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2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: Mom and Stepdad own 3 rental properties. Mom passed away 3 years ago. Are my sister and I supposed to be receiving

Money for the rent on theses properties?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 8, 2024

Following up on attorney Arrasmith's post, I second his recommendation that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate. Additionally, 1 other thing to point add which was not mentioned by attorney Arrasmith is that your mother... View More

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2 Answers | Asked in Probate and Estate Planning for Louisiana on
Q: Mom and Stepdad own 3 rental properties. Mom passed away 3 years ago. Are my sister and I supposed to be receiving

Money for the rent on theses properties?

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, the distribution of assets after a parent's death depends on several factors, including whether your mom had a will, the nature of property ownership between your mom and stepdad, and state inheritance laws.

If your mom owned the rental properties jointly with your...
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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More

2 Answers | Asked in Business Law and Civil Litigation for Louisiana on
Q: Is appropriating someone's name, image, or likeness unlawful?

I know that plaintiff can seek damages for the nonconsensual use of their name, image, or likeness through a right of publicity claim. I want to ask if it is unlawful. This is because about 7 entities appropriated my name, image, and likeness in their videos. They did it separately and they did it... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, the nonconsensual use of someone's name, image, or likeness can indeed be considered unlawful, especially in the context of a right of publicity claim. This right is designed to protect against unauthorized commercial use of an individual's persona.

If you've...
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1 Answer | Asked in Tax Law, Estate Planning and Probate for Louisiana on
Q: In Louisiana, does legal usufruct of an inherited house have any affect on capital gains tax when the house is sold?

Under IRS rules, if someone inherits a house but does not live in or sell the house for a number of years, then capital gain tax is due on the increased value of the house from the time of inheritance until the house is sold. Is this rule the same if a child inherits a house from a deceased... View More

James L. Arrasmith
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answered on Dec 31, 2023

In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations... View More

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Q: How old must a witness to an Authentic Act be in Louisiana?

I need two witnesses to a Declaration of Paraphernality in Covington, Louisiana. Is there an age requirement for witnesses? My Stepdaughter and her son are available to act as witnesses tomorrow. The son is 18 years old. May he be a witness recognized by Louisiana law?

T. Augustus Claus
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answered on Dec 29, 2023

In Louisiana, the age requirement for a witness to an authentic act, such as a Declaration of Paraphernality, is generally 16 years or older. Therefore, your stepdaughter's son, who is 18 years old, meets the legal age criteria to act as a witness for the document. It's important to... View More

1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Louisiana on
Q: What are my options for wrongfully being held at the New Orleans International airport on December 24th?

Wrongfully held at the New Orleans International Airport on December 24th. Was told at the end that I was arrested on paper, but I was never read my rights nor was I told I was being detained. While speaking to a female Jefferson Parish Officer, XX comes over, interrupts mid sentence while I am... View More

James L. Arrasmith
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answered on Dec 27, 2023

In Louisiana, if you believe you were wrongfully held at the New Orleans International Airport, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your memory. This includes the names of the officers involved, the time, location, and any... View More

1 Answer | Asked in Immigration Law for Louisiana on
Q: my wife is asking for my info so she can send to her parents in India to apply for a visitor visa. Is this wise?

They want to use my information in there application to obtain their visitor visa to travel to the United States to Louisana.

James L. Arrasmith
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answered on Dec 26, 2023

If your wife's parents in India are applying for a visitor visa to the United States, providing your information as part of their application can be a common practice. This is especially true if you are hosting them or if they will be staying with you in Louisiana. In the visa application... View More

1 Answer | Asked in Native American Law, Criminal Law and Juvenile Law for Louisiana on
Q: What if you get charged with second degree battery but it was three people who jumped on one and only one got charged

They was in a juvenile jail that happened two years ago when they had did this but only one had got charged he only kicked him in the back and got charged with second degree battery

James L. Arrasmith
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answered on Dec 26, 2023

In Louisiana, a charge of second-degree battery typically involves the intentional infliction of serious bodily injury. If only one person out of three involved in a fight was charged, it may be due to a variety of reasons, such as the specific actions of each individual, witness statements, or... View More

1 Answer | Asked in Land Use & Zoning and Tax Law for Louisiana on
Q: My neighbor has paid my property taxes before I can even within the time frame What recourse do I have
James L. Arrasmith
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answered on Dec 25, 2023

In Louisiana, if your neighbor pays your property taxes, it's essential to understand the implications of this action. Generally, paying someone else's property taxes can lead to a claim of interest in the property, especially if this continues over a period of time.

Your first...
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1 Answer | Asked in Products Liability and Personal Injury for Louisiana on
Q: I got baby food from the store. Fed my child whom is 9 months. and she starts throwing up no expiration date on jar

Is this illegal?

Can I sue the store or the brand

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. Only a local attorney could advise about state-specific health and consumer protections. But as a general matter, I believe law firms would be reluctant to handle such a case. I hope your baby is okay and... View More

1 Answer | Asked in Personal Injury and Civil Rights for Louisiana on
Q: I want to sew the federal government for no help when being tortured by remote neural monitoring I need a lawyer

What kind of lawyer do I need I’m in Louisiana… I can prove the technology is real I been going thru this since 2021

James L. Arrasmith
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answered on Dec 23, 2023

In Louisiana, if you're considering legal action against the federal government for issues related to remote neural monitoring, you will need an attorney with experience in federal litigation and possibly one who has handled cases involving civil rights or personal injury.

It's...
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1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: I am planning to publish a calendar or devotional book using pictures from insert a photo on my laptop. Is that legal?
James L. Arrasmith
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answered on Dec 23, 2023

In Louisiana, whether it's legal to use pictures from your laptop in a calendar or devotional book largely depends on the copyright status of those images. If you took the pictures yourself or have explicit permission from the photographer, you generally have the right to use them for your... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Q: Me ex husband and I have been sharing custody of our daughter for 8 years without papers now he is refusing to give her

Back to me or let me talk to her what do I do

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

If you do not have any paperwork/orders signed by the Judge detailing your custodial time then you need to file something with the Court asking that custodial time be set which will detail when you exercise custodial time and when your ex does. If you have such an order and he is in violation of... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Does an employer have the right to go through my personal computer(used for work) & open personal accounts and messages?

Company provided a laptop for work but laptop is extremely old and slow making it impossible to work efficiently. Asked if I could use my personal laptop and was approved. Left for the day and software on my personal computer notified me of someone on my computer. Boss pretended to look for... View More

T. Augustus Claus
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answered on Dec 19, 2023

In Louisiana, employers typically have the right to monitor company-provided devices for work purposes, but the situation becomes more complex when it involves a personal computer used for work. If you were approved to use your laptop for work, your employer's right to access personal accounts... View More

3 Answers | Asked in Car Accidents and Civil Litigation for Louisiana on
Q: Im needing to file a response to a petition on a civil suit and wasn't sure of the cost for the filing fee I don't have

I am broke and do not have the money to file this and don't know what to do on the cost

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

Contact the Clerk of Court where the suit was filed/pending and tell them what you said here and ask if they have a "motion for in forma pauerpis" form for you to fill ou which is an application with the court to allow you to file your paperwork without having to pay your court costs and... View More

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1 Answer | Asked in Criminal Law, Banking and Civil Litigation for Louisiana on
Q: Stolen car

Did a title loan with a friend and they ended up stealing my car.

I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation, where a friend has allegedly stolen your car following a title loan agreement, it's essential to take immediate legal action. The details you've provided suggest possible fraud or breach of contract, especially given the sudden change in the repayment amount and the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: i go to trial against my ex he commited the assault on accident how can i get them to dismiss the charges

they charged him with aggravated domestic abuse battery but they don't wanna hear that he didn't intentionally hurt me and it wasn't physical assault i did call law enforcement because upon breathing in the pest killer Raid i couldnt breathe but upon law enforcement arrival they said... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Louisiana, if you're seeking to have charges against your ex dismissed in a case of alleged aggravated domestic abuse battery, it's important to understand that the decision to prosecute lies primarily with the district attorney's office, not with the victim. If you believe the... View More

1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Louisiana on
Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida

We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q

Christie Tournet
Christie Tournet
answered on Dec 11, 2023

You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Louisiana on
Q: What is the maximum finance fee or interest rate I can charge my customer on overdue invoices in Louisiana?

I sell goods in a business to business setting. Most of my customers are on Net 30 day payment term accounts. I have a customer that is months past due on a large balance. My credit application states in short that "we have the right to charge a 1.5% finance charge on past due invoices. They... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 9, 2023

Your contractual interest is limited by statute. This is "business owner 101". I recommend that you retain an attorney on a professional basis to take a look at your invoices and contracts to ensure that you are complying with Louisiana law, and to be your "go-to" guy when you... View More

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