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Louisiana Law Articles
The LA-Legal articles are based in part on material from our book, the Louisiana Legal Advisor.
Timely legal news about the law in Louisiana and around the world. If we think it affects you, we will blog about it.
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What people sometimes don’t realize is the importance of having a good executor. Even if attorneys are hired by the executor to handle filings and taxes, the executor still has the ultimate legal responsibility to make sure things are done —on time and done right.
In the Virginia Escher case,the deceased appointed her cousin as executor. The cousin was a housewife with no business or legal experience and had never even been in a lawyer’s office before.
Lawyers in Louisiana have a sweet deal. If a lawyer is guilty of malpractice he or she cannot be sued once three years goes by from the date of the alleged malpractice.
In most tort cases you have one year from the date of your injury or loss to file suit. In some cases it may be one year not from the date of the loss, but from the date you knew or should of known when the loss happened. For example, suppose you went to a doctor because of a chronic cough, but the doctor failed to diagnose that you had lung cancer that could have been treated. read more…
We all have a digital footprint: your online banking, your blog, maybe you own a Website. You probably have iPhone and Amazon accounts. And how about Facebook, Twitter and all the social media accounts? What happens if you die or become incapacitated?
Have you ever stopped to think about all the automatic recurring charges for various services that you will no longer need, but yet they keep debiting your credit card or bank account? Do you have a plan in place telling people what to do and how to do it? read more…
The top financial scams targeting Seniors
According to the National Counsel on Aging, these are some of the top scams:
- Medicare/health insurance fraud, involving scam artists who pose as a Medicare representative in order to steal personal information.
- Counterfeit prescription drug schemes, in which scammers provide fake medicines. read more…
While only about a third of aging parents believe they may need long term care, the fact is that about two-thirds of them actually will need it. In many cases, financially successful children have to step in to pay for their parent’s care.
There is obviously a very large gap between what aging parents believe, and the hard reality of long-term care. This “in denial gap” will cause enormous problems for families who do not face the issues early on. read more…
Your will does not take effect until you die. You can create a new will or revoke or amend an existing will up until your death.
A will remains valid until properly revoked or superseded. Revoking your will must be done very carefully. Most state laws require that the will be revoked by a subsequent instrument (a new will) or by a physical act (e.g., destroying or defacing it). This means the will must either be burned, torn, or read more…