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answered on Jul 19, 2021
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
How do you get it back
answered on Jul 19, 2021
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
He puts 2/3 down to my 1/3 initially.
answered on Jul 19, 2021
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
answered on Jul 19, 2021
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
looks like no one have been their since the 1990s. Ive been going back to look at it for 6 years it hasn't been touched. Only info i can find is the lot number other than that i cant even find the official address
its located 1/12 hour out of town in a rural farming community
answered on Jul 19, 2021
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
I’m an only child and my mother is widowed/not remarried. She is a type 2 diabetic with chronic related health issues due to noncompliance with her meds and eating habits.
answered on Jul 18, 2021
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
answered on Jul 17, 2021
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
I live out of state. I'm in the middle of probate in KS, and I want to change my lawyer and complete the process myself, is this possible? If so, what are the steps and would I need to appear in KS at some point?
answered on Jul 16, 2021
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
answered on Jul 16, 2021
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.
Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?
answered on Jul 16, 2021
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
My parents passed away and left the house to the children but my deceased brothers children wants to sign their portion of the house to me
His sis in law is on his checkbook to pay his bills and they want to buy a huge headstone with the 10,000 in bank but he never said that. If shed on the account does she get the money do his heirs have right to close account he had no debt
answered on Jul 16, 2021
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
there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate
answered on Jul 17, 2021
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
paperwork which was settle.
answered on Jul 16, 2021
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
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