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Louisiana Questions & Answers
1 Answer | Asked in Family Law for Louisiana on
Q: My father passed and my stepmom neglected to tell me and my other sister for weeks. He didn’t have a will

My stepmom has never liked me and my older sister. We’re both over 18. My dad passed on December 1st of 2022. We didn’t find out about it until December 14th from a distant friend of the family. She never told us. We found out later from our two little sisters that still lived in the house that... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Yes, you should contact an attorney immediately who handles successions law to discuss your options. You can ask for a protective order to protect your interest in his estate.

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Medical malpractice: While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway!

While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway resulting in a concussion and a stay in Rapides Hospital after which I was sent to Tioga where I vaguely recall, arguing with nurse Shannon. It seems I fell in my room ending with an Ambulance ride to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Nursing home negligence falls within the Medical Malpractice Act in Louisiana. You should contact an attorney directly who handles medical malpractice matters. Good luck.

1 Answer | Asked in Medical Malpractice, Health Care Law and Municipal Law for Louisiana on
Q: Who insures the Parish Coroner for Malpractice or breach of duty to investigate a mandatory autopsy death?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

I am not certain there is a requirement for insurance, however if the coroner does obtain insurance, either the office of the coroner or the parish in which the coroner is located would most likely obtain the insurance as there is no requirement that each coroner be insured by the same insurance... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: In the "Louisiana HOA Laws", it states that "The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded

deed restrictions. The Bylaws are the rules and regulations for management and administration. The Resolutions are additional rules and regulations that the association may adopt." There is no mention of the Bylaws and Rules having to be publicly recorded. Farther down under "Are HOA... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

Someone else may give you a more direct answer to your question, however, I think more information is needed and I would also suggest that depending on the your specific situation, then perhaps some discretion (no matter the answer) might be in order. That is, while ignorance is not usually a... Read more »

1 Answer | Asked in Uncategorized for Louisiana on
Q: Regarding RS 32:384. What to expect after someone hit me from behind while I pushing another vehicle?Thank you.

State trooper cited me for unlawful towing & the driver that hit me was cited for carless operation. No injuries for anyone involved. Court date is March 22 in St. Charles Parish. Accident occurred on I-10 east bound in Louisiana.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Why are you asking this in Justia > Ask a Lawyer > Florida? It seems to be clearly a matter of Louisiana law.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can a naked owner of a property be homeless

Usufruct has there own home and is not living at the jome in question

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2023

Yes, a naked owner can in general be homeless, however, what I would suggest is the naked owner seek a consult with a lawyer, discuss the current situation and see what, if anything, can be done to perhaps change the circumstances.

3 Answers | Asked in Trademark for Louisiana on
Q: How much does a trademark usually costs?
Erik Špila
Erik Špila
answered on Jan 21, 2023

Hello, the answer to your question depends various other circumstances such as in which country you are seeking trademark protection, if you are willing to use the lawyer services or not, if you are going to do preliminary trademark search and so on. I advice you to contact IP lawyer and provide... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Louisiana on
Q: Am I required by the courts in Louisiana w/notice of deposition of opposing party, and not have any legal consequences.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post is missing something which does not allow one to attempt to answer your question.

1 Answer | Asked in Personal Injury, Car Accidents and Construction Law for Louisiana on
Q: Can dotd and contractor be liable for damage to my car from road construction

I bought a car December of 20, in March of 21 I ended up in some road construction work that we were being flagged to drive through. I proceeded to drive through like normal. Until my serpentine belt started squealing pretty much immediately and I asked the flag boy what was that down on the road?... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post suggests that the date of incident is in the year 2021----is that correct? If so, you may be out of time as in Louisiana you have 1 year from the date of incident in which to file your tort claim. If you did file a lawsuit and you have a lawyer representing you in said lawsuit then... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: in louisiana is a notice of deposition a requirement by the courts to go and answer to the other parties attorney.

I do not want to answer to them, and my attorney is not deposing them, and telling me to go to this deposition. It feels to me I'm bringing the bullets to the gun owner. .. It is a custody case with many twist .

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 19, 2023

If you were not subpoenaed to appear, then you cannot be punished for refusing to appear, assuming you are not a party to the lawsuit. You mention that your attorney is telling you to go, which makes me think you are a party, however. If that's the case and you fail to appear, then the... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: How to leave a home with no deed to a grandchild in Louisiana.

The home owners built their home with cash and the home has never had a mortgage. Therefore there has never been a deed recorded on the home. They wish to leave the home and adjacent buildings to a specific grandchild. How do they go about this?

Christie Tournet
Christie Tournet
answered on Jan 19, 2023

There has to be a deed as to the underlying land. Did the grandparents purchase the land? If so, the improvements/the house belong to the landowner. A good way to confirm owner is to go to the tax assessor website and see who receives the tax bill. The landowner can gift the land and home by a... Read more »

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1 Answer | Asked in Immigration Law for Louisiana on
Q: I am helping my friend get a green-card. He is married to a natural (born in USA) citizen and has 3 children's with her.

He did NOT enter the USA with a VISA. He is from Central America. He has never been in trouble with the law. He has been here for 17 years. He speaks English and he works steadily and has never received any assistance. He has an expired passport but can go to Consulate and have it renewed. I want... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

While it is kind of you to want to assist your friend with his immigration paperwork, there is much more to applying for a green card than simply filling out forms. He must actually be eligible for the benefits he is seeking and if he not eligible and applies he will not only be losing the money... Read more »

1 Answer | Asked in Immigration Law for Louisiana on
Q: How long does it take to petition a Filipino child under 21? I'm a US Citizen
Karol Dezwager Brown
Karol Dezwager Brown PRO label
answered on Jan 13, 2023

The minor child of a US citizen is an immediate relative. That means that there is no wait for a visa to become available. If your child is in the United States legally, you can file an I-130 Petition for Alien Relative and an I-485 Application to Adjust Status. This process is currently taking... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Arabic speaking lawyer in Baton Rouge
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 13, 2023

Call the Baton Rouge Bar Association (225-344-4803) or the Louisiana State Bar Association (800-421-5722) and ask if they can provide you with contact information for the type of lawyer you are seeking. Good luck.

1 Answer | Asked in Family Law for Louisiana on
Q: How does my child change their name in the state of Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

A petition for name change needs to be filed. If your child is over 18 then he is the party to file it. If your child is under the age of 18, I believe both parents need to have notice of the lawsuit and/or be a party of the lawsuit. Some parish Clerk of Courts have forms for this, but if your... Read more »

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: Can your car insurance drop you after one incident?

I was with State Farm for 12 years, no incidents or claims. This summer I drove my husband’s truck to the beach, on the way the ac went out. My brother met us in Alabama for the weekend, he said he’d take the truck to have the ac fixed (I’d just gotten it out of the shop for 8 months waiting... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

Yes they can although it seems to me to be a bad business practice for State Farm. If State Farm is not doing what it should from an insurance (coverage) standpoint as it relates to any of the incidents you describe, then please contacgt a lawyer in your area and discuss your options. Good... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Louisiana on
Q: My deceased mother owns property w/ a deceased fam member who paid the taxes am I responsible for reimbursing his estate

The fam member was married and now his estate (heirs) is requesting reimbursement of the taxes he paid. The property has not been succeeded to me yet.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

The legal owner of the property is responsible for the taxes. If someone else paid the taxes then the payor needs to seek it from the legal owner of the property. If the legal owner is deceased and a succession has not been opened, then one should consider opening a succession and getting the... Read more »

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: I have a criticl illness policy with UNUM, and on 2-8-2022 i was diagnosed with prostate cancer.my claim was denied

UNUM is saying cancer4 is not a critical illness,and prostate is

not a major organ. on my policy on page 5, and 21;22

say cancer is covered. And on UNUM website say

a critical illness policy cover cancer.

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. You could reach out to health care attorneys to try to set up a free initial consult to discuss your best options in terms of challenging the denial - litigation or other means,... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Louisiana on
Q: I'm I entitled to a copy of the settlement check, front and back told that I can only get the front side check not back

Went to sign the settlement check but wanted a copy of complete check ( front and back) I was told no I couldn't get the back of the check because it was unethical and was told that until I sign the check my pay will be reduced every week is this true

Tim Akpinar
Tim Akpinar
answered on Jan 7, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. An attorney might need more information to determine what is going on - it sounds like you might have a wage lien that is accumulating. That's only a general guess from the weekly reduction you mention. An... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: Does Louisiana’s no pay no play law exclusion for legally parked cars apply if the driver is not in the car.

I had insurance on 2 of my vehicles, I’m not sure why the 3rd wasn’t on there. I was in the hospital having surgery and someone backed out of the parking space next to my car swiping the back corner, my taillight and scratched my bumper.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 6, 2023

No, if your vehicle was legally parked at the time of the accident, Louisiana's “No Pay, No Play” law does not apply even though you were not carrying insurance.

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