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Naming a Tutor in your Will is a Crucial Step: It’s difficult to think about the situation where a young child loses both of his or her parents, but this is the time when a tutor would step in to take care of the child.  Naming a tutor is often overlooked when preparing a last will and testament, especially when someone writes their own will.  In many instances though, naming a tutor is the main reason for writing a will.  It is not uncommon for someone’s final wishes to coincide with the default laws of intestacy. For instance, perhaps a

Debt May Survive Discharge When a Debtor Fails to List a Debt in Bankruptcy: It is required that a debtor list all of his or her creditors and their most current address in the bankruptcy schedules.  If they fail to do so, a judge may not discharge the debt.  Listing all debts is required so that the court can properly notify the creditors by mail.  Creditors have important rights in a bankruptcy, such as filing proofs of claim and objections, and not listing them deprives them of exercising those rights. If a debtor forgets to list a creditor on their

Why Having a Last Will for Separate Property is Crucial: It is common for married couples to acquire property prior to the marriage.  This property is considered separate property.  Because the order of succession is different for community property and separate property, it is imperative to know what will happen to your property if you die without a last will and testament.  Often times, the intestate laws are in direct conflict with the actual wishes of the property owner.  When that is the case, you should strongly consider creating a will as part of your estate plan. Classification of Property:

Issues to Consider Regarding Finances in Divorce: Generally speaking, a divorce will have a profound impact on your finances both now and in the future.  As Louisiana is a community property state, all property is presumed to be community unless proven otherwise, meaning essentially half of your net worth could be exposed via trial or in a final settlement.  Furthermore, you might also be responsible for paying a joint debt that you didn’t know about or play a role in accruing. Tips for Paying Off Joint Debts When a Marriage Ends: It might be in your best interest to make

Section 8 Evictions Explained: Many landlords choose to participate in the Section 8 program.  Afterall, it offers the benefit of guaranteed rent subsidy payments.  However, it may not always work out as expected.  The tenant may stop paying their portion of the rent, seriously damage the property, or some other lease violation may arise.  If it becomes necessary to pursue eviction, the landlord must follow not only state and local procedures for eviction, but also U.S. Department of Housing and Urban Development (HUD) regulations. As a landlord participating in the Section 8 program, it’s essential to understand and protect your

Louisiana Grandparent Visitation and Custody Considerations: If your grandchildren live with you already or you have concerns about their home life, you may want to seek legal custody or visitation.  Louisiana allows grandparents to take this step in certain situations.  Review the factors that affect grandparent visitation and custody before moving forward with this process.  Circumstances Warranting Grandparent Visitation: One can petition a Louisiana court in the parish where your grandchild lives for legal visitation if:  Your grandchild’s parents have divorced or lived apart for at least six months; One or both of your grandchild’s parents has died, gone to prison,

Louisiana Law of Usufruct: Full ownership in Louisiana is broken down into three elements: (1) usus which is the right to use or possess a thing; (2) fructus which is the right to the fruits or income of a thing; and (3) abusus which is the right to abuse or dispose of a thing (either physically or juridically). Per La. Civ. Code art. 535, a usufruct is a real right of limited duration on the property of another.  It combines the first two elements of ownership, usus and fructus.  The person who truly owns the property is known as the naked

Continuing Tutorships and Child Interdictions: A “Continuing Tutorship” is a legal proceeding for special needs children with intellectual disabilities who are age 15, 16, or 17.  The legal standard states that when the child “possesses less than two-thirds of the intellectual functioning of a person of the same age with average intellectual functioning…”  The parents or children usually do not have to make a court appearance.  Based on the documentation given to the court to prove the intellectual disability of the child (usually IEP evaluations/IQ tests, medical and school records), and with the concurrence of the coroner (via a signed

Self Help Repossession Notices are Often Targeted: The Louisiana Additional Default Remedies Act provides the “self-help” laws permitting creditors to repossess motor vehicles and motorcycles directly.  This is a form of non-judicial repossession that creditors can do themselves.  It can certainly save a creditor some court and legal fees, but certain steps must be carefully followed, especially if the creditor wishes to later pursue a deficiency judgment. Basic Requirements of Repossession Notices: A number of notices or letters must be sent to the debtor in order to properly effect a “self-help” repossession and to later be able to sue the debtor

What is Child Support in Louisiana? Child support is a court-ordered amount that the non-custodial parent must pay to the custodial parent to cover a proportionate amount of the child’s expenses, including housing and utilities, food, clothing, and education expenses. Both parents have an obligation to support their children after a divorce. State laws differ greatly as to how courts calculate child support payments. Louisiana long has recognized and credited the custodial parent’s day-to-day care as a significant portion of the support obligation. Child support orders may be modified only by another court order and usually depend on the amount