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I was a passenger in my own vehicle when another person who was driving caused an accident. I don't have insurance, but the police allowed me to leave the scene without citing or charging me. No one was hurt, except for a woman who went to the hospital as a precaution. Both vehicles involved... View More 
answered on Mar 25, 2025
Based on your post, I doubt you would go to jail and/or be threatened with jail. As for legal trouble, there is the possibility of traffic citations being issued to you although generally they are issued at the scene. Another possibility is a civil claim being made against you depending on the... View More
My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More
answered on Mar 25, 2025
The process by which the title to all community, and separate property, if any, gets transferred to the intestate heirs (no Will) is by a succession in the Parish where your Mother lived/was domiciled. For community property, the surviving spouse receives a legal usufruct and the children receive... View More
My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More
answered on Mar 25, 2025
My recommendation is that her husband go to a local Office of Motor Vehicles and ask what is needed. The general rule is as attorney Tournet stated----transfer via succession/probate proceeding. That said, I believe the State and Office of Motor Vehicles has a procedure for transfer without a... View More
I want to sue my brother, who is the executor of our mother's estate, to sell our mother's vacant house. Myself and my other two siblings agree to the sale, but our fourth sibling, who lived in the house, is now using estate funds to pay for utilities and expenses that will be divided... View More
answered on Mar 24, 2025
I recommend that you (and the siblings in agreement with you) consult with a probate attorney or 2 of your choice to discuss your concerns and desires as to this situation-----after said consult, y'all can then decide the best way to proceed----whether it is to have your brother pay your fair... View More
I have a video recording of someone agreeing to give me money. In the video, the terms of the agreement were clear, and the person acknowledged accepting the transaction. Is this video sufficient to be considered legally binding in Louisiana?
answered on Mar 24, 2025
More information is needed but I do not think the video, by itself, is enough. It is not self-proving and is hearsay (out of court statement intended for the truth of the matter). As such, at a minimum, context and testimony sufficient to show that the video is authentic and reliable would be... View More
I have been paying child support, but my ex has continuously prevented me from seeing my children since 2016. There is no formal custody or visitation order in place, although I have raised this issue during child support hearings and was advised to seek a pro bono family law lawyer. Despite... View More
answered on Mar 20, 2025
You need to file something with the Court asking the Court to set periods of visitation so that your vistiation rights become an order of the Court. If yoou are unable to hire an attorney, then contact the local bar association and see if they have a pro bono program, or if they can provide you... View More
My vehicle was struck by another vehicle on March 13, 2023; the other driver was at fault and received traffic citations. The accident totaled the car and injured two passengers with facial injuries and a broken hip. My mother’s insurance lapsed on March 9, 2023, and the responsible party’s... View More
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answered on Mar 20, 2025
Unfortunately, if the crash occurred in March 2023, the matter is prescribed - meaning your claim is lost. If the date you entered is wrong and the crash occurred recently in March 2025 - you may have options. Even though the insurance on your vehicle was lapsed and the claim may be subject to... View More
My husband passed away and a piece of land in his succession has this statement on this piece of property. I am his survivor and inherit his estate do I get this piece of land
answered on Mar 19, 2025
More information is needed here and specifically, perhaps a review of the document itself because unless someone reviews it, one is really just guessing as to what is actually intended. It may be the donation is to husband and wife but that's simply an uneducated guess if one does not have... View More
I have visitation with my 9-year-old daughter from 10 am on Saturday to 4 pm on Sunday. She prefers to be at home at night rather than staying over, but her mother insists she must stay. I've tried talking to the mother about our daughter's preferences, but she hasn't agreed to a... View More
answered on Mar 18, 2025
I assume your custodial arrangement is in writing in the form of a stipulation or judgment which has most likely been signed by a Judge---assuming that is correct, then unless (until) it is changed, that is the rule/law of your case and is to be followed unless the parties agree not to do so. If... View More
I loaned someone $5,000, which is less than what they actually owe me. I have text messages from the borrower confirming they will repay me. They've indicated they will pay me back this week. However, I had to send $150 for the transfer, and I still haven’t received the repayment. Could you... View More
answered on Mar 18, 2025
Short version is that in general, if you believe someone owes you money and the borrower does not voluntary re-pay, then you will have to sue him in civil court. Now, the specifics and terms of the transaction will determine the strenght of your case---I highly recommend that you contact a... View More
My husband and I want to dissolve our prenuptial agreement, which was signed in March 2009 in Louisiana. We both agree to dissolve it but cannot find the original document, and the attorney who helped us has retired. Both parties are willing to sign a specific document to dissolve the prenup. What... View More
answered on Mar 10, 2025
Short version is that I highly recommend that you hire an attorney to prepare the paperwork to make sure it is done correctly as at some point in time in the future you do not want to have someone go back and say the agreement is void or not enforceable because it was not done correctly. If I... View More
I divorced my ex-wife in September 2024. During the child support hearing in August 2024, she told the court she didn't want child support, and later declined my offer, saying it wasn’t enough. She informed me she filed for child support in January 2025, even though I haven't received... View More
answered on Mar 10, 2025
Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More
I received a petition today stating that I owe $6,904.62 plus 8.25% interest, 25% attorney fees, and costs. There's no original judgment date mentioned. Can I appear in civil court anytime within ten calendar days after service without risking a default, or should I go as soon as possible? I... View More
answered on Mar 7, 2025
The Petition is the vehicle which starts the process to obtaining a judgment against you. The citation attached with the petition should tell you how many days you have to respond (or Answer) the petition before the petitioner may seek a default judgment against you----based on your post, it... View More
I'm facing a charge of second-degree murder and have been dealing with this case for over three years, including two years in jail. My court date is in 3 months, and I'm currently on my second public defender who doesn't communicate with me effectively. I'm considering... View More
answered on Mar 7, 2025
You should not represent yourself, especially if you are currently incarcerated. You are facing life in prison and you need to have legal counsel representing your interests. if you do not believe the public defender's office is adequately representing your, then you are free to hire your... View More
answered on Mar 6, 2025
A Louisiana attorney could advise best, but your question remains open for a month. Until you are able to consult with a Louisiana attorney, the short answer most anywhere nationwide is that it would depend on any agreements/advertisements here, dental office's posted policies, whether... View More
I have been married for 15 months, staying home upon my husband's insistence, while he works. He started lying and talking to other women only 7 months into our marriage. We have no children, and everything, including my car, is in his name. There is no prenuptial agreement. I'm concerned... View More
answered on Feb 26, 2025
Your have options but in order to obtain them you most likely will have to go to Court ----at this time, I highly recommend that you set up a consultation (or 2) with a divorce/family law lawyer in your area----sit down with them, discuss the specifics and they can tell you your options in detail.... View More
I have a family member who needs to appeal a criminal case sentencing. They have twenty-nine days to file the paperwork. What is needed to file the appeal without a lawyer, and are there options for obtaining a pro bono attorney?
answered on Feb 24, 2025
You do not have a lot of time to file the appeal----since I assume that the family member has an attorney at the district court level, I would recommend immediately contacting that attorney and setting up an appoint to discuss your concerns listed on this post- and options---also, said attorney can... View More
I am trying to understand the definition of a surviving spouse under Louisiana law in the context of inheritance. The deceased, who had one son, was married for four months before passing intestate. The company's plan names a primary beneficiary, but its rules state the benefits go to the... View More
answered on Feb 20, 2025
A surviving spouse is the surviving husband or wife of the Decedent. As to non probate assets, such as retirement accounts and life insurance accounts, those should always be paid to a designated beneficiary. In your query, I am not clear if a "company plan" is a type of profit... View More
I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More
answered on Feb 20, 2025
If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More
I currently have half custody of my one-year-old child. I am out of town on a regular basis and would like to temporarily have my child under my mother's care while I am away, so my family can see him as well. There are no existing legal agreements about this, and I generally do not... View More
answered on Feb 17, 2025
Legally? If you want legal, then you need to go to Court and have it signed by a Judge. I strongly recommend that you contact a lawyer in your area to discuss your options and best way to proceed here. More information is needed as to the relationship between you and the baby mama in order to do... View More
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