Louisiana Questions & Answers

Q: How can i get work authorization. I'm married to a US citizen. My current visa is F1.

1 Answer | Asked in Contracts and Immigration Law for Louisiana on
Answered on Dec 13, 2017

Your US citizen spouse will need to petition for you by filing the form I-130. You will likely be able to file the adjustment application (green card application) along with the petition and from the date of filing you would receive employment authorization (work permit) in about 4 months. I strongly recommend working with an immigration attorney so you can get through this process without any unnecessary delays or mistakes. Congratulations on your marriage!
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Q: My grandfather passed away and left a house and land to my grandmother in a will. My grandmother passed away.

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Dec 13, 2017

Both successions have to be opened and can possibly be done at once. All goes to your grandmother by virtue of the will. If she passed with no will, then all goes to her children -- all of them. Best to have all heirs on board to work out partition on splitting of the proceeds to be able to handle efficiently and cost effectively.
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Q: Can one heir change lock on property

1 Answer | Asked in Probate for Louisiana on
Answered on Dec 11, 2017

Lots of other info could impact answer here. If there are co-owners, all should agree on how to manage the property - all are burdened to prudently use and preserve the property, and a co-owner should not prevent another co-owner from making use of the property. Still, if locking the property is necessary to preserve it, there may be a good basis.
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Q: can you sell land without succession. My father deceased and left no will. I am administrator of father estate.

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Answered on Dec 8, 2017

If no Will is involved, and all heirs in agreement, including the surviving spouse (your mom?) if the land is community property, can do a small succession affidavit. It is a cost-effective way to transfer your father's interest in the land without a judicial opening of succession. Contact counsel well versed in Louisiana probate.
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Q: I live in Louisiana, do I have to use a faulty medical device attorney in Louisiana?

1 Answer | Asked in Medical Malpractice and Products Liability for Louisiana on
Answered on Dec 8, 2017

Did you go through the La. Assn for Justice and ask if there were medical products attorneys? There used to be a number. Try those. If they say no, let me know. You can have outside cousnsel but then they'd want local counsel in many cases.
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Q: Will I have to file suit to move forward with possession of the property if the niece does not want to do a succession?

1 Answer | Asked in Family Law and Probate for Louisiana on
Answered on Dec 6, 2017

There seem to be a few moving parts here. You'll need to file a petition to open the succession regardless since it involves immovable property because you need to keep the title clear. When you say the niece has not come forward, does that mean you can't find her or she is contesting the will? Also, you indicated that you and the niece, both legatees under the will, were also witnesses to the will; this is problematic as it can cause the legacy to lapse. A legacy lapsing will change the...
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Q: If I sign a employment agreement in which I'm to receive 30% of my annual salary as a bonus each year plus an addition %

1 Answer | Asked in Employment Law and Energy, Oil and Gas for Louisiana on
Answered on Dec 6, 2017

Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the bankruptcy. This is a highly fact-specific question, and cannot be answered without more precise details regarding the contract and the company's legal status.

Charles
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Q: If I wasn’t at fault and the other vehicle I collided with Head on didn't get a ticket either..

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Answered on Dec 5, 2017

The issuance (or failure of same) has no bearing on liability. However, I’m not sure I understand the sequence of events. If you had to maneuver to avoid the collision with the driver who pulled out in front of you only to collide with another vehicle head on, it will probably require the retention of an accident reconstructionist to help recreate the scene and to assist in showing liability upon the driver who caused the chain of events.
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Q: I was on a line boat fire....I lost a close friend and coworker I'm suffer ptsd greatly. I don't know if I should sue..

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Answered on Nov 30, 2017

If it was on the job you get comp. If not you can make a claim for your injuries if someone's carelessness caused the fire. You should contact a member of the La. Trial Lawyers Assn who handles workers comp and other cases--they give free consults.
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Q: Why would I receive this letter about my child's father filing bankruptcy when he owes me child support and that's it?

1 Answer | Asked in Bankruptcy and Child Support for Louisiana on
Answered on Nov 29, 2017

The child support payments are probably debts that he listed on his bankruptcy schedules, and everyone listed on the schedules received notice. I assume this is the notice you're referring to, but I can't know for sure unless I look at the document you're referring to. If this is the case, there's nothing you need to do. Child support is not dischargeable in bankruptcy, so he will still owe this money, even after his bankruptcy is closed.
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Q: Mother passed away in 2015. Trying to sell property that is still in her name. Brother is incarcerated. What can be done

1 Answer | Asked in Probate for Louisiana on
Answered on Nov 29, 2017

At the outset, need to know if your mother passed away with a will. If so, the Will controls transfer of her estate. If no will, then, the next questions are: surviving spouse? And, how many children? After addressing these preliminary questions, a probate attorney can assist you with the necessary procedure.
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Q: My child's father is filing for bankruptcy and he owes me back pay can he bankrupt on his child support?

2 Answers | Asked in Bankruptcy, Family Law and Child Support for Louisiana on
Answered on Nov 27, 2017

As long as child support or domestic support obligations, not usually dischargeable.
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Q: My wife left a week ago and now claims I will be evicted tomorrow from our home, is this legal?

1 Answer | Asked in Divorce for Louisiana on
Answered on Nov 23, 2017

The issue of use of the community home is handled during the divorce proceeding. It isn't possible to use the normal eviction statutes.
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Q: Can my citizen children and I receive Medicaid even though my husband is a a green card holder with a sponsor?

1 Answer | Asked in Immigration Law and Public Benefits for Louisiana on
Answered on Nov 21, 2017

US citizens are eligible for means tested public benefits, even if they are married to someone who is undocumented.
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Q: What is Louisiana civil code 996 and where can I get a copy

1 Answer | Asked in Estate Planning and Civil Litigation for Louisiana on
Answered on Nov 21, 2017

You can get all of Louisiana codified state law here: https://www.legis.la.gov/legis/lawsearch.aspx

There is no Civil Code Art. 996 nor code of Civil Procedure Art. 996. Not sure what you are looking for.
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Q: How do i divorce my husband if i moved to Louisiana and he lives in Georgia but i cant find him to serve papers

1 Answer | Asked in Divorce for Louisiana on
Answered on Nov 21, 2017

You can still get a divorce, but it will cost you a little more. If he can't be served, then you'll have to have him served through an attorney (called a curator ad hoc) appointed by the court to represent him. The curator will take some rudimentary steps to try and locate him and may run a "whereabouts" ad in the local paper before filing an answer on the absentee's behalf. Costs vary, but you can expect it to cost an extra $500 or so to go this route.
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Q: Is there a "statue of limitations" for negligence homicide in the state of Louisiana? new evidence has just been found.

1 Answer | Asked in Wrongful Death and Criminal Law for Louisiana on
Answered on Nov 15, 2017

There's manslaugher. But as to a civil case, that sttute of limitations has long gone, and it's up to the DA whether to bring a "cold case."
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Q: My husband and I have been Seperated for 2 months. No one has filed for divorce. I keep our daughter during the week an

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Answered on Nov 14, 2017

How old is your daughter? Who is supporting her? Before any issue come up, it would be advisable to immediately seek physical or legal custody of your daughter so as to manager a proper visitation or stay with either of you so decided by the court.

Consult Attorney of your local jurisdiction for specific advice.
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Q: If I’m 17 and the father of my child is 18 and I do not want him around my child how can get this approved

1 Answer | Asked in Child Custody and Family Law for Louisiana on
Answered on Nov 13, 2017

I would file a rule to establish custody as soon as the baby is born. The earlier the better, to address with the court whatever issues you may have as to the baby's safety around him.
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Q: Can Child support still be filed even if the child’s father is in school with no job?

1 Answer | Asked in Child Support for Louisiana on
Answered on Nov 12, 2017

Yes, but the amount of child support is based on his income, so it may affect how much he has to pay
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