Generally, no. Is it a mere missepelling? Or is the entire name incorrect?

If a mere misspelling, a scrivner's error, that will not invalidate it. If it is an entirely different name, possibly someone who is not even know by the testator (resulting perhaps from the attorney using... View More

You should review the contract and ascertain if this was services for a flat fee or hourly. In my state (Louisiana), the state bar does not require flat fees to be run through a trust account.

Assuming that you have funds due held in trust, simply ask the attorney for a return of the... View More

No, it doesn't sound like it. What it sounds like is happening is that you are paying him something and relieving his obligation. So in other words, if you are paying him cash that you received that was already taxable, you are just investing the cash in an increased interest in the project.... View More

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... View More

No, you can't do that. Theoretically, if you just moved in, you could get squatters rights, or title to the property. But generally, that is a 30-year period (depending on state law) of possessing the property and you have received no objection. Not likely to happen.

I would take a... View More

A "Health-Care Power of Attorney" is what you need and it is specifically authorized in statute by most states. It should be HIPAA compliant, and cover any and all medical prodedures and contingencies.

A "Health Care Directive" or "Living Will" is a narrower... View More

The Louisiana Trust Code begins at La. R.S. 9:1791. You can page through the sections at the website of the Louisiana legislature. Hit the forward arrow button. http://legis.la.gov/legis/Law.aspx?d=106739

Alternatively, you can use this website... View More

Generally, yes you can do this. You would have to inform the attorney and he would "unenroll" from the case.

However, if you have any outstanding obligations to the attorney, under the laws of most states, the attorney would have the option of filing a "claim" as a... View More

I always have the mandatary (powerholder) sign off accepting the mandate (power of attorney). To my knowledge, acceptance of a Mandate (power of attorney) is not presumed in Louisiana.

I agree with the other lawyers who have posted here with respect to naming an alternate agent/powerholder when the documents are originally prepared. Unless your state law provides otherwise (highly unlikely) you cannot delegate the rights and duties under a power of attorney. In my state of... View More

No.

If you only want to fight over the vehicles that are at issue, and you want to do this on the cheap (give up the cash and don't worry about the headstone) and the father died without a Last Will and Testament, you can fill out an Affidavit of Small Succession with the DMV and obtain a title on... View More

I agree that you should call a succession attorney. The Louisiana Code of Civil Procedure has an ordering code article that gives preference to family members to be appointed in preference to others in order of degree. Your question makes it sound like the person appointed has no relation to the... View More

I agree with attorney Whitehurst. A power of attorney (mandate) can be exceedingly broad or exceedingly narrow. The Power of Attorney should specifically state if you can initiate a lawsuit on behalf of your loved one. If this is not clear, you risk the other side throwing up an... View More