Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mr. James Zitzmann
2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Can my siblings have me evicted ?

The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.

Mr. James Zitzmann
Mr. James Zitzmann answered on Nov 11, 2019

Yes, but they can't use the standard statutory eviction process to do it.

View More Answers

3 Answers | Asked in Divorce for Louisiana on
Q: How do I get my wife to sign the divorce papers. We not been together for twenty years and she refuses to sign
Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 30, 2019

There's no way to make her sign a waiver. Just have her served normally.

View More Answers

1 Answer | Asked in Probate for Louisiana on
Q: If the judge revoked my probation and gave me credit for time served , should I still serve jail time?

I got picked up for an outstanding warrant for some probation when i was16, im now 21 & whenever I went to court the judge revoked probation and gave me credit for time served plus he dropped the charges. But my probation officer came and told him that I had never done anything i was supposed to as... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 10, 2019

You have this question listed under probate law. You need to list it under criminal law so the right people will see it.

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: cc 1521,et seq

My mother made a WILL in 1992, She passed in may 2019 after a long battle with Alzheimer's , we found out her husband changed her Will in 2016, Leaving most of her estate to her husband and his sister if he passed, leaving her daughter only her car. My mother would never leave her husbands sister... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Sep 25, 2019

Contesting the will is a different question, but CC 1521 simply means that someone named in the will has to be alive for at least 6 months after your mother's death to be eligible to receive the legacy left to them.

View More Answers

3 Answers | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: Is there a law in Louisiana that someone has to date 6 months and meet the child’s father before he can meet my children
Mr. James Zitzmann
Mr. James Zitzmann answered on Dec 31, 2018

There is no law, but it might be in a consent judgment or other judgment regarding child custody.

View More Answers

3 Answers | Asked in Divorce for Louisiana on
Q: How can I withdraw my divorce petition in the State of Louisiana? My wife and I reconciled

My lawyer is avoiding me. How do I proceed

Mr. James Zitzmann
Mr. James Zitzmann answered on Mar 25, 2018

You would have to file a joint motion to dismiss the petition for divorce.

View More Answers

3 Answers | Asked in Family Law and Child Custody for Louisiana on
Q: Daughter with me 4 months name on birth certificate mother homeless but wants custody will i loose my daughter

She gave her to me i take care of her heath insurance and day care her mother is still in homeless shelter but wants custody she has other daughter that she want let me see but left older one with me both have my last name

Mr. James Zitzmann
Mr. James Zitzmann answered on Mar 8, 2018

Based on those facts, no she won't get custody. However, you should file for sole custody yourself so rights are established properly.

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: Is there any other way to pay spousal support in louisiana other than cash or check?

I am a disabled vet on a fixed income, my ex wife makes above median income, and should have never gotten awarded spousal support. I have arears because i cant pay. Can I bring in items like a motorcycle or product i produce like honey as payment in louisiana.

Mr. James Zitzmann
Mr. James Zitzmann answered on Feb 14, 2018

If you have an agreement with your former spouse, yes you can. The exception to this is if your spousal support case has been adjudicated in non-support court, then you cannot.

1 Answer | Asked in Adoption, Child Support and Family Law for Louisiana on
Q: In Louisiana my daughter will be adopted by the stepfather, will child support ,back child support be ceased?
Mr. James Zitzmann
Mr. James Zitzmann answered on Feb 14, 2018

Yes, prospective support will be stopped but you will still owe the back child support.

2 Answers | Asked in Probate for Louisiana on
Q: My dad passed away without will.He promised me a piece of property I've been living on it for 10 years now.

My mom keeps promising after 10 years to put it in my name but never does. We would like to build a house on the property what can I do legally?

Mr. James Zitzmann
Mr. James Zitzmann answered on Feb 1, 2018

If he passed away without a will, that means the default laws of how property is inherited will be used. In this case that appears to mean that you, and any siblings you have, will get naked ownership of the property and your mom will get a usufruct, meaning she will get the use of the property.

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: Do I have to go get divorce paperwork if they can't serve me in another parish?

I live in one parish, work in another. Sheriff's Dept only serves during regular business hours no weekends. I am not home during the day, they want me to come pick up the paperwork. Does this prolong the divorce if I don't go get the paperwork?

Mr. James Zitzmann
Mr. James Zitzmann answered on Feb 1, 2018

Yes, it will prolong it because you need to be served in some way.

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: my Wife left because she wasn’t happy said all she wanted was her care and her cloths.

I didn’t want her to leave. I asked to try and work this out but said I had chances to do so. But the night she left she asked if she could have our kid for the night and I said yes. Just curious on my options. She said other than her car and cloths that she wants nothing and I will be getting... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 31, 2018

That is unlikely to actually happen if all of the stuff you mentioned is community property. However, it would be possible to craft a consent judgment on the partition the way you want to do it. You do need to make sure they issue is properly before the court to avoid lesion.

1 Answer | Asked in Divorce for Louisiana on
Q: I need attorney to help me to divorce my husband. We don't have anything to split. He left 3yrs ago. I need a price?

He lives in Houston Texas

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 30, 2018

Thank you for posting your question. I can complete an uncontested divorce for 400 plus costs, which should be around 300. Please give me a call at 504-434-0462.

1 Answer | Asked in Family Law, Civil Rights, Communications Law and Juvenile Law for Louisiana on
Q: What are the laws on moving out at 17?

I am 16, soon to be 17. My dad is an alcoholic and is only in town every 2 weeks. My mom is dating an abusive guy that sells drugs. I want to leave, but I don't know if I can.

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 29, 2018

Well, someone has custody of you until you are 18. This means there is a possibility you could be returned. To get around this you'd need to petition a court for emancipation.

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: If the father lives in New York while I live in Louisiana, does he have to pay child support?

He has known I was pregnant since I found out. At first he wanted to be apart of the baby’s life. Now that he has a new girlfriend he wants nothing to do with the child or me! He tried saying he was going to take me to court for entrapment. But we both agreed on making a baby! I told him I was... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 29, 2018

You'll have to get a motion filed in nonsupport court, but yes, you can cause him to pay.

2 Answers | Asked in Divorce for Louisiana on
Q: Property division

When my husband and I divorced, he kept our home. In the decree he was to pay me 25% of the rent he received and $40000 upon its sale. I did remarry. Does this mean I have forfeited all proceeds from the home?

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 29, 2018

No, you did not.

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Louisiana on
Q: Can the decision from a HOC be made if both parties are not present.

The date was a big question mark.

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 26, 2018

If service of the petition was made, then yes.

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: If I'm paying child support, do I have visitation rights under the child support court or do I have to get an attorney

Or do I have to get an attorney and go fight for visitation.

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 21, 2018

No, nonsupport court does not have jurisdiction to decide child custody. You'll have to file your own pleadings.

2 Answers | Asked in Probate for Louisiana on
Q: My father passed 14 months ago. He had no will. Who's responsible for estate? Me or his common law wife

Lived with her 20 yrs in her house but not legally married

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 10, 2018

Louisiana does not have common law marriage but will recognize common law marriages from other states. You would need to determine this first. However, you can file a petition to open the succession yourself since you're an heir.

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: In Louisiana, if I divorce my wife can I take all the financial burden away from her?
Mr. James Zitzmann
Mr. James Zitzmann answered on Dec 26, 2017

You can decide on a consent judgment to partition the community property in any way you two want to. However, you want to make sure the motion to partition is properly before the court to avoid the possible issue of lesion.

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.