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Questions Answered by Douglas Lee Bryan
2 Answers | Asked in Contracts, Estate Planning and Legal Malpractice for Louisiana on
Q: My attorney got me to transfer$91,000 from ira / sep into his reit he refuses to return calls or make payments

He did make initial payments and then fell behind and now fails to return any calls or communications or make payments

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 28, 2024

Something definitely sounds suspicious, and there appear to be some conflict of interest issues and possible violations of the Attorney Rules of Professional Conduct. You should contact the LA Office of Disciplinary Counsel to discuss the matter with them and file a complaint... View More

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1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: Is it illegal to take a mistreated dog from the road?

I pass by this dog everyday and it’s constantly about to be hit on the highway. The people who used to live there (they no longer do as far as I know) always had new dogs that repeatedly got hit. 2/3 dogs were hit and the 3rd is an older dog. She knows to stay out of the road and is always... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 1, 2024

If the dog doesn't have a tag or other indicator that it belongs to someone, you are safe in assuming it is a stray and keep it. Similarly, if someone observes an animal being abused, neglected or being subjected to circumstances that cause you to fear for its safety, Louisiana has a law in... View More

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: Can someone who was permanently disabled from a car accident that happened 20 years ago still be compensated?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 25, 2024

Generally not, unless something was done to interrupt the prescriptive period (statute of limitations). In Louisiana, a person generally has one year from the date of an accident or incident to either file suit or settle their claim. Failure to do so will usually cause a person to lose their... View More

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1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: How do I know if a motion to reset a hearing conference was granted or when will the next hearing date be or far

Away from the date I filed for the motion will be the new date ?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 18, 2024

The judge will sign a written order either granting the motion to reset or denying it. If the motion is granted, the order will state the new date. If the hearing officer conference is drawing near and you haven't received the judge's order yet, I'd suggest calling the clerk's... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Louisiana on
Q: Do you have to contact birth father if they weren't married to the birth mother and didn't go to court for rights?

My daughters birth father and I weren't married and didn't take me to court for rights to our daughter. Now my fiance and I are looking into adoption, the birth father hasn't made contact in over a year and hasn't seen the child in over a year. So I'm just wondering what do... View More

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

The birth father may have to be placed on notice of the intent to adopt; however, his consent may not be required if he failed to communicate or attempt to communicate with the child without just cause for over 6 months. Your fiance would likely need to marry you, however, to be considered for an... View More

1 Answer | Asked in Probate for Louisiana on
Q: My husband inherited land in Acadia Parish (4th generation), which he left to his only child in his probated will.

I am the executor of my husband’s will. I am having difficulty getting the land transferred into the legal heirs name. I need advice on how to get this resolved. I have talked to the Acadia Parish Tax Office to no avail.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jul 5, 2023

If your husband had a will, it will need to be probated to have the land transferred. This can be done by way of a small succession affidavit, if his estate is valued at less than $125,000, or by filing a petition for probate with the court. An attorney experienced in successions law can give you... View More

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: Can i move in with my father?

I am almost 17. My mother and my father have joint custody but I was never able to see my dad, along with my sisters and stepmom because of my mom. My dad lives in missouri i live in louisiana. If my dad came and got me and took me in to live with him would I be forced to go back home?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 15, 2023

You didn't say whether there's a judgment determining custody, but your statement that your parents have "joint custody" makes me assume that there is one. Your father would need to file a Rule to Modify Custody in the custody case asking the court to give him domiciliary... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... View 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... View More

1 Answer | Asked in Family Law, Child Support and Child Custody for Louisiana on
Q: Is it hard to prove that you child’s father has a business (second income) if he don’t file taxes for that business?

He have business cards and a Quickbook account he gives customers receipt from. I have a copy of the business receipt that was given to a customer for him replacing his AC unit.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Dec 1, 2022

Any credible evidence can be used to prove income. It's important, however, to make sure that the evidence you have is admissible under the Louisiana Rules of Evidence. You should consult with an attorney familiar with custody and child support cases to make sure you have what you need.

2 Answers | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: I was involved in an accident, a trooper wrote up a ticket and gave me a court date. The other party has an attorney...

I was pulling out of my driveway and didnt see the car coming to my Left due to fog. I tied to gun it but they tried going into the left lane. We collided and totaled both vehicles. No one was injured. About 5 officers were on the scene but supposedly a trooper needed to be there as well. He wrote... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 30, 2022

Contact your insurance agent or your insurance company (your insurance ID card or policy has a number to report accidents) and let them know about your accident, if you haven't done so already. Make sure you get the claim number. Let them know of the attorney's name and information if... View More

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1 Answer | Asked in Family Law for Louisiana on
Q: How would my husband and I take over a conservatorship of his mother with early dementia who is being neglected?

Her daughter has become addicted to drugs and is not caring for her. She did not inform him of the conservatorship when she did it. Now we have to make medical decisions and can not.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 20, 2022

In Louisiana, a conservatorship is called an interdiction. When an interdiction is granted, the court appoints a curator (or curatrix if female) and an undercurator. Usually, the undercurator would file something informing the court that the curator is no longer capable of serving; however, any... View More

1 Answer | Asked in Probate for Louisiana on
Q: How to protect inheritance under Louisiana law from being moved out of country?

My father passed away at a Florida assisted living facility while still a legal resident of Louisiana (filed state taxes and has property in Louisiana). His widow has now removed my sisters and I from the original community property will using a Florida attorney. She is attempting to liquidate... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 23, 2024

You need to hire an attorney or attorneys who are familiar with both Louisiana and Florida successions/probate laws. Your immediate action is essential to being able to protect your family's rights. Your question is much too complicated and involved for a forum such as this. Good luck.

1 Answer | Asked in Legal Malpractice for Louisiana on
Q: My maritime lawyer lost/stole my original Federal Captain Coast Guard Licenses. They never showed up when I changed.

I don't think I can even renew or go to the Coast Guard wo representation bc there is a problem with fraud and selliing of licenses. There were also my original ss card, birth certificate, etc. After 50 years as a Captain, this is all I have to show for my career.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 21, 2024

From your question, I get the impression that you provided your attorney with your licenses and personal documents, and he has failed to return them. If this is the case, you can contact the Louisiana Attorney Disciplinary Board (www.ladb.org) and seek their assistance is recovering your documents... View More

3 Answers | Asked in Personal Injury, Gov & Administrative Law and Legal Malpractice for Louisiana on
Q: My husband and I were rear ended in shv on 4/5/24 we have been represented for injury to insurance company. However the

Person who hit us was traveling over 100mph and was not ticketed or checked for substances: the officer said he didn’t have the heart to do either because he knew the offender and the man had liver cancer. The city of Shreveport had received several calls about the speeder and did nothing! We... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 2, 2024

I'm sorry to hear about your accident, which I'm sure was a horrifying experience. You should consult with a Louisiana-licensed lawyer who handles personal injury matters, who can advise you on your rights and options.

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1 Answer | Asked in Child Custody for Louisiana on
Q: I am the grandmother and my son wants to give up his rights and give joint custody to me what should I do
Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 1, 2024

An attorney who handles family law matters can prepare the pleadings to voluntarily transfer his custody rights to you.

2 Answers | Asked in Personal Injury and Animal / Dog Law for Louisiana on
Q: I'm the one who posted in West Monroe Louisiana about Pitt bull mauling.. Rental house but landlord admitted he knew

The Pitt was on chain in BK yard for years he broke chain and I pulled up . Is landlord responsible also

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 27, 2024

If the landlord knew there was a vicious dog residing on his property and didn't take reasonable steps to ensure visitors were protected from the animal, there may be a cause of action against the landlord. An attorney like me who handles personal injury matters can help you explore your rights.

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2 Answers | Asked in Personal Injury, Animal / Dog Law and Landlord - Tenant for Louisiana on
Q: Should I sue the landlord owner of property also

I have already told the whole story on line .. I'm elder . The landlord owner of property knew dog was there for years .. Is it lawful to sue both landlord and owner of dog . Both responsible

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 27, 2024

Yes, if there are causes of action against both, you can AND SHOULD name them both as defendants in the same suit. Generally in Louisiana, if you fail to timely sue someone within the statutory deadlines set for your cause of action, you lose your right to do so forever.

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2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: If separate funds was used to purchase a home during marriage is it separate or community

Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 18, 2024

I believe technically that the new house would be considered community; however, you would have a reimbursement claim for your separate funds that were used for the purchase of the community property.

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1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: I been married 7 years and I been having a feeling he was cheating. I finally have proof. What steps do I take

He's always worked and I stayed home. He refused to help me with anything including our 2 kids

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 11, 2024

You should consult with an attorney who handles divorce and family law matters. He/she can explain your rights and options to you regarding getting an immediate divorce on the grounds of adultery, as well as child support and spousal support. Good luck.

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