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Louisiana Questions & Answers
1 Answer | Asked in Traffic Tickets for Louisiana on
Q: What if the ticket doesn’t have your name on it? Real name.
T. Augustus Claus
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answered on Sep 25, 2023

If a ticket issued in Louisiana doesn't have your real name on it, the validity of the ticket could potentially be questioned. Errors on a ticket can sometimes be grounds for dismissal, although this often depends on the type and severity of the mistake and how it impacts the facts of the... View More

1 Answer | Asked in Trademark and Intellectual Property for Louisiana on
Q: Why could Activision Publishing Inc. register a trademark for "It's About Time" for video games?

There were two video games subtitled "It's About Time" in the 2010s decade, Electronic Arts' Plants vs. Zombies 2 upon its initial release in 2013, and Null Reference Games LLC's Cars with Guns: It's About Time in 2017, yet Activision was able to file a registration... View More

David Aldrich
David Aldrich
answered on Sep 25, 2023

Regardless of what marks were in use, Activision was able to register this because no one else registered this mark for video games. If another party used a similar mark for video games before them, and that other party is still using that mark for video games, they could file a cancellation... View More

1 Answer | Asked in Family Law for Louisiana on
Q: Can a spouse donate the 50% of her community property to other relatives without the signature of the other spouse?

My mother, two years before deceasing, made an act of donation of a rental property belonging to her and my father to my niece without my father signature as required by Art 2353. My father deceased in 2019, today this property is in his name and my niece's name. Is this act of donation valid?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 22, 2023

If your spouse was the actual owner in the public record, then she can donate her portion. You should review the trasnfer document to make sure it was property prepared and executed. Also, it should be noted that donation, if proper, would be donated subject to any and all encumbrances which... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: If land was transferred to a person before the death of the owner but the notary didn’t witness the persons sign.

They recognized the signature as the owners what can be done.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2023

What exactly do you want? If you want to nullify the transfer then one way of doing this is to prove that the document transferring the property was not properly done/completed. If you want to challenge this, then you should first have a specific consult with an attorney to determine what needs... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Louisiana on
Q: What are my rights and what am I able to claim?

Garbage truck damaged my home left me without power for 32 days during the hottest part of the year. They are contracted through our police jury. Both have agreed the garbage company is responsible. Still waiting to be reimbursed. I had to get a loan on my car to get it fixed I have now los my car... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 20, 2023

If you have not consulted/hired an attorney then that's what you need to do as apparently what you have done thus far has not resulted in the results you seek. Use the Justia Find a Lawyer tab and search for accident or litigation lawyers in your area---call a few---many may offer free... View More

1 Answer | Asked in Health Care Law for Louisiana on
Q: Who can pronounce death in Missippi if the patient is in a hospital?

The patient was on a Psychiatric unit in a Long-term Acute Care Hospital

T. Augustus Claus
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answered on Sep 14, 2023

In Mississippi, licensed physicians are usually responsible for pronouncing a patient's death, even if the patient is in a psychiatric unit or a long-term acute care hospital. Healthcare professionals like nurses and physician assistants may assist in the process, but the official... View More

1 Answer | Asked in Gaming and Criminal Law for Louisiana on
Q: charged with Illegal use of a state ID/access gambling. I have never been in trouble before. how do i plea/ what to do?

I was 19 at the time and am currently 20. I do not have a lawyer andy court date is in 2 days. i have no idea what i am doing or how all of this works. any guidance or advice would be appreciated

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 14, 2023

If/since you have no idea what i am doing or how all of this works, then you should consult with a lawyer to have your questions answered. if after a consult with a lawyer you decide to represent yourself, then that's fine (although I would disagree), but make sure you consult with a lawyer.... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can a person incarcerated for a theft charge & charged with simple escape but didn't actually escape get a bond
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 13, 2023

There's probably more relevant information that what's contained in your post, but going from memory, there's no reason he cannot get a bond, however, the Judge setting the bond may increase the amount of the bond quite a bit as a result of the new charge of simple escape. If no... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: Can a tip compensated employee, i.e. server, voluntarily contribute their tips to the employer?
T. Augustus Claus
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answered on Sep 12, 2023

In Louisiana, tip-compensated employees, such as servers, generally have the legal right to keep their tips, as tips are considered the property of the employees who receive them. Employers are prohibited from taking or accepting tips that belong to their employees. However, tip pooling... View More

1 Answer | Asked in Probate for Louisiana on
Q: What happens when a succession is in probate and the surviving spouse dies before it is finished?

2nd marriage for both. She wasn't left anything in his will except usufruct.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 11, 2023

Based on your post, the need for the usufruct no longer exists and the people who are supposed to received the property subject to a usufrust no longer have to worry about the usufruct. That said, I recommend that you contact a probate/succession attorney in your area and have a specific consult... View More

1 Answer | Asked in Gov & Administrative Law for Louisiana on
Q: Should I sign a nursing reprimand if the administrative code is outdated and does not match the current 2023 update?

I had an arrest expunged, 2020 and graduated from lpn program in 2023, the arrest was not disclosed on the lpn application but was disclosed on the RN application that I was attending prior too. The board is now accusing me of fraud. I recieved an administrative code from 2020 stating I have... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 11, 2023

While seeking information and guidance from this Board is good, yoou really should seek and consult with an attorney who handles Board work for the practitioner, and especially one who does this regularly in front of the nursing board---someone like that will have a better insight into what the... View More

1 Answer | Asked in Consumer Law and Contracts for Louisiana on
Q: Is a company mandated to provide a receipt in Louisiana?

I hired a company to remove a tree but they have not given me a receipt to show the insurance comapany.

T. Augustus Claus
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answered on Sep 7, 2023

In Louisiana, there is no specific state law that mandates companies to provide a receipt for services rendered. However, providing a receipt is a common business practice and is typically considered good customer service. It helps both parties maintain a record of the transaction and can be useful... View More

1 Answer | Asked in Immigration Law for Louisiana on
Q: My b1/b2 visa was revoked by homeland security in Chicago airport 2017 because my son didn’t pick there call can I renew
James L. Arrasmith
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answered on Sep 3, 2023

If your B1/B2 visa was revoked, you can apply for a new visa, but the revocation will likely be a significant factor considered during the application process. The circumstances of the revocation will be scrutinized, and you will need to provide compelling evidence to overcome any presumed... View More

2 Answers | Asked in Immigration Law for Louisiana on
Q: My b1/b2 visa was revoked by homeland security in Chicago airport 2017 because my son didn’t pick there call can I renew

Can I wave interview for the renewal of my visa revoked

James L. Arrasmith
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answered on Sep 7, 2023

Having your visa revoked is a serious matter and generally it means that you will face scrutiny in any subsequent visa applications. It is unlikely that you would be able to waive the interview given that your previous visa was revoked; usually, interviews are a required step in the process under... View More

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1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: Bought a house with girlfriend. She refinanced the loan in her name only. Both on deed. She died. What happens now?

We were not together when she died. She was married to someone else. We never did anything with the home. I still live in the home. She does have one child with me and one child with someone else. We are in Louisiana. I am on the deed to the house but not the loan for the house. I have paid on the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2023

You really should speak to a succession lawyer in your area to make sure you have a clear understanding of your rights. Someone may open your ex-girlfriend's succession and that lawyer may reach out to you, however that lawyer does not represent you --hence the reason you should at a minimum... View More

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Louisiana on
Q: can i contest beneficiary of life insurance in louisiana

3 policies purchased in the 70s

beneficiary was changed twice, lastly to my dads oldest son

they had a falling out about a year prior to his death

dad changed his will to exclude his son from getting anything

multiple people including non family members know of the... View More

Anthony M. Avery
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answered on Aug 22, 2023

You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: My daughter and son-in-law have abandoned their trailer on my property . Going on 6 months. What can I do with the trail

I have plans to build a house on this land I do not know what I can legally do with their trailer. They won't answer phone calls from me. Therefore I don't know what their plans are. Wh what are my rights concerning this matter? I live in Louisiana.

T. Augustus Claus
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answered on Aug 21, 2023

In Louisiana, if your daughter and son-in-law have left their trailer on your property for around six months without communication, you may explore legal options. Sending them a certified letter notifying them of your intention to remove the trailer if they don't respond within a specified... View More

1 Answer | Asked in Collections and Family Law for Louisiana on
Q: me and my are married my wife purchased a vehicle just in her name if its repoed who is responible?
T. Augustus Claus
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answered on Aug 17, 2023

In Louisiana, if your wife purchased a vehicle solely in her name and it's repossessed, she would generally be responsible for the associated debt. Louisiana's community property laws might have implications if community funds were used to make payments. If you cosigned or have joint... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: If I was arrested and gave the police my phone as evidence as part of a crime, would I be able to get that device back?

The case is closed and I have been released. The phone was not used in trial but I took a plea deal

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 15, 2023

If you had an attorney representing you, then asak your attorney for assistance on this. if you did not have an attorney, then I would start with the District Attorney's office---call them and ask for the return of your phone and what you need to do in order to get it-----some will require... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Can a property donation be revoked if the property has been sold already to another party

I donated a piece of property to my mother, in exchange for lifetime right of use. It is my understanding that I can revoke the donation if I am denied the right to use the property. She donated the property to a third-party, yet maintained usufruct. She and the new owner of the property denied my... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 14, 2023

You need to consult with a lawyer to discuss the specifics----which in this case, includes a review of the transfer/donation documents and verifying whether or not they paperwork was recorded in the public record----after this, one should be able to give you some credible information as to your... View More

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