Louisiana Recent Legal Answers from Lawyers

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 More

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 More

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 More

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 More

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 More

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 More

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 More

You cannot marry another without having your former marriage terminated. In every state, there is a record of marriage. In Louisiana, the office of the state registrar compiles and issues vital records for Louisiana citizens including for marriage. You can access the website at new.dhh.louisiana.gov. You can also check the records to see whether there has been a divorce filed by your marriage partner. If not, you can begin a divorce action on your own. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

I don't think you can.  Your wife owes an obligation to the lender.  The lender is under no obligation to release her from her obligation.  Of course it will if you meet its criteria for refinancing, but it seems that you do not.  The best you can do is to contract with your wife that, if she is ever called upon to pay anything on the loan, you will indemnify her.  Of course, if she ever had to pay on the loan, it probably means that you were unable to pay it, and thus would be unable to indemnify her anyway, but it's better than nothing.  If you pay the loan on time, however, your wife has nothing to worry about.... Read More

Assuming the accident happened in Louisiana - almost all police jurisdictions in Louisiana refuse to report on accident occurring on private property. So it wouldn't matter whether or not either of you called the police - they likely would have told you they don't report on accidents occurring on private property. You can contact your local sheriff's office or police department and inquire.    Second - the other driver is trying to scare you. If it was a hit and run, how would he have your information? And text messages and phone records will show otherwise - that you and he have been in constant contact.    I would call  your local law enforcement agency and 1)  ask about the issue of accident reporting on private property; and 2)  see if they will take a report about  either the accident or this guy blackmailing you (he's claiming he will make up a crime that you committed unless you pay him – you committed no crime and therefore it's extortion). ... Read More