech here. Where. Or an independent administrator where wash your pointed disliked person died artist Seton. Would we still live India which is to be there represented tipped and you would have to. Based the open a succession in close or provide accounting NFC in there's really nothing in between April learn to do so it's. Varies straightforward. Yeah pom is probably as straightforward as any legal. Action it that there is. And you have lots of assets and lots of different moving parts that could get a little more expensive or. If there's a contested succession that's when it's expensive you following motions in demanding this and having accounting and you do and all this sort of thing that. You know is required to to fight a succession one side or the other. Then yeah if they can get expensive but it just a simple placing in possession. You know this from reputation and some fees and court cost and things of that nature but it's just not a. It's the effort trust. Of course and so I mean this is a saint. I think channel. A spouse that house. With independent ministries probably more expensive trials. Oh no question about it I've seen some guys that advertising that like we're gonna do you view all of this in. You know it's the same thing with whale means some guys and girls are targeting. Too much money. For something nets you know burst grateful that you pitched. Him they can get very complicated don't get me wrong it can cost money so. But then it usually in the situation. I think a lot of times. It's not the drafting of the world that takes so long it's. What do you want to do in discussing that issue especially issues regarding. Second third marriages and families of those issues it's not so much. The actual drafting in the way oh it's discussing the options with the client and alternatives. And tried to make it work for all parties but for the most part. If you get all of that gone in its very well thought he tried to cover all you contingencies. You nine point two. It dispute thereafter or you can minimize the dispute mom. The years that he a little bit more complicated. Situation. Is thinking now try to make tees where now all parties involved. And handed it evidently that's clearly communicated she could. Habit. Expert at one time comes and Perry. Systematic and efficient so. Aaron let's go to Beaumont is good juniors got a question regarding glossy take you you on all things legal Texans area Robert eco. Oh good. Kind together from information alone. You know when it sure. Called Treo to try to serve you worried. Just a single lawsuit yes. All of that war because alumnus. Shall one and a tank used it up thirty year. It's a long process and it is pretty much on the board something. Of that depends on a lot of things. Basically if they lawsuit has been filed. It is no action in the court record for three years. Glossy can be deemed abandon. On in certain cases if there is some type of port Obuchi on action against another person you all follow lawsuit within one year's sometimes those claims can be prescribed. So those of the different type of context that that could occur but chances are if they share this knocking on the door lawsuit has been filed. And and and so that therefore. Iran. You know its share of cannot serve you can only what happens as a private process server is appointed. To our attempt to get service is that share basically comes at that house 637 more knocks on the door nobody answers. They'll return is uncertain. But then when you get to a private process server two certainty they they will wait you know they rule. Act more like a private investigator and maybe wait if you leave the house or harp on publishers tree and then when you. Right pop out this drop the lawsuit your feet so yes sir have you been served. Chancellor though that you know there's a lawsuit. He has been trending probable reform. For years so someone been trying to sort of meet and action. I mean you know I'm totally against it but it. That was most people who didn't suit totally against that -- but let me tell let me ask you go beat you when you say they're trying to see you. You to file a lawsuit you don't file loss suit if this lawsuit been filed. Wondered why don't you have been sued. Okay yeah the question is if they're trying to serve view with the lawsuit depending on what they've done. Operative group formed application where you have an author. At patrician but they'll all year soulful. Well and now it's still it's only a year earlier. Dared guess you're trying to serve regular a bit longer when understandably in no. Iowa Iowa and what you probably it's served in front probably you know and and so on if there each time they have an act they do an action in the record. It will not be deemed a band for another three years so they're trying to. There's some kind of record casket from creation to service that starts to clock began. So chances are you have a share for product process server. Com. Waiting to serve you that you have not had the opportunity to do so because. It appears as you would type laws under his junior. Oh. Okay. Aka. I borrow it Orleans or Jefferson to you know. You know we you can probably go down the court house it. At Louisville importers go up to the fourth war. And somebody out of type your name into the computers there and there. They'll pull up any lawsuits filed against you in the you can you can actually get a go look at the record in see what's been done it if all they've done is his files to request service. Without anything further and it's been longer than three years. This suit is likely abandoned. There are. What what what to do well and sutures served in the and you need to get a lawyer to respond. And get some sort of responsive pleadings or an answer in the record. Because you need protector and just as they can go and take a default judgment without you being here to defend yourself futile it's. All our our. Our our guys break the thanks for RJ. Ran the clock thankful morrow are those that are brick that's necessary. Albert because you we can r.'s all things they will be right back after these this time they were back Texan terror operative who Nico you weaken lawyers all things legally can also calls outlaw opera 504371304. Final 48371. Real sport Nikko and concern law firm Wellington about a minute before we used to lose CBS news update state can't. At 10 o'clock for Christian care just sports shirt going to be talking about LSU SEC baseball championship game. And first pitch today Debbie that PLO's at 130. Rock came time to SEC championship. Is two clocks. Be there Eric walker will be starting. And Arkansas will be units in pitcher noble art so. Probably be very high scoring game and so on. But you know we talk about great. NBA. You know NBA robbers Steward. Who's the best LSU baseball player and this could go on risk in particular was on weighed in on the message board they continue to do that but until then McDonald as he has in games does a phenomenal job he has he has phenomenal in the net a lot to the game so all right we're going to AC BS update and then the local news will backdrop for managed to stay tuned for a last half and are all things legal all right we're back that concern Albert -- we can dollars all things legal. Who's at greatest U baseball power. There. My brother just texted me first baseman Kenny Jackson at the national championship. Of course he is married to my knees. And that was a toll on buys that jetBlue says we're a little. Partial my favorite player and tease you. And Antawn two plants. My view wade talks is the way it is just. And I'm human as would be talking to them glance over a clue. Wait wait box and George Brett and hand out Brad hall twenty years it's like all right on. Let's go to follow Monfils go to Ryan question regarding wage or impeachment Abrams. Iran you know up in sleep with that answer now when you go. Lucky us where. Here's my situation. Pummel lord. Of the damaged property. That I am a lawyer from the civil court. It just about ignored Patrick. But that are now that they needed thirty days I'm an attorney that it's learning. Everything out that door well. Big that probably. Show the court and a good job. And am pol. An additional court they're relieved only it is. That's about it yeah. I'm definitely gonna win this case. I questioned. Two. All right about Asian. There are some ways to me. And a gimmick by the way out of hand judgment. They can yes again it depends a lot of factors. At how much we talk about. In damages. It. Okay and then my guess is if you have a lease you have an attorney Steve provision in the lease the future attorneys' fees that. OK so it could be you know 20000 dollars by the time to do with. Has had they have been served correct. With the law. And they file the motion for an extension of time. The average. Gotten tired and so on and it got a unit. Rights within the next thing to do is it would ever address address the put on that motion for extension of time have your attorney sent a letter. Saying that you know please file responsive pleadings in the next ten days. You know we would like to move the lawsuit forward. In his. I. A summary judgment call that an outdoors mark. Well summary judgment. Would debate it's do they answer the lawsuit. We've got a could default judgment. If they don't answer the lawsuit. That'll filed responsive pleadings of the them no emotion that Todd. Got up lolly get everything out there Gazprom. Yes to the duke yes and you yeah it's it is a default judge you would likely take. Which means that you just go in which case on and then once you get that judgment. You can go in and and garnish the wages of these defend. What a garage and now. Not gonna depending on whom would it is the agreement changed jobs and cheating and have to chase him around but. The process issue you filed what's called garnish mic in derogatory is on the employer. And asking them you know. Is he is he in your employee. Come what is his position how much when he does he make how often do you pain in ex senator ex senator senator. And they have to respond within a certain period of time and then once. You get that then you go to the sheriff with that and say OK well we want to go ahead and and ago. Sees those wages and so they'll build the sheriff will a seizure notice on the board in the employer will start cutting you what you. For portion of those wages. Not that. Drugs that are aren't the paparazzi. And he marched and longtime network equipment a little while back up. Baseball bat but it but today. Well and he's got a he's got a good job whatever assets he has are gonna have to go towards payment of the deaths. So. A one word literally. About it that would result out there and out of the. And I'll pull me if I'm wrong with that you judgment you can record it. Yeah. Yeah Iowa that talks Hugh Laurie about it I'm sure you're in good hands. All right Brian thanks so much thanks Hollis goodness he's got a question regarding divorced Charles Moore hates these you know things lead with a turnover Nikko. Ninety. Matter. And yeah. And we. My vote or. Divorce but I'm. 1108. And Albert. You know. Why. Not question. Abort. To use. And because. Higher. Rates. It seems like they're giddy up. He. Blockade it. Would tell me what's happened so far. They now are. They jobs or else our. Court. Fight that was at the G. She's an odd characters that we've not decided to hire an attorney. Anthony which Al equally. You know big yeah I carriage and support each ear you know very well. They. Air act my mind that I don't get treated. Well it's lonely out. You know I only made it eight. I'm not on how I'm touchy got a very good attorney as sometimes it takes Tom wanted dilemmas for. Permit for a judge is they threaten to put someone who's not paying child support jail. And but if they put him in jail they really can't they'll lose his job and embryo pay it. So sometimes they'll give them chances. One or two chances to pay before they. You something very extreme the other thing you can do is just part it does he have a job. Well I think you can garnish his wages up to 50%. Once you get a judgment child support he's gonna have to pay it. Right but that they are very or pat but it is. I. And we'll take it will take sometimes it takes time and there's no question about that but the law allows. A income assignment up to 50% of his income to pay back child support. And so once Santa Cruz. You attorney will be able to do that and we've got a very good job that will happen sometimes it does tickled while the wheels of justice or. Turn a little bit slow. By armed just just be patient hang in there will get done a cash to just be patient things happen slow. Because. You. Choi knew I hear that yeah. Fatalities. If Santana he's got a very good attorneys and. 00 think it. You don't sound. It. I don't. I don't think so I don't think I. All right thanks for call that a breakdown Exeter are particularly we gamblers all things legal we'll be right back here is Freetown all right we're back Texan Terry Albert Nico you we can lawyers all things legal petition Derrick nix on just sports which is talking to Christian his grandfather started beaches in Normandy. Sixteen years ago maybe congressional oath to talk about that next couple hours. Our let's go to Tom. Got a question regarding pretty property hey Tom. Well I don't know go out forms odd a legal situation. Sinister. Who has been divorced. It involved the well what properties. That somewhat well in the right column. Pushing got out. Port. Couple that acts thirteen years. Ago what are the property but. Chocolate. Area and addiction. Where eco lottery like. Eric based upon children. Social media. Accusing it is great it is extra advocate where you've been out soul alt. Quote pretty the bottom billion dollar pot all got new life. My concern is. It is possible there lecture are real well no wars. So that her. All of the obligation. For hull here is secure secure. Did they do community property settlement already. Probably not unless it's under something called leisure Wear this such inequity. And three property settlement that you can open it backup that's very rare and it probably would not happen. She doesn't have any protection that they just send all the assets bought Payer. Well if you ever community property settlement fees by definition you supposed to pack. Our have been paid. So I don't. They're properties for about 013 year actual event. If to permit it took me probably doesn't confide in me. Mechanism for that and probably not. I usually when you do community property settlement you and you have to make payments over the years you do have some type the security mechanism. Two to assure payment Casey doesn't. By an obligation. Are probably about your second question part of it is liquidation. Out of bankruptcy and it sucked but it. Our corporate. It is that's out there should get sick at all now. Now probably not all and. Or she's just escaped with a credit agency and say that she's innocent spouse who wasn't involved than. Bankruptcy was done after she was. Divorced and that should be. They could technically. All right well. Thanks much art let's go to break that's Terry company can you we can hours all things legal will be right back into his brief time they were back is that shares. Husband after song. If it had six gay marriage to Monica all right Greg Allman. And warehouse. And Roland Garros TJ there all right let's. I would mr. out let's put it down like about a minute hey Daryn you know Tinsley with a turnover Nikko Oakland. Yet think youth worker might follow that situation of selling my house. And needing to buy new and and it in the inquiry as to what right do a bond. Bonds are indeed sail in a little wonder what are these. Con. And you do Bann for deed but you know you'll be better to get let the Persian go purchase that house outright. Obtain the paper obtain the financing. And being your your dog but most properties as he don't and well. From my perspective a whole the whole reason they're coming you provide for deed is that we import for so so arm. Give us thought out law firm of bottle 48371304. Probable for 371304. Beat after that question about the gonna talk about. Analyses. SEC championship and also being a former marine Memorial Day so young have a great and thankful Memorial Day weekend we'll see you next week because that would be blast to see you next week on all things legal.