Bassmaster

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Viewing 15 posts - 1 through 15 (of 92 total)
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  • in reply to: POA #4232
    Bassmaster
    Participant

    Kind of confusing.

    By “double” you mean, perhaps, duplex?

    “The army told her…’ How is the Army involved?

    Father and contractor were living together? Need some details there. Are you maybe switching from referring to person as “daughter with POA” to “Contractor”? Are they the same person?

    Yes, ambushing her with the attorney is wrong, but then this sort of thing happens all the time.

    in reply to: Duty owed to heirs by succession attorney #4204
    Bassmaster
    Participant

    The succession attorney represents the executor or administrator of a succession. That was long ago determined to be the ethical duty of the attorney -especially since there would always be a conflict situation if the attorney was deemed to represents the heirs.

    In these cases it is always necessary for the heirs who are not happy with the way things are being handled to hire their own attorney.

    in reply to: Tree root damage #4203
    Bassmaster
    Participant

    There are plenty of cases on trees, tree limbs, and liability for known defects in a tree. However, I am not aware of any cases on tree roots -there may be, but I have not seen any.

    Now, cases become law because they went through trial and then got appealed. If the case is not appealed, then it does not go down in the books for us to have a guideline. Tree cases generally don’t involve enough money to try in court and then appeal. The only time there might be enough money involved is where a limb or tree causes significant personal injury or property damage. In other words, the neighbor’s tree fall on your house or a limb hits you child playing in the yard.

    With all that in mind, see if something can be worked out with your neighbor. That may not be easy since it usually costs $4 thousand or more to remove a large tree that is close to houses. If the tree is in any way a threat to him, then you may be able to convince him to help out.

    I am aware of cases where someone just goes ahead and cuts away the roots on their side of the property -which led to the tree dying -which led to a suit when the tree fell on a house. Before doing anything regarding the tree, I would get an arborist look at the situation and give a written opinion on what can be done safely.

    in reply to: Relinquish parental rights in divorce #4198
    Bassmaster
    Participant

    You generally cannot give up parental rights in exchange for not having to pay support. In general terms, you usually have to have someone else on the hook (so to speak) before you are no longer liable. That is most often accomplished with a step parent adoption if the ex remarries and the new husband agrees.

    There are other possibilities that are too technical to discuss here. You would do well to sit down with a lawyer to look at the options.

    in reply to: LLC for rentals? #4197
    Bassmaster
    Participant

    The main benefit of an LLC is that it can insulate you from personal liability if someone is hurt on the property and sues.

    There can also be tax advantages, but you would need to talk about that with a CPA.

    in reply to: Conflict of Interest #4196
    Bassmaster
    Participant

    Couple of questions:

    1) When was the agreement signed?
    2) Was the signature obviously not yours? In other words, did it not look at all like your signature?

    in reply to: Tenant without AC a couple of days wants rent deduction #4151
    Bassmaster
    Participant

    I don’t think this is so much a legal question as a customer relations question.

    It might be reasonable to want some compensation for the inconvenience and expense. It also would be reasonable to require receipts. You could deduct for two days of rent more as a compromise than because you have to.

    The “have to” issue boils down to what the lease says. Some leases cover this situation. If so, then that would control.

    in reply to: LTC – Medicaid – Land donation #4149
    Bassmaster
    Participant

    I think Lex included some discussion about the family home so that people reading this thread understand that some things can be exempt from being a countable asset for Medicaid purposes.

    As to your specific question, if someone is getting a portion of their own land, then it is not a donation. This is usually done by a partition where the co-owners stipulate who owns what and the specific, defined, portion (which is either known or a survey is done). Nobody involved is gaining nor losing anything. The niece gets a defined portion of her own property while the others still have undefined portions. The only argument as to value is that the niece technically has a more valuable share since it is now a defined portion rather than an undivided interest in the whole.

    The bank is requiring this, by the way, because they cannot easily accept a mortgage on co-owned land unless all co-owners become liable on the loan. I’m sure they don’t want that.

    Is this making sense? Whether or not the partial interest in the property should have been disclosed, or whether it was actually disclosed, is a moot point at this stage. Again, the bank may have said “donation” but when it gets to their legal people, they will probably want it done by partition. I’m not sure how an elder law attorney can add much to this.

    Assumed facts:
    1) Several people own undivided interests in a piece of property.
    2) One of the several people want a loan and the bank requires a specific ownership of property, not co-ownership.
    3) Through an act of partition or otherwise, one person ends up with a specific piece of the land while the others stay undivided owners of the remainder or define their own separate portions.

    in reply to: Heirship How do I submit to active succession case #4140
    Bassmaster
    Participant

    The Louisiana Legal Advisor contains a diagram showing who inherits depending on whether it is separate or community property. If the deceased person was never married, then separate vs. community property is not an issue.

    So, in the Order of Succession, a single nephew will inherit everything to the exclusion of all cousins. As Lex said, if things were not done properly then the recourse is to intervene in the Succession or re-open it if the Succession has been closed. I will try to add a screenshot of part of the diagram I am referring to.

    Bassmaster
    Participant

    Unfortunately, the issue of them finding another tenant goes towards mitigation. That is, if they sue you for breaking the lease (or more likely turn you over to a collection agency) then you can bring up the mitigation issue. That may or may not work based on several other factors. Mitigation is a general “equity” argument that it would not be fair to let the landlord benefit from this situation by getting the lease paid twice.

    The point is, nothing is automatic here and if it gets to the point of collection or court, your credit may be toast.

    My best suggestion is that you contact the Bar Association for your locality (not sure about Ruston), but most can refer you to a lawyer that will advise you personally at a reduced rate. Maybe that way you could weigh your options.

    in reply to: Residential (Half PArty Wall Double)?? #4121
    Bassmaster
    Participant

    Got no ideas here. N.O. is world to itself and I’m a simple Northshore lawyer.

    in reply to: Multiple owners of property #4120
    Bassmaster
    Participant

    Ordinarily a partial owner would wait until there is a judgment of possession confirming who owns what and then file a partition suit to force a sheriff’s sale and get their share.

    Anyone is free to sell their interest in a succession, but it is like selling the fish now that you hope to net later.

    in reply to: Assets in Mississippi #4119
    Bassmaster
    Participant

    Probate must be filed in the parish/county of the domicile of the deceased. If he was domiciled in Mississippi, then the probate should be completed there and an ancillary proceeding done in Louisiana.

    in reply to: Are heirs responsible for deceased Unsecured loan #4111
    Bassmaster
    Participant

    Usually a creditor will file a proof of claim in a succession. At that point you have classes of creditors and ranks of privilege. So, first comes administrative expenses, like court costs and attorney fees. Next comes secured creditors who usually are secured by a mortgage on a particular asset like a house. Then there are unsecured creditors who normally take a share on what is left over.

    A big point to remember is that heirs are not personally responsible for any debts. They cannot be obligated for more than they receive or will receive. For example, if you have a gross estate worth $100,000 but debts total $150,000, you have a net estate of -$50,000. No heir is responsible for that minus figure since they can each refuse their inheritance -just walk away. Now, that is not to say that you can’t negotiate a deal with creditors and get then to agree to take pennies on the dollar.

    As for the bank’s $15,000 claim, the bank would have to file a proof of claim in the succession to get paid, heirs have no personal responsibility. The oil lease income, assuming that is a succession asset, would be something that creditors of the estate could have rights to. It really takes an experienced probate lawyer to decide the best strategy in this situation.

    in reply to: Taxes after 2.5 years #4110
    Bassmaster
    Participant

    “My wife received his final paycheck”

    Why did she receive it? Was it a matter of convenience or was it in some official capacity, like executor?

    Ordinarily, when there is an estate with no assets, then that is what a creditor of the estate would get -nothing. It sounds like something different went on here.

Viewing 15 posts - 1 through 15 (of 92 total)