Louisiana Recent Legal Answers from Lawyers

Here is some general information regarding inheritances and bankruptcy. It should not be considered legal advice concerning your particular fact situation. When someone files a Chapter 7 bankruptcy, a trustee is appointed to liquidate all of their nonexempt property and pay their creditors who have filed proofs of claim. When a person files a Chapter 13 bankruptcy, they get to keep their nonexempt property as long as they pay their creditors what is called the "liquidation value" of the property and pay all of their disposable income to a bankruptcy trustee for 3 to 5 years. Unimproved land is generally nonexempt from seizure and sale under Louisiana law (and therefore IS reachable by the bankruptcy trustee) unless the land is part of a person's homestead. Furthermore, if someone files bankruptcy today and they inherit property within 180 days of filing, the trustee may be able to administer and sell that property. There may be a workaround, if the person's parents have not yet passed away, but it would likely involve their parents making a will or creating a trust. Your situation is too involved to give you a quick answer on an Internet website. You should immediately consult with a Louisiana attorney for specific advice concerning your individual situation..... Read More

If the decedent was domiciled in Louisiana, the proper venue to open his succession would be the state judicial district court in the parish in which he was domiciled on the date of his death. You can find maps of all the Louisiana state judicial districts here: https://www.lasc.org/About/MapsofJudicialDistricts. If you're still in doubt about where the district court is located, you should probably call the general phone number for the Clerk of the Louisiana Supreme Court and ask them for general information. They are not allowed to give you legal advice. Here is the contact information: Clerk of Court:Hon. Veronica O. Koclanes400 Royal StreetNew Orleans, LA 70130P: (504) 310-2300TTY: (504) 310-2546Clerk's Office Email: COCVM@LASC.ORG The easiest way to find out whether the succession has been opened would probably be to go down to the parish courthouse and visit the office of the Clerk of Court. Employees of the clerks' offices are usually very helpful and would probably look up the name for you. If this succession has been opened in that parish, you will be able to actually read all of the documents that have been filed in the case. Remember the saying, "A little learning is a dangerous thing." If property rights are involved (and ALL successions involve property rights), you should consult with a Louisiana attorney so that you don't do something that will adversely affect your rights.    ... Read More

An attorney would need to review the documents that were prepared.  If your mother left her half of the house to you and your siblings, you own 1/2 of the house.  Did your step-mother have a will?  Again, an attorney needs to review the documents to see what was actually done.... Read More

The answer to your question depends on whether or not an executor or administrator has been appointed by the court. You state that your mother-in-law left a will. In the will, she probably appointed an executor or co-executors.  She may also have given the executor the authority to act independently, without prior court approval of many of his actions. If the heir who changed the locks is an independent executor, then it is likely that he is acting within his authority and that his action is legal. Even if your mother-in-law did not name an executor, the other heir may have had himself appointed administrator of the succession and gotten authorization from the court to secure the property by changing the locks. You stated that there is an attorney settling the estate. The very first thing you should do is contact the attorney and speak to him for more information. If you're unhappy with what he tells you, then your only realistic alternative will probably be to retain an attorney of your own, at your own expense, and bring the matter to the attention of the judge who is handling the case.  ... Read More

Here's a practical tip - if you can't pay the full amount you agreed upon, pay what you can every month. When you stop cold, or miss payments, it seems to attract more attention. Regular monthly payments are a big deal, but that might not stop a lien or a garnishment or a seizure of your bank account. Your options are to enter into a new installment agreement with the State, or to file a Chapter 7 bankruptcy if the taxes are dischargeable, or to file a Chapter 11 or Chapter 13 bankruptcy reorganization plan to provide for payment arrangements. The Louisiana Department of Revenue is generally more difficult to deal with than the IRS. The collectors take their jobs seriously and they have a lot of administrative rules that they have to follow to prevent showing favoritism to any particular taxpayer. Although the LADR collectors are tough, some of them are sympathetic to taxpayers who are down on their luck because of medical issues, involuntary unemployment, or family problems. One thing is certain - you will do better contacting them first before they lien or garnish your property. If you can't get anywhere with the collector assigned to your case, talk to an experienced Louisiana bankruptcy attorney.  ... Read More

If the property has been purchased at a properly noticed and conducted tax sale, the three-year redemption window cannot be extended under current law. That doesn't mean the tax sale purchaser won't allow you to redeem after the deadline (although he may very well not). It means that the purchaser can bring a lawsuit to quiet title and ultimately obtain possession of the property interest he bought at the sale. You need to take immediate steps to protect your rights.  ... Read More

Sounds like there's something more going on than what you are aware of. What has the debt consolidation loan company told you? Do they agree that your Discover card was included?  Did they make any payments toward that debt? If you have received papers from the court, you are going to have a very limited time to respond. You may have as little as 10 days from the date you were served with papers to file responsive pleadings in court.  One thing is certain: if you don't do anything with the court proceeding, Discover will be able to get a money judgment against you by default and you don't want that to happen.    ... Read More

Theoretically, you could open your father's succession, have an administrator appointed, and haul your sister into court to explain where everything went and what she did with the proceeds.  And then, theoretically, the court would order her to pay everything back that she was not entitled to. Realistically, the heirs might spend a lot of money to hire an attorney, and the estate might not be able to collect anything from your sister. Sadly this happens sometimes when the heirs do not open a succession promptly and administer a person's estate under court supervision. Based on your question, it appears that real estate is involved, so the heirs will sooner or later have to deal with property maintenance, payment of taxes and insurance, and a possible eventual sale of the property. And that will likely require formally opening the succession and getting the court involved.    ... Read More

Did your husband have a will? From the wording of your question, it sounds like he did not. Assuming your husband died intestate (which means “without a testament”), and further assuming that he was domiciled here in Louisiana and everything he owned on the date of his death was located here, Louisiana law will determine what everyone gets. Under Louisiana inheritance law, the separate property of a Louisiana’s decedent (the person who died), and the decedent’s half of the community property, go to all of his children equally, if the decedent had children. If any of his children predeceased him, then that share would go to that child’s children. In some cases a surviving spouse might be entitled to a usufruct over some of the property left by the decedent. If the property your husband’s son wants was acquired by your husband in his own name before he married you, then it is separate property. There’s a lot more information a good attorney will need to know in order to properly respond to your specific legal question, and the only way for you to get the answer you need and want is to schedule a consultation with a Louisiana lawyer and give him or her all of the facts.  ... Read More

When something sounds too good to be true, it usually is. Banks don't usually operate like that. This scheme sounds really, really fishy. Not minnow or goldfish fishy. Great White Shark fishy. Your mother should hire a knowledgeable and experienced lawyer right away. A few hundred bucks now might save her thousands of dollars later.... Read More

There is no absolute right to appear by video, instead of in person, when subpoenaed to attend a trial on the merits  in Louisiana.  You should talk to your attorney. If you do not have an attorney, you should probably find one. You should also be making contingency plans to be in court, in person, on the trial date.... Read More

The finance company does NOT automatically lose its lien when a debtor files a bankruptcy case. Valid liens pass through and survive a Chapter 7 bankruptcy unless they are "avoided" (nullified) in an additional bankruptcy court proceeding. So although the Chapter 7 bankruptcy eliminated your personal obligation to pay back the finance company loan, the collateral that you put up in order to secure the loan (your vehicle) is STILL encumbered by the finance company lien unless the lien is cancelled by an order or a judgment signed by the bankruptcy judge. You cannot legally sell your vehicle without also tranferring the title to the new purchaser. The physical Certificate of Title is presumably being held by the finance company. It is unlikely that the finance company will give it to you out of the goodness of its heart. Talk to your bankruptcy attorney about this. You might have an additional problem if you are not maintaining full coverage auto insurance (including collision and comprehensive property damage coverage) on the vehicle.... Read More

If you received a citation or a summons, it certainly wouldn't hurt to consult with a lawyer.  The problem may not be as simple as "paying half the fine." When you inherit land with or without building on it, you become an owner of that real estate and under Louisiana law you have the legal responsibility of maintaining that property in good condition. That means cutting the grass, preventing the property from becoming a nuisance, and paying the taxes. You also run the risk of being sued if someone is injured on the property as a result of the property's ruin or neglect. If there is an inherent defect in the property that causes damage to a person or thing (for example, a termite-infested tree that blows over in the wind and damages a neighbor's house), you may be strictly liable for the neighbor's harm even though you did not know of the danger. Paying the fine may be just the beginning of your problems.  You may be required to make extensive repairs to bring the property up to code, and you will have the ongoing obligation of keeping the property up to code. If you can't afford or don't want to undertake the responsibilities of ownership, you should consider selling the property or donating it to someone who will properly care for it. Hope the above helps.... Read More

Maybe.  You don't say what happened after you found el cucaracha and complained to management. You did complain to management, didn't you? Did they fill out a report? Did they give you a phone number to file a claim? Did you give them a written statement? If you didn't make a report, you're probably out of luck. Did you contact the city and/or parish health authorities and make them aware of the conditions at the restaurant?  Did you take pictures? Everyone has a cellphone with a camera these days. Did you go to the doctor or the E.R. afterward? Any pre-existing medical issues? Did you get the names of any unbiased witnesses who might have seen you run to the restroom? It must have caused quite a commotion. Cases like this usually wind up going all the way to trial because the restaurant's reputation is at stake. Unless there are very serious medical issues and provable damages, it will probably be difficult to find an attorney who will accept your case on a contingency fee basis. I think I'd find another restaurant.  ... Read More

That's a question that you should take up with the attorney who is representing you. Your attorney will likely want to make sure that the judgment is both final and definitive so that you aren't held liable for a wrongful seizure if the judgment is reversed on appeal or if there are grounds for a new trial. Clients should always remember that getting a judgment against someone doesn't mean you're going to be able to collect it. In many cases it's entirely possible that the defendant just does not have the money or assets.  It is not unusual for a defendant to resist paying a money judgment, especially to pay the attorney who just beat him in court. When that happens your attorney will advise you of the steps (and costs) involved in collecting from the defendant and you will have to decide whether it is worth the time and expense.... Read More

There is no way to answer that question without actually looking at the document that you are being asked to sign. If there is an attorney involved, and it sounds like there is, you should ask your brother for the name and phone number of the attorney for your mother's succession and ask the succession attorney to explain the reasons for your brother's request.  ... Read More

Inheritance rights in Louisiana do not depend on the formal opening of a succession.  That does not mean, however, that an heir (or the children of a deceased heir) can automatically take possession and control of the estate of a decedent without consequences. Depending on the gross value of the property of the estate and/or the date of death of the decedent (see Small Successions, L.C.C.P art. 3421 et seq.), it may be possible (but not necessarily advisable) to put the heirs in possession without judicially opening the succession. Although the costs upfront of the small succession procedure are lower, there is no court-issued Judgment of Possession that protects the heirs in the long run.  If the estate is of even moderate value, the benefits of opening a succession judicially generally outweigh the added expense.    ... Read More