Louisiana Recent Legal Answers from Lawyers

This is not a completely simple question. One child can file. However, the other children are likely "indispensable parties", and the defendant(s) may file an "exception" for "failure to join indispensable parties. The court would have to determine at that time how to proceed without the other children.  Is there a reason why the other children do not wish to file? I could be more specific if I knew a few more details.    Best wishes, jukie quinn ... Read Answer

If you did not appear in court, then most likely a bench warrant for your arrest was issued. The bench warrant needs to be recalled and is most likely only going to be recalled if you appear before the Judge. Failure to appear is considered contempt of court and you are exposed to potential jail time of 6 months (180 days) for each count, however this is a worst-case scenario. I would recommend you contact an attorney in your area and have him/her appear with you in court in order to have the bench warrant recalled and the Judge to sentence you for your contempt/failure to appear in court.... Read Answer

There is no numerical percent ceiling on these cases, but instead a lawyer may only charge a reasonable attorney fee.. If you do not believe it is a reasonable attorney fee, then you should speak with your lawyer and if there is no resolution, then you can contact the Louisiana State Bar Association and ask for a mediation of your attorney fee dispute. Be aware that an asbestos suit is a complicated and demanding case in which recovery is always questionable, and requires a skilled and capable lawyer.... Read Answer

The father can agree to the adoption. If so, we can send him a Consent to Adoption for him to sign. If he does not agree to the adoption, we can involuntarily terminate his parental rights if he has failed to pay child support pursuant to a child support judgment for at least 6 months or has failed to communicate or visit with the child for 6 months or longer.... Read Answer

Punitive damages, also known as exemplary damages, are damages above and beyone the monetary loss suffered by the claimant, which are designed not to reimburse the wronged party, but to punish the wrongdoer.  As a general rule they are not available for breach of contract claims, and are only awarded for the most egregious torts.  Thus, for example, if you take a sledgehammer to my car because you're mad at me, the compensatory damages I can recover are the lesser of the cost or repairing my car, or the loss in value to the car.  However, because your actions were deliberate and egregious, I may also be able to collect additional damages unrelated to the damage done to my car, as a means of punishing you and deterring you, and others, from engaging in such wrongful conduct in the future.... Read Answer

The surest way is to file a law suit against the agent and request bank statements and other financial information, which they will have to provide.  Since your mother-in-law has died, the lawsuit would have to be filed by her estate.  A court-appointed executor is needed for this, so her estate will have to be probated.  Good luck.  ... Read Answer

If I understand your question correctively, your father took out loans on two cars.  He did not leave this cars specifically to you, but rather left everything to you and your brother.  His estate is liable for the loans.  If the estate does not pay, the loaner will be able to repossess the cars.  You and your brother are free to make a deal between you as long as you both agree as far as how the loans will be repaid, but, if you want to keep both cars, the loan will have to be repaid somehow.  ... Read Answer

In this case, a lot depends on the wording of the will. If your mother granted the executor the right to sell the property, your sister would have the right to sell the property and put the proceeds into the succession. If it merely says that you each inherit a one-half undivided interest in the property, then she cannot sell it without your involvement. I'm sorry that you're having such a difficult time. Unfortunately, often a family member can make things difficult for others.... Read Answer

Louisiana law is pretty different from other states so I would encourage you to talk to a lawyer there.  But I will give you some general information that I think, although am not sure, is true for all states.  It sounds like you and your siblings inherited some stocks, bonds, annuities, and property in 1998.  I'm not clear whether your dad had usufruct over those assets or whether he had usufruct just over the assets he inherited personally.  Your dad remarried at some point, and it sounds like he left everything to that wife.  Any assets that your dad inherited from your mom that were not encumbered by a trust, he was free to spend or transfer to his second wife.  Trust assets are usually not subject to probate process, but the the legal document that created the trust or his usufruct should include some language about who replaces your dad as trustee when he passes away.  That is the personl that you should be in contact with to determine whether you are entitled to any assets.  I'm not sure why you were in court or what your attorney failed to prove, but your rights and any actions you should or can take depend on the details of the usufruct, what assets are involved, what court action has taken place so far.  It honestly doesn't seem to me that you will be able to get sufficient legal guidance online.  I recommend speaking to another lawyer in LA who specializes in probate litigation. ... Read Answer

An attorney has an obligation to keep his client informed of the status of their case.  So too must the client stay in contact with their attorney. I suggest that you email your attorney asking for a case status and any other questions or concerns you may have regarding the matter.  You should also call your attorney on the same topics.  If you do not receive a reasonable response you can either contact the louisiana office of disciplinary counsel with your complaint or ask another lawyer for assistance in discovering the status of your case.  Good luck. ... Read Answer