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Louisiana Questions & Answers
1 Answer | Asked in Estate Planning for Louisiana on
Q: I live in Louisiana, my mother has passed away. I have 1 sister and a 1/2 sister. can my dad leave my 1/2 sister out

my father has me and my sister's benefices for all of his accounts

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 30, 2022

More information is needed, however unless your 1/2 is a forced heir, then he could leave your 1/2 sister out of the will. Please contact a successions attorney in your area to specifically discuss your case.

1 Answer | Asked in Domestic Violence and Libel & Slander for Louisiana on
Q: Can a person sue for defamation, if another person makes a bogus report to DCFS about child abuse and neglect.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 30, 2022

A suit for defamation is not precluded from what's in your post, however, whether or not you would recover would depend on the specific facts of your matter.

1 Answer | Asked in Personal Injury for Louisiana on
Q: My stepdaughter was a volunteer for a camp she hurt her in ankle in a hole in the camps park are they liable
Tim Akpinar
Tim Akpinar
answered on Jun 29, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. It's possible they could be liable, but more details would be needed about the accident. I hope your stepdaughter is okay. You could reach out to local attorneys to discuss in further detail. Most law firms... Read more »

1 Answer | Asked in Business Law and Contracts for Louisiana on
Q: I want to obtain and LLC for scrap metal recycling and a dismantlers license. What should i do?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 28, 2022

Not certain of your question --is it your want to purchase an existing LLC or you to form a LLC? That said, whichever it is, what you should do is start by meeting a business/corporate attorney to make sure whatever it is you want to do is in your best interests. If you are forming an LLC, is the... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Q: I’m in Louisiana, my husband bought a home before we were married, however, we’ve been married for 11 years.

Who leaves after a domestic argument and do I have any right to the home?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

Based on your post, you do not have any right to ownership of the home, however if community funds were you for the upkeep and payment (perhaps mortgage) of the house, then you ight be entitled to some reimbursement. Also, you might have an argument for staying in the house until you are divorced,... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: If I do not have an attorney, how do I respond to an ex Parte motion?

There are untruths in the ex Parte

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

While you may not have an attorney, you can and should certainly try to hire one to assist you with responding and representing you. In the meantime, additional information is needed to respond to your post as there are multiple ex-parte motions which have different ways/requirements for... Read more »

1 Answer | Asked in Child Custody for Louisiana on
Q: My ex husband has sole custody of our 2 girls. My ex and I want to change our legal custody to our girls living with me.

What do we need to file with the courts so that we both share custody but they now live with me..

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 22, 2022

If you have an existing Order/Judgment then you probably need to do a modification, but if significant changes have occurred since the Order then it might be best to file a new suit----without more information, people on this board cannot adequately provide guidance. I strongly recommend that you... Read more »

1 Answer | Asked in Family Law for Louisiana on
Q: I would like to take the pro se route to remove a curator over my son ( suffered a severe TBI). I’m the under curator

His father was appointed curator and I was made the under curator because I’m a out of state resident. He is blocking me from seeing my son or getting medical updates on his condition. I hv been by my sins side since the accident that occurred in September of 2021. When I tried to visit after I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 21, 2022

Although you indicated you want to go the pro se route, since you posted, I will first reply to suggest that you consult with a lawyer to discuss the pros and cons of going the pro se route in this matter, as well as so the consulting attorney can review the legal pleadings. Furthermore, if the... Read more »

1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: My dad is paying back payments. I’m 21 now,my mom has the card with my name on it. Is it possible for me to get the $

Mom lives in LA I Been living in Texas by myself since I was 13. She refuses to give me the back child support she is finally getting. How would I be able to get the card & is that even possible for me to get the money directly to me. Or does she have to be the one getting it? I wasn’t sure... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 20, 2022

You can and should consult with a lawyer who is in the jurisdiction where the Order was issued/signed to see what, if any, options are available to you, however it is most likely not going to provide you the answer you seek----still, you should get the consult to see if there is any way you can... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is a search warrant considered invalid if it doesn’t have a the person’s name that has “supposedly” committed the crime?

Can it be valid with only a room # at a hotel?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 20, 2022

If this is a search warrant, then an accused's name is not needed-----the presiding Judge has to determine whether or not the affidavit in support of the search warrant provides enough information to justify/allow for a search of the area to be search and also for what is sought.

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: A misplaced n g tube was Actual Cause of death. Discovered after prescription do I have a path forward to sue?

Actual Cause although mentioned by ER Doctor 5 times, n g tube looped in distal esophagus, tip terminated, coiled in hiatel hernia above diaphragm blocking airway, my family was told septic shock and bowel perforation killed my mother. I feel this has been criminally mishandled.

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your mother. Condolences to you and your family. Yes, you could possibly have a path forward, but no one here could say for certain until the records are reviewed by medical... Read more »

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: My family is needing a succession to clear up some property in Louisiana. It is 9 involved. What's the process
James Scott Ruel
James Scott Ruel
answered on Jun 17, 2022

Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,... Read more »

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1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Louisiana on
Q: I was served papers from my husband for blood and name change. I wasn’t in the state but someone signed how? Could they

How could they let anyone sign I missed court so they dropped his arrears and I guess changed my son name yet I knew nothing about this

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 14, 2022

Please contact a child custody/family attorney in your area to discuss the specifics of this. Good luck.

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: My 13 yr old jumped off someone's dock twice then noticed the no trespassing sign and stopped

The owners live out of state and didn't witness what happened at this public lake and are pressing charges. Can this really happen in Louisiana?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

Can your 13 year old be issued a citation for trespassing? Yes, this can happen, however, for his to be found "guilty" the prosecution will have to provide its case beyond a reasonable doubt. I would recommend that you hire (or at lease consult with) a criminal defense attorney (and one... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What does lsa ccp 3943 mean?

Sole Custody was change pending trial. No parties testified or cross examined.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

LA CCPr article 3943 involves the time period in which you have to appeal a custody, support or visitation judgment.

More specific information is needed to properly respond to this and if you do not already have an attorney, then I would recommend that you immediately contact a few...
Read more »

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: What if one parents is on deployment and wants the grandparents to have custody and the other parent doesn't

Mother doesn't want this to happen

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

Do you have a written custody order? What does it say as to this situation or comparable situations? More specific information is needed to properly respond to this and if you do not already have an attorney, then I would recommend that you contact a few custody attorneys in your area to discuss... Read more »

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Am I entitled to a refund of my deposit to a painting contractor that continuously reschedules? It's been 60 days

I received an invoice for $200 within 5 minutes of receiving the quote on April 19 to get my bookcase job on her schedule. I received a past due notice in less than 24 hours. It was paid within 24 hours. I was informed the deposit goes towards my balance.

Crickets

May 13 I still... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

Is there a written contract between the 2 of you and what does it say in regards to the deposit being refundable or non-refundable. If there is no written contract or the contract is silent, then you have a case that it is a refundable deposit, however, depending on the amount of the deposit and... Read more »

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: What do I do in family custody court if the other party bring up my charge of child endangerment but I wasn't convicted
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 10, 2022

What is recommended is that before you go to Court you hire a family/child custody lawyer to represent you and help you put on your case. Good luck.

1 Answer | Asked in Criminal Law for Louisiana on
Q: 1 yr. susp'd, new charge,revoked,served 1 yr, now 2 yr offer. Can I get credit ALL time served incl'd DOC on 1st charge?

To clarify, in Louisiana, I was given a 1 yr suspended sentence (probation), then caught a new charge while on probation. I was arrested, then self revoked my probation, sentenced to 1 yr DOC (which should have left me with like 2 more weeks, but DOC miscalculated my time -OR- JPCC turned in my... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 9, 2022

If the Judge sentences you and specifically says you get credit for time served , including time in Parish and in DOC, then you should.

1 Answer | Asked in Family Law for Louisiana on
Q: Can my son’s mother outright deny me of taking my son to another state for a few days with no court order ?

My son’s mother is basically denying my right to take my 1 month old son out to houston for a couple days to spend time with him where i reside. I infact, do have everything needed to take care of him, food, shelter, clothing.. I’ve made open communication with her multiple times letting her... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 8, 2022

As you can tell from your situation, it is best that you immediately contact a family or child custody lawyer to get some parameters and details in play so that you do not have this issue in the future. Good luck.

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