Louisiana Recent Legal Answers from Lawyers

Being in previous accidents is not a reason to deny or limit your claim. There is no specific law for this either. However, it may be used against you to influence a jury's opinion of your character. According to insurance industry research, there are about 10 million reported accidents of all kinds each year in the U.S., so it shouldn't be unheard of that some people will get into a few in their lifetime.   D'Amico, Griffin & Pettinicchi465 Straits TurnpikeWatertown, CT 06795Local # : (866) 848 7077... Read More

The first step is to become a lawful permanent resident. Assuming the spouse is a United State citizen, the process will take approximately 6 to 8 months from filing of marriage-based adjustment of status package to approval. If the spouse is a lawful permanent resident, the process will be approximately two years due to visa availability during which time the alien will either need to maintain valid nonimmigrant status or depart the country. The earliest a lawful permanent resident could seek naturalization is three years after being granted residence. This assumes the spouses are still happily married.... Read More

A power of attorney or a conservatorship can only be done by a mentally competent adult. A power of attorney can be done by any mentally competent adult who wishes to have another person act on their behalf, it does require court approval and can be terminated at will. Both the principal (person granting the POA) and the attorney-in-fact will continue to have authority to do any act the principal can. A conservatorship is done by the court for a mentally competent but physically infirm adult. The adult asks the court to appoint a person who will take over their affairs. If the court approves, only the conservator will have the power to act on the ward's behalf, the ward won't be able to act themselves. The ward can terminate the conservatorship at any time. If the person is not mentally competent, then a guardian must be appointed by the court.... Read More

Your failure to pay child support likely has no bearing on the visa pro being delayed though should resolve this issue. It may be that the document is not being forwarded to the appropriate file or you are not submitting the correct document. Have you tried submitting the document by regular mail attached to the letter requesting the document? Emailing the NVC is often not the most effective means of communicating with them. ... Read More

Executors have several responsibilities and notifying heirs is the first one. Since you didn't get notice, it seems more likely that he didn't file the probate and didn't get appointed as executor, instead he's simply stealing everything that he can get his hands on. I would advise you to speak with a probate lawyer in the area where your father lived.... Read More

Your inheritance is your separate property. In Texas, most earned income, assets, and other valuables are considered community property after you become married. However, the one notable exception to this general rule is inheritance. No matter the size of your inheritance, it is your separate property and is not required to be divided in your community estate. For more information about this, be sure to consult with a local divorce attorney.... Read More

The father does not have any rights until he proves paternity (that he is the father) with the court. If the mother allows him to have physical custody of the child, he could keep the child and refuse to return the child to her. She could call the police who may or may not assist her. If the police refuse to assist her in the return of her child, then she would have to institute legal proceedings.... Read More

If your sister disclaimed her share then you would treat her as if she predeceased your parents. Therefore, her son would inherit her share as your attorney stated if she disclaimed it. They only way she would be able to get it to the other sister would be to take her inheritance and gift it to her.... Read More

Answer depends on a number of things. If he receives Medicaid benefits, then the State will have a lien on his interest (not your interest) in the house. If you 2 own the house as joint tenants or as joint tenants with full rights of survivorship, then his interest will end upon his death and the State will have no lien.... Read More

This is a huge question, and should be put to a lawyer who is doing estate planning for your mother. Briefly, if she takes out a reverse mortgage, you need to decide whether the family will let the house go when she passes away, or pay the mortgage. The mortgage will have to be paid after she passes away; there are deadlines, and while there are extensions available, essentially the mortgage has to be paid within a relatively short period of time after your mother passes. There will be very little time to get the house ready for sale and get it sold. There are always tax issues; these should be discussed with your mother's tax advisor.... Read More

Any estate taxes are paid by the executor from the assets of the estate. So, you shouldn't receive any money until all the estate taxes have been paid. State estate or inheritance taxes are based on the laws of the state where your mother lived at the time of her death. It doesn't matter where the beneficiaries live. You might have some income taxes on the distributions that you get from the estate. Most assets are nontaxable but some like IRAs are taxable. The executor will give you a Sch K, if any of the distributions that you receive are taxable to you. You should ask whenever you get a distribution whether any of the distribution has "income with respect to a decedent" or "income after death", so you can plan for any taxes before April 15th.... Read More