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Louisiana Questions & Answers
1 Answer | Asked in Real Estate Law for Louisiana on
Q: My wife died in Feb 2022 and left property to me and 2 adult children that I have usufruct (no will) of. I want to sell

the home and vehicles I have, one under her name and one under mine. My son may not want to release it. I wanted to attach the usufruct to this home as I am using it for the down payment on a new home. Is there any act of donation I can sign at the signing of the new home? Advice is appreciated.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 18, 2022

Was a succession completed? If so, perhaps you can consult with the attorney who handled the succession and discuss your questions/concerns. If not, then I highly encourage you to seek a specific consult with an attorney in your area---you have options but the options may be different for the... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If an offer of a free piece of land is made and accepted through Facebook marketplace is it a legally binding contract?

I recently made an offer on a piece of real estate through Facebook messenger. The conversation quickly turned hostile on his end but, eventually, the seller offered the land for free and I accepted. I am wondering if this is considered a legal contract. I, the buyer, am in louisiana and the seller... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

Without the passing of consideration, there is no contract. There are many reasons that you cannot enforce the alleged contract such as the Statute of Frauds. No Court will entertain such a suit, and it might be a scam against you.

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: My mother went to a hospital Nov 13 2021. She had COVID-19. She died Dec 7 2021. I believe she starved to death.

I visited every day and not once ever saw a plate in her room. My sister in law was visiting one day, lunch was being delivered to my mom's room, the nurse stopped the delivery lady and stated "don't bring that in there. She don't eat." Radiology was supposed to do a... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2022

A Louisiana attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your mother. One option is to reach out to attorneys to try to arrange a free initial consult, which is a standard courtesy with these types of cases. If a law firm felt that you... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: How can the discovery of a novel compound from medicinal plant be protected by patent?

Novel compounds were isolated, characterized and elucidated from a traditional herbal medicinal product that had been in use for centuries by folk medicine practitioners. Is it possible to file a patent on this?

Erik Špila
Erik Špila
answered on Oct 12, 2022

This is a very difficult to answer just based on the information you have provided. I advice you to seek qualified patent attorney in your region/city so he can guide you through the whole process and discuss you with your options.

1 Answer | Asked in Family Law for Louisiana on
Q: Does my ex have access to the house even though it was awarded to me under the divorce agreement
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 11, 2022

It depends on what the divorce agreement states. If you were awarded exclusive use then your ex should not have access unless you give it to him.

1 Answer | Asked in Criminal Law for Louisiana on
Q: “these matters are not accepted for prosecution” and “the accused is to be released from all bond obligations”

What do these 2 statements mean?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 11, 2022

The person or persons who stated this knows what he intended for those 2 quotes to mean. We answering are only here to guess/give an opinion. That said, “these matters are not accepted for prosecution” usually means that the prosecutor/district attorney has decided not to pursue the charges... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Louisiana on
Q: I lived temporarily in New Orleans for 4 months with my minor child and her home state is NY, can I get case transferee?

I was served by her father who is a New Orleans domicile seeking joint custody and to establish paternity also he is not on the birth certificate. I moved my daughter her temporarily (4 months) and her home state is in New York (10 months). Can I have the case transferred or dismissed even though... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 10, 2022

You really need to speak with a Louisiana attorney who handles custody matters. There's a lot of additional information the lawyer would need to know to answer the question, such as where the child was born and when the petition was filed.

1 Answer | Asked in Employment Law for Louisiana on
Q: How long does an employer have to pay you expenses owed if you are getting paid per diem?

Regular pay is given every two weeks. Expenses are supposed to be paid monthly, I just haven’t gotten paid since July for my expenses.

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 10, 2022

There is not necessarily a set answer to this. Per diem pay / expense reimbursement can be tricky, and depends on the specific employment policy or agreement in place. They can also interact with overtime laws in complicated ways. I would suggest reaching out to a local employment attorney for... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Louisiana on
Q: I received a deposit of 52000 dollars on a 71000 Dollar project and I only used 22000 of it and the rest was Used

To cover labor and things for 3 other prior jobs I had to complete to get to the job at hand and now they are taking me to court

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 10, 2022

Please consult with a lawyer about the specifics of your case. Also, if you have been sued and served with paperwork, please know that you have a limited period of time in which to file an Answer (respond to the lawsuit) so please make sure you do so within that time period.

1 Answer | Asked in Child Custody and Juvenile Law for Louisiana on
Q: My son been locked up on this charge violation of a protective order. Bond 25,000 what to do?

First time ever going through this situation. I need an Louisiana Lawyer

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2022

Use the Find a Lawyer tab and search for either a criminal defense lawyer and/or possibly a family law lawyer (depending on the circumstances of the protective order) in the area where your son is located. Call a few lawyers and then hire the one with whom you are most comfortable. Good luck.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can an HOA restrict you from renting your single family home or even renting a room in your single family home?

If they can - what would their legal remedy be?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 5, 2022

It depends on whether or not your subdivision's governing documents prevent rentals.

1 Answer | Asked in Adoption for Louisiana on
Q: Does the son have rights to their biological mother even though he was given up for adoption?

Woman passed away in Louisiana. She is divorced, gave her son up for adoption in Georgia, parents are deceased, and has two surviving siblings that are handling her cremation arrangements. Although she gave her son up for adoption, I'm told the adopted son still has rights and will have to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 4, 2022

A child that was surrendered for adoption still has the right to inherit from his/her parent in Louisiana, even though the parent's parental rights were terminated. I've never heard of a crematorium requiring that a child surrendered for adoption sign the paperwork, however.

1 Answer | Asked in Employment Law for Louisiana on
Q: If the business that I managed was purchased by another owner, can they pay me less or change my position without consen

I work as a manager and mechanic at an auto shop; the new owners are not willing to pay me my current rate to do a different job, or match my pay through other means. Do I have any options? I was not informed by the previous owner that I was to be expecting a change of ownership or pay, and was due... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 4, 2022

Do you have a contract and what does the contract say? If you do not have a contract then you are considered an at will employee and as such the (new) employer can dictate the terms as long as it does not violate the law. Should you have specific questions, and/or if you have a contact, then I... Read more »

1 Answer | Asked in Tax Law and Gov & Administrative Law for Louisiana on
Q: Do i have to pay the 10 percent of what my vehicle is worth in the state of Louisiana when I get a new license plate.

And I'm 70 percent DV

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 3, 2022

In answer to your question, no, however, if you have purchased a vehicle and seek to get it registered into your name, then generally you will have to pay tax on the purchase price of the vehicle which is approximately 10 percent (tax rate depends on which zip code you are residing and the tax rate... Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: I'm in the state of Louisiana. How is estates settled after death with no will.

Husband had 3 children prior to marriage wife had 1 child prior to marriage. No children together. Husband passed first with no will. Wife passed no will.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 3, 2022

I am sorry for your loss. A succession will have to be open to pass the decedent's estate onto his heirs----in this instance, since there is no will, who receives the estate is based on Louisiana law. Further, depending on the solvency of an estate, sometimes it may be advised to hold off on... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Hellos is it legal for our rent to own landlord to have us sign that we waive our rights if there was mold here

Black Mold found after signing lease

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: My mother left me a small house in her will. She has no other property. How do I get the house in my name?

I just need to know the steps I need to take. I do not live in LA and have to go back to TX Friday.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 27, 2022

Depending on the value of her estate, you might be able to complete this via affidavit. If not, then you would have to open a succession. I would recommend that you hire a succession/probate attorney to do this----it is not worth a title issue in the future because it's not done right at... Read more »

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1 Answer | Asked in Tax Law and Real Estate Law for Louisiana on
Q: I have a property I would like to purchase but is having a hard time getting the tax sale purchase to sale

At the time of the auction the owner had died and her heirs wasn't aware of the sale but is willing to sale to me but can't because the tax sale has 100% but hasn't quiet the title.I have offered him cash and still won't sale he doesn't live in state and the property is now... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 27, 2022

If this property is in Louisiana and you are not in Louisiana and this property is going up for a tax sale, then I strongly recommend that you contact and hire a Louisiana real estate attorney practicing in the local jurisdiction where the tax sale is being held so that you can make sure that all... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: If employer owns 2 stores do they have to pay overtime if splitting time between & 2 different checks?

They have me working 50+ hours a week

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Sep 26, 2022

It is very likely that this is a legal violation which would allow you to recover lost wages and penalties, but I would need a few more facts to know for sure. We've represented workers in similar cases with good results. Feel free to email or call for more information.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Louisiana on
Q: How do I go by getting financial compensation for vet bills after unleashed dog attacked service dog in our yard

How would I approach this? Husky dog ran up into our yard on our porch attacked my mother service dog, who is a chiweenie on our porch. Dog has broken bones and peritoneal hernia issues pooping etc. Surgery is likely going to be needed for the hernia. All caught on neighbors security system showing... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 26, 2022

You should contact a personal injury lawyer (or a few of them) in your area to discuss the specifics of your matter and what has transpired thus far--I suggest a few because most will provide a free initial consultation. Also, you can contact the owner of the husky dog and and inquire of his... Read more »

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