Lawyers, Answer Questions  & Get Points Log In
Louisiana Questions & Answers
1 Answer | Asked in Bankruptcy for Louisiana on
Q: I am a co-signer on a vehicle. If I file bankruptcy will it affect the owner of the vehicle.

Thank you

Kellie

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 21, 2023

If you file for Chapter 13 relief, there is a "co-debtor stay" that takes effect when the Petition is filed with the bankruptcy court, which pertains to claims that are "dealt with" by the Plan.

If you file for Ch. 7 relief, there is no co-debtor stay, and the vehicle...
Read more »

3 Answers | Asked in Car Accidents for Louisiana on
Q: How to I petition for compensation after a car accident?

Four days after I leased a car, a driver with a suspended license and no insurance rear ended me and totaled my vehicle. I had full coverage and GAP insurance, but not uninsured motorist insurance. Is it possible to get reimbursed for all the costs that were only incurred because of the... Read more »

Joseph A. Interiano
Joseph A. Interiano
answered on May 18, 2023

Typically, if the other driver was uninsured and you did not have uninsured motorist coverage, then you cannot recover for the damages in the accident. Since you have full coverage, then you can recover the damages to your vehicle under your insurance policy's collision coverage. However,... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you get a divorce with property involved
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 16, 2023

Divorce and property (marital/community) are two different things. You can get divorce without resolving your property issues at the same time. Since oyu have property, I would recommend that you contact a family/divorce attorney and have a consult---or contact a few attorneys and have a few... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: I want to leave my property to my daughter. Can I get it notarized by a lawyer ?

I have it almost paid for. But I want this done, just incase of my untimely death. It's in a lease purchase agreement under my name.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2023

This is what I tell people----when you pass, you want to make sure that your wishes and desires for your assets go to where you want them to go and the best way to make sure this happens is through a will prepared after consultation with a will/succession lawyer----as such, I recommend that you... Read more »

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My brother passed away earlier this year. He had property that would have gone to his unmarried son.

The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions? Neither had a Will so I am depending on succession laws of Louisiana. There are no debts associated. It is a clear title.

Christie Tournet
Christie Tournet
answered on May 5, 2023

If the son was alive, when his father passed, then, the son is the rightful owner, by LA intestacy law (no Will) as to his father's property. But, if the son has now also passed, then, you have to look at whether the son had children of his own, any other sibling, or descendants from those... Read more »

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My brother passed away earlier this year. He had property that would have gone to his unmarried son.

The son never did succession and has now passed. Who would the property belong to? Would succession have to be done on my nephew if he didn’t have any possessions?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

It is hightly recommended that you consult a succession lawyer in your are to discuss the specifics of this situation, including whether the best way to proceed in this matter. Also, in reading your post, it is not clear if there is a will for either deceased person or you are relying upon the... Read more »

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Is there a lawyer that will type up the documents for a divorce if we agree on everything so I can submit them?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

I am unclear as to exactly what you are seeking however because there are potential incidental matters to a divorce, which could include, child custody, child support, spousal support (permanent and temporary), & community property to name a few, I would highly recommend that you contact a... Read more »

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Business Law for Louisiana on
Q: If i work in a group for school and we create a marketable idea of a company. Can I create the company without them?

We are creating a fake application for our marketing class. With their help we are creating the idea and presenting it. We all contributed to the final idea. If I create the application and go public with it, could I face legal backlash from them for not including them in the company?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

It depends on the terms of your agreement with the other members of the group. If you had a written agreement or contract that specifies each person's rights and responsibilities in regard to the creation and ownership of the company, then you would need to adhere to those terms. If there was... Read more »

1 Answer | Asked in Energy, Oil and Gas and Estate Planning for Louisiana on
Q: Chesapeake Energy property, which was in deceased father’s trust, did not have a quit claim from trust to

beneficiaries. This was discovered after trust ended with final tax return. Chesapeake insists there has to be quit claim from trust to beneficiaries in order to claim ownership, but since trust no longer exists, nothing can be conveyed. What should be done?

Richard Winblad
PREMIUM
Richard Winblad
answered on May 1, 2023

Sorry for your loss.

It is no uncommon for minerals to left out of a trust. In fact the same thing happened to Bing Crosby. It is extremely likely that your father also had a will with a clause that instructed that any property administered is to be put into the Trust. This is known as a...
Read more »

2 Answers | Asked in Admiralty / Maritime and Gov & Administrative Law for Louisiana on
Q: Can I get a definition and a map of inland waters of the state of Louisiana?

My charter boat insurance policy limits state: Navigation Limits Inland waters of AL, GA, LA, MS, NC, SC & TX.

And I frequently fish the coast and need to know if my policy covers me while fishing the coast or nearshore oil platforms.

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

46 CFR section 10.107 provides: Inland waters means the navigable waters of the United States shoreward of the Boundary Lines as described in part 7 of this chapter, excluding the Great Lakes, and, for towing vessels, excluding the Western Rivers.

Part 7 provides the following definition...
Read more »

View More Answers

2 Answers | Asked in Admiralty / Maritime and Gov & Administrative Law for Louisiana on
Q: Can I get a definition and a map of inland waters of the state of Louisiana?

My charter boat insurance policy limits state: Navigation Limits Inland waters of AL, GA, LA, MS, NC, SC & TX.

And I frequently fish the coast and need to know if my policy covers me while fishing the coast or nearshore oil platforms.

Tim Akpinar
Tim Akpinar
answered on May 4, 2023

You could ask your insurance agent to outline geographic boundaries of your coverage, or to provide the laws by which their underwriting department defines your coverage. However, even if they respond on that, they are not likely to identify specific offshore oil platforms that you would be... Read more »

View More Answers

1 Answer | Asked in Car Accidents, Consumer Law, Contracts and Products Liability for Louisiana on
Q: Car was involved in a MVA in July 2022. Car is still in the shop 9 months later. Car was 1 year old when MVA happened

Honda Motors has been unable to provide a replacement seat belt part. I have been in contact with Honda Motors and the repair shop EVERY month and each month they say the part is coming but then gets pushed back every month. It is now 9 months and they have told me again that the part was coming... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 25, 2023

You need to contact a lawyer to discuss the specifics of your matter. I do not know if you were at fault in the accident and/or how ypour repairs are getting paid, but most lawyers who handle motor vehicle accidents will provide you a free initial consultation---use the Justia Find a Lawyer tab... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Received summons for a simple battery charge alleged in 2015.

While conducting background check in Orleans police dept, was informed of a misdemeanor battery charge filed against me in 2015. Was given summons to appear. Would this be dismissible under statute of limitations or failing to prosecute within a required deadline?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 12, 2023

From your post, what actually happened is unclear. After you received the summons what happened? If there was never formal prosecution---a bring of the charges in Court, then it is most likely too late to bring formal charges. If formal charges were brought against you and you were to appear in... Read more »

1 Answer | Asked in Personal Injury and Education Law for Louisiana on
Q: Can my child's school refuse to let me view a video of her breaking her arm by climbing a fence with teachers present?

The prinicpal admitted that it was the school's fault. She initially said I could view the video and then told me it was against the law for me to view it because other children were in the video. It is a private school.

Clifford Cardone
PREMIUM
Clifford Cardone
answered on Apr 6, 2023

Generally, it is the school protocol to deny your access to videos unless a lawsuit is filed and a subpoena is issued for the video.

There is an obligation on the school to save the video in anticipation of litigation. But out of an abundance of caution, I would be write the principal...
Read more »

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: Is there a way to fight a ticket for not coming to a complete stop at a stop sign?

I paused and checked for oncoming traffic. And I thought I came to a complete stop, however I was issued a citation for not coming to a complete stop

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 6, 2023

Yes, go to Court and inform the Court and prosecution you want to go to trial---that said the best advice I can give is that the accused consult with a lawyer prior to any court date as it will assist the accused in identifying options and priorities. Or even better than a consult with a lawyer is... Read more »

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Do i need to attend personally to a court hearing or can my lawyer represent me

if i move overseas

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2023

If you have a lawyer, then please ask this to your lawyer----your lawyer is in the best position to know and answer your question. There are different ways of obtaining a divorce depending on each person's situation and some of them would require you to be present in court; others do not.... Read more »

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: I was served a citation for a defaulted loan. Myself and the loan company have since made an agreement. How do I respond

I was served on the 21st, we made the agreement on the 22nd, and I need to file a pleading by the 31st.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 24, 2023

You need to file some sort of pleading, which I would suggest be an Answer, so that the loan company cannot seek a judgment without your being aware of it. Also, if you have the finances at this time, I suggest you contact a lawyer and ask for a 30 minute consult to discuss this case as well as... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Does a usufruct have the right to sell or remove furniture or outdoor buildings from the house he has usufruct of.

My step fathers children are removing furniture and outdoor buildings from a house we inherited from our mom. My step father has usufruct of her house.

Christie Tournet
Christie Tournet
answered on Mar 23, 2023

It depends. You will need to look at the Will, if any, terms and the end Judgment. A legal usufruct may be provided to the surviving spouse as to all former community property - both movable and immovable. But, as to the outdoor building, I am not sure, based on limited info, if that would be... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: What portion of out of pocket medical expense is non custodial parent responsible for?

I am custodial with joint custody of our 16 year old daughter. Always been a stay at home mom. Remarried for 11 years. Ex husband CHOSE first four days of each month visitation only. He exercised this 3 x in 12 mons. Makes over $60,000 a year and pays $500 per month court ordered support. He has... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 22, 2023

You need to review the order/judgment signed by the presiding Judge and see if it answers the questions you are asking. If it says that he is responsible for some of these costs, then yes, he is responsible. If the wording is vague then you should consult with a family law attorney in your... Read more »

1 Answer | Asked in Divorce and Military Law for Louisiana on
Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.

I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.