Questions Answered by Robert Martin Louque Jr

Q: Can I collect my deceased ex husbands SS Benefits

1 Answer | Asked in Social Security for Florida on
Answered on Oct 12, 2016
Robert Martin Louque Jr's answer
You cannot collect his benefits until you reach retirement age if you are not disabled.

Q: Why should I do if my parent ssi have been put in our joint account without my knowledge and I've been spending it

1 Answer | Asked in Social Security for Maryland on
Answered on Oct 6, 2016
Robert Martin Louque Jr's answer
You are going to have to pay it back. It's best to contact them and inform them of your parent's death and come up with a plan to back the amounts you spent you were not entitled to receive.

Q: My ? Is I was indicated on ssi frund in texas I was held liable for back pay plus had to do 5 years probation the judge

1 Answer | Asked in Social Security for Texas on
Answered on Sep 8, 2016
Robert Martin Louque Jr's answer
Are you asking whether you can do something about a federal judge making you pay back money you received from social security that you never should have received?

The answer is no. You were required to pay back the money you should have never received.

Q: what are our visitation rights for our grandson

1 Answer | Asked in Family Law for Louisiana on
Answered on Sep 5, 2016
Robert Martin Louque Jr's answer
Unfortunately, you do not have any legal rights (that a court can order) unless your child (the grandchild's parent) had died or is incarcerated. If your own child is denying you visitation, the court is powerless to order visitation.

A non-parent can obtain custody of a minor child but only in extreme circumstances where the child is in danger (no the lesbian relationship alone will not qualify).

Q: My step son that I have raised since he was 9 years old. Now 30 years old is in a medically induced coma.

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Louisiana on
Answered on Sep 4, 2016
Robert Martin Louque Jr's answer
I am very sorry for your step son's situation. Unfortunately, it is too late to consider a "medical power of attorney." A medical power of attorney is something you set up to deal with this situation before it happens. Given your step sons age, I am assuming this was not anticipated and he probably did not think he would ever need someone else making medical decisions for him because he was incapacitated. Since he was likely silent on who should make medical decisions on his behalf,...

Q: I have a bad back and doctor says I should be able to work, but can't find work because of it. Can I still get SSI?

2 Answers | Asked in Social Security for New York on
Answered on Sep 1, 2016
Robert Martin Louque Jr's answer
Social Security Disability is not about whether you are able to find a job. It is about whether you can perform the duties of any job. If your own doctor says you can work, you will have a hard time winning a disability case before the Social Security Administration.

Q: I am not the seller I am the buyer.

1 Answer | Asked in Bankruptcy and Real Estate Law for Louisiana on
Answered on Aug 31, 2016
Robert Martin Louque Jr's answer
I am not sure what you are asking. I am not aware of any requirement that a mortgage company guarantee release of a mortgage (especially if it's not paid off) on a bond for deed contract. You can certainly agree to assume a mortgage under a bond for deed and it's part of the negotiation between the parties (price paid, etc.)

I am also unsure of the effect of the bankruptcy on your rights under the bond for deed contract because bankruptcy throws a wrench into everything. Did you...

Q: Can the Seller in a Bond for Deed file Chapter 7 within 3 months of agreement?

1 Answer | Asked in Bankruptcy for Louisiana on
Answered on Aug 31, 2016
Robert Martin Louque Jr's answer
How did you manage to "sell" property on a bond for deed contract that you do not own. Aside from those problems, let's assume you are the legitimate seller on a bond for deed contract. If you file Chapter 7, the trustee would likely be very interested in seizing that asset and selling it or collecting the money from the buyer. It has to be listed as an "executory contract" and is quite frankly a very attractive asset that a Chapter 7 debtor would typically lose.

Q: Does Louisiana law require drivers to carry collision and comprehensive (full coverage) on a leased vehicle?

1 Answer | Asked in Consumer Law and Car Accidents for Louisiana on
Answered on Aug 30, 2016
Robert Martin Louque Jr's answer
I am not sure if Louisiana law requires it but I am willing to bet the rental car agency requires it as a condition of renting their $15,000+ vehicles, in case you wreck it. Most people do not have $15,000+ lying around and the rental car agency is within its rights to protect itself and its investments.

Q: Are handwritten wills legal in Louisiana? If so, do they need to be witnessed and notarized?

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Answered on Aug 30, 2016
Robert Martin Louque Jr's answer
Handwritten wills are perfectly legal in Louisiana. The only purpose behind them is so someone does not have to go to a notary and have witnesses. It just has to be hand written, signed, and dated. It can be on a dirty McDonald's napkin as long as it meets the requires of an olographic will.

Q: What must I do to receive SSI when my husband makes to much money. Do I need to fill for devorice or legal separation?

2 Answers | Asked in Family Law and Social Security for Florida on
Answered on Aug 30, 2016
Robert Martin Louque Jr's answer
I see this a lot. One spouse wants/needs SSI/Medicaid. They get "divorced" but still live together. Years pass and Social Security eventually catches on. Huge social security and medicaid "over payment" they have to pay back with the occasional charge of medicaid fraud in extreme cases.

It would need to be a legitimate divorce with legitimate separation of household arrangements to be valid and risk not having a huge problem down the road WHEN social security figures it out.

Q: The court is making me pay my arrears and support on my daughter that made 19 and graduated in 2015. Is the normal?

1 Answer | Asked in Child Custody, Child Support, Employment Law and Family Law for Louisiana on
Answered on Aug 29, 2016
Robert Martin Louque Jr's answer
Yes you still have to pay the child support you did not pay before your daughter became an adult. It is owed for the time your ex-wife was taking care of her and not receiving support.

If your children are being taken care of by someone else and they are not adults, you may be able to take your ex-wife to court for custody but you still owe child support until you do that.

It is normal to suspend the drivers license of someone who is behind on child support but they normally...

Q: Hello. i need to know what or the steps i need to take for divorce?

1 Answer | Asked in Divorce and Family Law for Louisiana on
Answered on Aug 24, 2016
Robert Martin Louque Jr's answer
You have a couple options, you can file for a divorce based on adultery that would end the marriage sooner but would also end any entitlement you have to interim spousal support sooner. You can also separate from your husband, file a "no fault" divorce and then wait 12 months after he is served to obtain a final divorce.

An attorney can tell you what is best based on your financial needs. You may be able to assist your attorney on what is needed for your mental and spiritual well...

Q: a car had parked on my property for 2 years what can I do?! Damages to my property and the own is TD Bank what can I do?

1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Answered on Aug 24, 2016
Robert Martin Louque Jr's answer
I am assuming you do not have a license as a vehicle storage facility nor a business license so no they do not owe you storage fees, especially if this is your vehicle they are repossessing.

Q: How can I get out of my lease?

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Aug 24, 2016
Robert Martin Louque Jr's answer
Unless you informed your landlord of you reasons for getting the lease AND the landlord agreed that you could get out of the lease if it did not work (written in the lease) they you cannot get out of the lease without the landlord's consent. The only provisions I am aware of for military personnel when it comes to breaking a lease is 1) receiving PCS orders to move to another location, 2) orders to be deployed overseas, or 3) orders to live in on base housing.

Q: Father in law was working part-time but had to quit - dialysis 3 days a week. If on medicare can he get SS benefits.

1 Answer | Asked in Social Security for Florida on
Answered on Aug 24, 2016
Robert Martin Louque Jr's answer
You cannot get both social security retirement and social security disability benefits at the same time (if that is what you are asking).

Q: Can i get a lump sum for my ssdi?

2 Answers | Asked in Social Security for California on
Answered on Aug 20, 2016
Robert Martin Louque Jr's answer
If you are asking whether the SSA will give you a lump sum for future social security disability benefits, I have never heard of them doing such a thing because there is no way to know how much longer you will live. If you are in the process of trying to obtain benefits, you get a lump sum for past due benefits and the amount depends on the date you are determined to have been disabled.

Q: son receives check from father passing away. what is normal monthly amount?

1 Answer | Asked in Social Security for Florida on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
You do not get nearly the amount of money the person paying taxes into the system would have received. I have seen checks as low as $50 and as high as $700. It really depends on how much the wage earner earned during his lifetime and how many recipients are collecting on the benefits. There is a family maximum so if there are quite a few claimants, everyone's check will be reduced so that the family maximum is not exceeded.

Q: Sex offense law changed (LA) How to fix it, was a felony, now a misdemeanor. Turned 18, got charged. 2004

1 Answer | Asked in Criminal Law for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
I would obtain the services of an attorney for this procedure. It is not guaranteed but there is a procedure to relieve someone of sex offender requirements for a carnal knowledge conviction if the conviction was a felony then but would be a misdemeanor today. The procedure can be complicated so getting a lawyer is the best option to make sure it is done correctly.

Q: What does schedule ii penalties carry on a first offense and is it considered a misdemeanor or felony

1 Answer | Asked in Criminal Law for Louisiana on
Answered on Aug 19, 2016
Robert Martin Louque Jr's answer
The only drug offense that is a misdemeanor is simple possession of marijuana. Every other drug possession offense is a felony.

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