Enforceability of Non-Compete Agreements in Louisiana: Non-compete agreements, also known as restrictive covenants, are used by employers all over the country to stop workers who leave or who are fired from working for a rival company or launching a rival venture. Non-compete clauses are intended to assist businesses in preventing former managers, staff members, or other individuals with a unique connection to the business from engaging in business competition. Because non-compete clauses often prohibit someone from “exercising a lawful profession, trade, or business of any kind,” they are discouraged in Louisiana. As a result, unless they fall under one of
Category: Legal News
We handle all types of family law cases, including divorce, custody, child support, spousal support, community property partitions, paternity, and more. We also offer estate planning services including the drafting of wills, trusts, powers of attorney, living wills, and more. Our probate attorneys can help with all your succession needs. We also handle personal injury claims and expungements on a routine basis. Finally, our creditor’s rights team handles collections, repossessions, foreclosures, and evictions statewide. Here you will find legal news and the latest happenings concerning our practice areas and the law in general.
New Orleans Estate and Trust Lawyers: A trust lawyer is an estate planning attorney who specializes in assisting trustees, settlors, beneficiaries, and heirs in obtaining and preserving their inheritance through probate, trust administration, trust disputes, and various estate planning situations. An experienced trust attorney is needed to advise which type of trust is best suited for an individual’s needs. As a result, a trust lawyer can help you navigate local, state, and federal regulations as well as additional legal and tax ramifications based on your assets and wishes. During the initial appointment, a Louisiana trust lawyer will talk over your
Probate and Succession Checklist – What You Will Need: It can be emotionally difficult to deal with the probate process after a loved one passes. You will find yourself organizing all your loved one’s belongings, reading numerous forms, signing documents, and perhaps taking care of new pets. In Louisiana, understanding the key steps involved in estate administration and distribution is crucial after losing a loved one. What is Probate? Louisiana probate, also known as succession, is the formal, court-supervised process of administering and settling a decedent’s estate. La. Civ. Code art. 871. This may include carrying out one’s final wishes
Name Change Process in Louisiana: A legal name change is the process of changing one’s given name to a different name of their choice. This can include their first name, last name, or both. People change their names for all sorts of reasons. This may include religious reasons, safety, privacy, divorce, adoption, or simply because they don’t like their names. However, avoiding creditors or criminal prosecution will be cause to deny a name change. Who Can Change Their Name? Anyone who is at least 18 years old can petition to change their name. Minors can also change their names, but
Pre-Bankruptcy Judgment Liens in Louisiana: One of the most important tools in any creditor’s chest is the judgment lien. When recorded in the mortgage records, the judgment acts as a lien on any immovable or real property owned in the parish where recorded. Judgment liens often sit for years when an account is otherwise uncollectible. That is until the creditor’s attorney receives the coveted payoff request from a title company. When a debtor tries to sell or refinance the property, the title company is obligated to do a title abstract that will reveal the judgment lien which must be paid
Inheriting a Reverse Mortgage in Louisiana: For homeowners who are 62 years of age or older, a reverse mortgage harnesses their home equity to provide cash. With a reverse mortgage, also known as a Home Equity Conversion Mortgage (HECM), homeowners can borrow money against the value of their house and get it back as a line of credit, a lump sum, or a fixed monthly payment. When an heir inherits a home with a reverse mortgage, they inherit not just the property but also the responsibility to pay this loan. If a home still has a traditional mortgage, the heirs
Louisiana Advance Directives Explained: An advance directive or “living will” is a legally binding document that gives instructions for health care at the end of life. It comes into play when you are no longer able to make or communicate those decisions yourself. It is used when your condition is terminal and irreversible. It is a good idea to speak with immediate family when preparing an advance directive to let them know the decisions that you have made. In Louisiana, an advance directive is only used to indicate a desire to withhold certain life-supporting medical treatments. There are various types
Louisiana Small Succession Affidavits Explained: Usually, the transfer of estate property involves the probate process, which can be a time-consuming and costly endeavor. A small succession affidavit stands as a viable alternative, allowing heirs to avoid the probate process entirely. A small succession affidavit is a legal document that efficiently transfers estate assets to the rightful heirs outside of the judicial process. While it is certainly a favorable alternative, it is only available in very narrow circumstances. Which Estates Qualify for Small Successions? Per La. Code of Civ. Proc. art 3421, an estate can qualify as a small succession if
Important Changes to Child Custody Laws Regarding Evaluations and Parent Courses at the Election of the Court: The last legislative session produced a number of changes in this area of the law. These changes could affect your case or future case when it comes to child custody determinations. It is important that you confer with knowledgeable legal counsel so that you can explore the ins and outs of these new changes in the law, to assist your case. Changes to Child Custody Laws: La. R.S. 9:331. Custody or visitation proceeding; evaluation by licensed mental health professional A. The court may order an
Succession Executors and Administrators Explained: Administration of an estate is sometimes required when there are issues that need attention before the heirs or legatees can be put in possession of estate assets. Some of the issues that may necessitate an administration include providing for debts or claims, liquidating investments, selling real estate, or providing an allowance for a surviving spouse. If there is no need an administration, then the heirs or legatees can be put into possession of the estate assets without administration, which saves time and costs. When an administration is necessary, the estate will need a succession representative