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Questions Answered by Robert Martin Louque Jr
1 Answer | Asked in Social Security for Florida on
Q: Can I collect my deceased ex husbands SS Benefits

He past away 3 years ago, we were married 10 years together 16 had 3 boys, Plus he raised my oldest son also. Children are all grown and married, I am 53 not disabled at all

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Oct 12, 2016

You cannot collect his benefits until you reach retirement age if you are not disabled.

1 Answer | Asked in Social Security for Maryland on
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

My parents died early this year..

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Oct 6, 2016

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.

1 Answer | Asked in Social Security for Texas on
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

And also put in order I was to pay back 200.a month on the 1 of every till paid off no more are no less when I begins getting ss beenfits on mydecest vet husband I received itfor 11 month then it stoped i went to ssa office and was told that that federal judge had no right to tell tell SSA how... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Sep 8, 2016

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.

1 Answer | Asked in Family Law for Louisiana on
Q: what are our visitation rights for our grandson

my grandson and of course my daughter have lived with us since the day they were born. Bowen our grandson is 2 . my daughter is now in a lesbian relationship ( not the first one) her girlfriend was also living with us for about a year they decided to move out and now the girlfriend is doing... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Sep 5, 2016

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...
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1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Louisiana on
Q: My step son that I have raised since he was 9 years old. Now 30 years old is in a medically induced coma.

Can I fight for medical power of attorney? His sister that never have anything to do with him are not allowing me to see him in ICU. Both his real parents are deceased. I am his only living parent figure and have been taking care of him for over a year now because his blood relatives will not help... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Sep 4, 2016

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... Read more »

2 Answers | Asked in Social Security for New York on
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?

Just curious if I have a case for SSI since the doctor says I should be able to work, but I can't find a job because my history of back problems.

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Sep 1, 2016

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.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Louisiana on
Q: I am not the seller I am the buyer.

I purchased the property Jan. 2006 and the owner filed Chp. 7 Apr. 2006. I didn't know he had done this until a week ago. I had been to Capital One several times to get info for 1098's and they told me couldn't give to me because my name was no where on the paperwork. I read that in order for a... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 31, 2016

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... Read more »

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can the Seller in a Bond for Deed file Chapter 7 within 3 months of agreement?

I understood that the Mortgage Company had to sign of for the Bond for Deed. To my knowledge that did not happen due to the fact the Mortgage company wouldn't give me my 1098 for taxes. They told me my name was not on the loan which I knew. When I finish paying the loan off will it become mine... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 31, 2016

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... Read more »

1 Answer | Asked in Consumer Law and Car Accidents for Louisiana on
Q: Does Louisiana law require drivers to carry collision and comprehensive (full coverage) on a leased vehicle?
Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 30, 2016

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... Read more »

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Are handwritten wills legal in Louisiana? If so, do they need to be witnessed and notarized?
Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 30, 2016

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.

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2 Answers | Asked in Family Law and Social Security for Florida on
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?
Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 30, 2016

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.... Read more »

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1 Answer | Asked in Child Custody, Child Support, Employment Law and Family Law for Louisiana on
Q: The court is making me pay my arrears and support on my daughter that made 19 and graduated in 2015. Is the normal?

My ex wife is divorced from her husband but the court is still making me pay her child support and she hasn't had the kids since 2012 the stepdad has my kids. I need to know if there is a law against this because I was never notified about them doing this. Why is the court making me pay back... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 29, 2016

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...
Read more »

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Hello. i need to know what or the steps i need to take for divorce?

My marriage is over. Im mentally drained. i centered myself around my cheating husband and kids. Im an at home mom. We have been together for 20 plus years. My husband want to be able to be wild and free...and have a wife at home. Im just done.

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 24, 2016

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... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
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?

the bank know of this and had hired a lawyer to retrieve the vehicle but after 2 years and the lawyer is threaten me of a lawsuit if I don't let them take it! But they owe me storage fees or property damage?! Right?!

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 24, 2016

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.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: How can I get out of my lease?

I signed a one year lease under the notion that I was going to have custody of my niece and nephew and that I would have BAH to cover it. Now five months later due to lawyers fees and the fact that the army doesn't recognize a notarized custody agreement but wants one from the court that requires a... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 24, 2016

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... Read more »

1 Answer | Asked in Social Security for Florida on
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.

My father in law was working approximately 20 hours a week due to retirement and social security benefits not being enough. He became ill and now has to do dialysis three days a week due to kidney issues. Because he is on medicare can he get social security benefits to help offset his inability... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 24, 2016

You cannot get both social security retirement and social security disability benefits at the same time (if that is what you are asking).

2 Answers | Asked in Social Security for California on
Q: Can i get a lump sum for my ssdi?

I have parkinsons and i want to spend the last of my life in the philipinas.

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 20, 2016

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... Read more »

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1 Answer | Asked in Social Security for Florida on
Q: son receives check from father passing away. what is normal monthly amount?
Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 19, 2016

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... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Sex offense law changed (LA) How to fix it, was a felony, now a misdemeanor. Turned 18, got charged. 2004

My fiance was 17 in 2004 dating a 15 year old with permission from the mom. He turned 18 and her stepmother pressed charges. They were dropped but picked up by state. He is stuck w a felony and has to register as an offender. Laws changed and it's now a misdemeanor with no registry. How can we get... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 19, 2016

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... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: What does schedule ii penalties carry on a first offense and is it considered a misdemeanor or felony

My wife was arrested on this charge and it's her 1st offense just trying to see what I need to do to help her

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 19, 2016

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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