Lex

Forum Replies Created

Viewing 15 posts - 181 through 195 (of 195 total)
  • Author
    Posts
  • in reply to: Zoning Ordinance enforcement #3013
    Lex
    Keymaster

    What was the nature of the objection? Was the property the business is on not zoned for commercial? How is it zoned?

    Or was the business property zoned commercial but they are operating their business outside the exact commercial class?

    in reply to: Separate property being held #3007
    Lex
    Keymaster

    Criminal charges would not work since all is tied up in a civil matter and the police love to be able to stay out of the fracas by saying “Sorry, this is a civil matter.”

    I would think the only way to proceed is to go back to court, say “these items are deemed admitted” as belonging to you and get an order to show cause why the ex has not turned these items over.

    in reply to: Revocable Trust #3006
    Lex
    Keymaster

    It is impossible to say without knowing the exact terms of the trust.

    In the typical revocable or “living” trust, the trust may be split into two parts on the death of the first spouse -one part being irrevocable.

    So, it is hard to determine what she should do or even what she can do without knowing what powers she has after the death of the first spouse.

    in reply to: Two apartments, one meter #3003
    Lex
    Keymaster

    You might inquire from your local permit department whether having two apts. on a meter is a violation. I know the reason the landlord does not want separate meters, the cost of re-wiring would be thousands.

    in reply to: No sex in years as grounds for divorce #3002
    Lex
    Keymaster

    Well, there really aren’t any immediate divorces based on your scenario. You need to prove adultery for the most part to get an immediate divorce. And, as we have said in other threads, “immediate” is usually about as long as a no-fault divorce.

    The test is whether a married couple has “lived separate and apart” for the required separation period. Although we have seen judges (mostly when these laws were new) stretch the point to an extent, it is far safer, not to mention legally correct, to be physically separated and under different roofs. The issue is whether you were living together as man and wife, not whether there were any sexual relations -although, admittedly, that is a component of living together as man and wife. The bottom line is that it is not worth the risk of having to start all over again with the resulting expense in time and money if the separation period is disputed.

    You would be better off just physically separating, living under different roofs. and then filing for a divorce without fault having to be an issue. One caveat: if you think you are entitled to permanent spousal support, then fault can be a big issue and you need to talk this through with a lawyer.

    in reply to: Dies without will #2998
    Lex
    Keymaster

    I think Bluto really needs to start here: http://la-legal.com/louisiana-succession-probate-law/

    and do some research.

    in reply to: Sec. 8 tenant owes for damages #2989
    Lex
    Keymaster

    Thanks for the input Gibson.

    in reply to: garnishment question #2986
    Lex
    Keymaster

    Payments are generally sent to the plaintiff minus a fee the are allowed to charge for their expenses.

    in reply to: Sec. 8 tenant owes for damages #2979
    Lex
    Keymaster

    Ignoring the Sect. 8 issue for now, a landlord has a legal lien on any possessions located on the leased premises to insure payment of the lease obligations. So, you could look into seizing property at the point a lease payment is not made or damages are not paid.

    However, at this point you seem to have voluntarily agreed to accepting payments. It would be better if you had a promissory note from her for the total amount that spelled out the payment terms and provided for atty fees for non-payment. Suits on promissory notes are fast-tracked in the system (relatively).

    The Sect. 8 issue can be a problem sometimes. I had client with Sect. 8 property who had to re-paint all the ceilings in his apt. building because they were not a “uniform whiteness” from one unit to another. I have no idea how agreeing to be controlled by Sect. 8 rules may take away your rights under general Louisiana lease rules. You are kind of at their mercy on this.

    in reply to: Power of Attorney #2974
    Lex
    Keymaster

    A POA terminates automatically when you die. So, assuming the broker knows you are gone, the son’s ability to do anything under the POA would come to an end.

    However, when you die the broker will typically freeze the account. It sounds like what you really need here is a trust. That would enable you to put strings on what happens after you are gone.

    in reply to: garnishment question #2972
    Lex
    Keymaster

    It should start when the other ends since the employer has been served. However, you might call the employer and ask them if they are planning on beginning your garnishment as soon as the other one ends.

    in reply to: IMPORTANT! New Forum software and location #2968
    Lex
    Keymaster

    I think it has been fixed now.

    in reply to: What is advantage of QDRO? #2967
    Lex
    Keymaster

    It sounds like your lawyer is right. You only need a QDRO if you are splitting an ERISA controlled plan. In short, ERISA is federal law as to certain plans that controls how those plans are treated. If you work for a big oil company it is almost certain that ERISA controls. If a plan is being split, a QDRO is necessary because any settlement in which the employer’s plan administrator did not pre-approve the division and where a QDRO was not entered (an actual judgment of the court), then that agreement between former spouses is not binding on the employer. At retirement the employee spouse would still get all the pension or assets and the other spouse would get nothing. This is a gross over-simplification of a very complicated area.

    Now, in your case you are not splitting a plan -you are keeping the plan intact for yourself. A QDRO for what you describe should not be necessary.

    As for advantages of a QDRO for you, there are none. It is, as your lawyer said, a waste of time and money. It is a matter of convincing your wife’s lawyer that he is wrong.

    in reply to: Loss of property #2950
    Lex
    Keymaster

    How was the property “given” to you? Be specific. Was it in writing? Was it an act of donation? If in writing, was it signed in front of a notary and two witnesses?

    in reply to: Evict #2947
    Lex
    Keymaster

    You can ask for a new trial which has to be done in 3 days. Going back in front of the same judge does not seem like a good idea unless you have something new.Small claims court rulings are generally not appealable, which is why many defendants opt to remove small claims cases to the regular city courts (or parish court in some places).The papers you are specifically asking about are something I don’t believe we have in Louisiana. It would basically be the same as the request for new trial procedure.

Viewing 15 posts - 181 through 195 (of 195 total)