Lex

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Viewing 15 posts - 1 through 15 (of 171 total)
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  • in reply to: Inherited property #2489
    Lex
    Participant

    You need to check with the Clerk of Court for the parish where the property is located to see if the Judgment of Possession was recorded in the conveyance records. Failure to record can put creditors ahead of your interest.You need to check with the Assessor to see how their rolls are set up -who are the taxpayers? You need to be added for purposes of notice so that you will know if the taxes are unpaid at any future time. Your property needs to be assessed as a separate piece of property.Just paying taxes does not give someone rights to property. However, keeping physical control of property by fencing it in, for example, and keeping cattle or whatever can give someone ownership after a long enough period of time. This is called acquisitive prescription. You need to see whether your half acre was actually surveyed off. Many times someone will give property in a will but just describe it loosely -leaving it up to the heir to get it surveyed.If you do not protect your interest in the property, there are many ways you can lose that interest.

    in reply to: Dissolving an LLC? #2487
    Lex
    Participant

    Yes, it is just as simple as that.However, this procedure cannot be used if there is any debt. If the LLC has any outstanding bills, including taxes and/or franchise fees that are due, then you have to go a different route.

    in reply to: Lawyer calls you a fraud #2486
    Lex
    Participant

    Any lawyer who is familiar with getting court records and making a determination as to what should be done. In a general sense, that would be “civil” as opposed to a lawyer who specializes in criminal work.

    in reply to: Lawyer calls you a fraud #2484
    Lex
    Participant

    You need to get a lawyer to help you with that one. He/she might be able to get the microfilm records of the original pleadings. Generally, a lawyer is not personally responsible for the pleadings if the lawyer relies in good faith on what the clients discloses to them and does "reasonable" due diligence to verify the allegations. I had a case where the plaintiff filed a very libelous suit and requested that the Sheriff not serve the suit. The suit was then amended to take out some of the libelous material. They then gave us a copy of the suit as amended and apparently did not think we were bright enough to go look at the original suit.It was still a public record, even if temporary and even if amended, and therefore still libel.

    in reply to: Mother Died I want my share now. #2406
    Lex
    Participant

    There needs to be a lease spelling out her obligation (financially) and she needs to be paying for insurance and taxes.If someone is injured on the premises and there is not enough insurance, the house could be lost.Absent a lease, she should leave. The only way to get there, if she does neither, is to go to court and force her out.

    in reply to: Mother Died I want my share now. #2404
    Lex
    Participant

    If you are talking about Louisiana, then which spouse actually earns the money is irrelevant -it is all community property.

    in reply to: How long to contest? #2477
    Lex
    Participant

    Should a personal attorney handle this or District Attorney?

    I'm not sure what you mean here. If you are thinking of filing criminal charges, that would originate with you contacting the sheriff or police, depending on which would have jurisdiction where you live (are you inside or out of city limits). Then, if the sheriff/police decide the case has merit, they would forward the information to the district attorney for further determination.When probate issue are involved, the police will frequently want to consider all the issues as being a "civil matter" and not something to prosecute.I think you should start by talking to your own attorney and follow his/her lead on this.

    in reply to: Adultery, Divorce, and Custody #2482
    Lex
    Participant

    He really needs to talk to a lawyer on this one because their are important custody and property issues.I can say that "fault" in a divorce usually is not an issue in custody disputes. The best interests of the child are the issue, not an affair or even adultery by a parent.Fault can be an issue when it comes time to determine permanent spousal support. That is another important reason he needs to see a lawyer ASAP.

    in reply to: Succession with possible untrustworthy administrator #2481
    Lex
    Participant

    No such thing as having to pay to settle an estate. No heir is responsible for more than they receive.It is not uncommon for heirs to just walk away and not even open a succession when it becomes obvious they may not receive anything.If heirs do open a succession, they are still not responsible for more than they get. As a practical matter, in these situations creditors are more than happy to negotiate their claims.

    in reply to: How long to contest? #2475
    Lex
    Participant

    There can really be several issues here. For one, if a forced heir is left out, is fraud involved? In other words, was it known there was a forced heir but the paperwork filed (usually affidavit form, like Affidavit of Death and Heirship) deliberately left out the fact a forced heir existed? If this is an open probate/succession (no final judgment) then there probably is no time limit (except maybe the 5 year limit discussed below).Even when a succession is closed, it can be re-opened "for cause".In very general terms, and with exceptions, ignoring the issue of fraud, there usually is a 5 year period to contest a probated will.

    in reply to: HELP!! Son’s father keeping him away from mother #2473
    Lex
    Participant

    It is likely, from what you describe, that getting an emergency court order is the best way to go at this point.If this in the works, it seems like you must have a lawyer working on this for you. I hesitate to try and second guess what that lawyer has advised and what is underway.

    in reply to: No custody order in place #2470
    Lex
    Participant

    It should be in the parish of the child's domicile. That looks like it would be where the child is living with the grandmother.Again, the longer the status quo is allowed to stand the more difficulty in getting custody.

    in reply to: No custody order in place #2467
    Lex
    Participant

    Many of the Bar Associations in Louisiana offer pro-bono programs or lawyer referral services at reduced rates. He should call whatever city or parish Bar Association is closest to him for help.

    in reply to: No custody order in place #2465
    Lex
    Participant

    It's hard to say what Dad should do without knowing an hour or so of details.Assuming grandmother has never gotten any custody order, then she has no particular rights other than time continues to be on her side -the longer things go on as they are the better her argument that she should get custody.Some might take an aggressive route and just go to the house and ask for the child. That usually leads to the sheriff getting involved. If he files, he needs to be careful how it is worded. I strongly suggest he see a lawyer for this because it will depend a great deal on the parish and on the judge -a local lawyer will know how to best handle things.

    in reply to: No custody order in place #2462
    Lex
    Participant

    Is dad on the birth certificate?

Viewing 15 posts - 1 through 15 (of 171 total)