All Things Legal - Hour 1

All Things Legal
Sunday, April 15th

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on topics including wills, wrongful death, attorney/client privilege, usufruct and forced heirship.


Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

Documents and research of the current state of the law on the issues involved. As a result the information provided by the attorney suggested all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice. Communications with the attorneys on this program whether verbal or digital do not create an attorney client relationship. Hey good morning ducks enter Albert Nico you weaken our resolve things legally get this call 26018. Having your Texas City 78 Chevy will be here to 10 o'clock this morning. And Albert eco Omar Al Burton got ducts and Jerry today that's right all of this off the heels. Of inquiry. Gutsy. Grind it out. Tough playoff when the. They almost gave it away is that which is trying to send. And now I know thus and it's playoffs everybody's playing hard they they had a great win. Alvin Alvin Gentry coached a great game. Now that's high praise from high praise for a very very high dollars. Your other question is game two now they know what he's gonna do what adjustments is he gonna make or is he just gonna stick with the game plan. Which was. They'll let Damien guard don't let Damien little would be chief law about yoga and TJ call and Intel but yeah but Lilith especially yeah and in really Lilly got going late. On some bad turnovers and he shots and threes where you couldn't say you defense up. In transition so. They did with they were supposed to do. Still not a fan of Solomon Hill he seems to wanna play him a lot but I just don't think he's ready. Coming back from his injuries yet the aloe and other guys that can fill that spot I think a little better. You know looking for points from him you look and defense you're looking for you know just some some. Maturity on the court and com you he's driving to the basket he's I think he's like three for spring nineteen since he's been back to. It's time to sit him in place in my audio went beyond that he he plated a germ of truth is. Mark my none of my favorite players and and I'm gonna say analysts think the practice. Who would you rather had no prawn true or Chris Paul. I'm thinking through well you're in the bad rap on Chris Paul he'd shoot the ball enough. He's a great shooter and he in in you know he's a point guard and so he's always come a look at the dish. But a home with he's and he's a terrific shooter and I think drew is more aggressive druze gonna take the ball and his defense is he uneasily and Chris Paul's defense pretty neat he's gotten let you know that the record and steals a truce had to have more blocks for any guard. This year he's he's third he's thirty NBA among people under 67. And I don't know they kept that he kept track of that you're not sure what it says it last night. Auto is your friend David Wesley and whether we got to the got to texting relish your great great dad and David now he's he's a really good guy he knows the game he played the game. Great announcer for a lot of best color announces and ask a question or no question. And religious. Heat yet. And and what did the chemistry between Anthony Davis and threw just. And it's just it's just came again Rondo Enron Protestant via. If you noticed Rondo who don't shoot the ball better he would be so he would be an an all star yet Rondo is. Going to play more minutes in the playoffs and they did end the regular season because he's almost like a coach he's one team soda he's got I'm. He's gone settled down but this is a team. That they could make. I like the way they match up with Portland for Limbaugh I think they win this this series and fight because they they match up great upfront. This for us. Portland's big up front but not athletic right. Well and here's what here's one of the problems that. And again I think this is the players saying in not necessarily coaching fearing but. They had no answer. Four for Anthony Davis inside they don't to first six or eight points he ends up scoring because they've been posting him up. And he then you know they just couldn't go argument there and and they kind of got away from that a little bit they started with a with a high pick and roll just just backing down letting go do what he does. And you know we kick it out to it to me Niko Niko had a great game to meritage. Tough and big big Intel great defender great rebounder I mean you guys got the whole package he's. Yeah he's got a little anxious shoot the ball towards the end because he knew he made some shots early in the letter mailings to let the game come to him a little bit but. He'll give you shots in and do well. And now mama sentinel node two. Gentry. High praise are praise listen he get game two OK we know what they're trying to do. So let's see what coaches make the adjustments to try to. Beat you otherwise and asked me about a four game series seven games here I was in two years you sought of you you know you always. Gets game planning against with the did before all right. We know we know us national transition from new walls pelican sign the divorce blow off course laws who has go to Steve sees got a question regarding the Warsaw pasty you know things legal docs and turn our Nikko. Take me to. Work from home I have do a lot of trading eBay and get packages delivered. Mop my divorce was final about a month ago which we don't sanction not the probable why. She ran off with a ever heard whispers actually. Well I'm not an in the name of the national delivery service you it's one of the big to deliver accurate. You're not sure how to put the delivery guy. And done so. Problem that's exactly exports questioned what their company will give me a new delivered. Delivers packages and how like three times a week. And it's a little bit concerning saw on the open look and yet you look. As long as they're not ticking. I don't think you should worry about the packages and who delivers on the air certain there are more often than not I'm assuming they just drop them off from the full report yeah. And that sounds like you should probably a good reasonably YouTube based on your phone call so don't so talk to you again. Squirrel Artest go to Don and don's got a question regarding attorney client replicate dying in all things legal effects concern over Nikko. Good morning guys. I'm just wondered what your thoughts are all on the attorney client privilege in light of what's happened and what went out there. I trumps attorneys. Yeah you know do we really have freedom here in this country. We and at the very good point on. I think. You know. Now. And it is very concerning because you can you know could use. You know if you had a high profile criminal case where I like our friend Joseph responding who's on on a lot Hugh who represents some high profile people who. And then ill politician or so miners were rep and then. He gets raided. All his attorney client privilege information between his client is totally kill and I I did it. I tell you lawyer OK I did. You know give all our trial are taxed or text back and forth right as it which is protected this is when you when you talked to an attorney it's Accra say you're in a confessional. In in anything they say cannot be rude you know is is is is in untouchable. And you know I this is sought of a bigger. Issue I guess then he tipped cool attorney client. Issue in and in every day every day life. If the problem I have with a at all. This this all starts. That is. Collusion with Russia did to trump campaign and it you know and then administration hit collude with Russia to two. Win the election. Or whatever the case may be. In that should have been in the mandate it should have been specific that should have been a crime listed go investigate whether anyone committed this crime. And here we are a year later. There's no evidence of that fact the they're pretty sure that. That in this didn't happen but they're still out there investigating that we're gonna try to find anybody anywhere to bring him down to say something. About trump and that's not that's not how the prosecutorial process should work. Whether it's Hillary Clinton whether it's Donald Trump whether it's anyone a loss. Because when the government starts having free rein to investigate anything and everybody believed me. Everybody's going to jail. Well you know the other thing too is I think most of the convictions. Have been. A alleged false statement. In connection with investigating something that's not a crime correct. Around so army step BI comes over and says that your neighbor have a dog and he says no and he does and you lied to the IR that I thought that's across. And so would that also dozens you know what he gonna do an FBI comes over. On anything routine bright you know army or you're going to be just. I don't know but it didn't shut up now the it and they do that to themselves and go with the FBI would be to meet with him know sorry and a lawyer. Muted note it's about. I don't wanna get caught even if I'm not the target I'm not talking to the FBI about it but I I out I think out just you know I mean ask Jim Brown. You know that same thing with him and he. That caught lying you know the worst part is that in that in all record statement is based on hand written it yet handwritten note account they have written account by about him so they can write whatever they want their notes and you lied to the FBI and here's the other practical standpoint is. That if you are in that situation. You have the decision that maybe either and a clean two lesser charge of beef fighting on bankrupt trying to find it. Armenia and other words you've got to hold resources to the US government on again chief. You might have a small 401 can't some savings exactly. And so even if you win you lose the usual you lost all you monitoring are your sources so it's easy to plead guilty to a you know little crime OK they got their way and I'll plea to some kind of thing the united even on the registry isn't a felony. Yeah I am saying I saw a felony or something on the committed or something like that and then. And then yes so it. It's as an attorney it's alarming it's very long and as an honest citizen it's long and as a client it's alarming that that you know the rule on the rules. Being home that your teams were out at Selena but that this politics as they announced. Our let's go to law allows them loudly these requests from our wrongful death paid the on all things we will Texans are now over Nikko. It's been. Kind of a cut is well put there. What does that mean chain of custody at an example out of your ability. He's got this and that person. Really do it in Beijing auto parts. Not make it there both actually. This. Okay. Well look it would be well within employee all of their prisoner will work. Out. The patient and thumb you know what what you have to do is determine. The cause of death and so that you know there's. There's going to be an autopsy there's going to be you know medical records and all that sort of thing that com. Will lead you to that conclusion but if the person though the company that transported. The patient from one facility to the next. Failed to do something properly or the doctors released the patient to another facility prematurely. Shouldn't have. Certainly there there could be some liability com. But the getting answers yes. Well they're they're more than the simple question. What it would it would deck caught me upon. That. Well which you would usually meet with with an attorney how long could this happen. We're what. A while okay. How old was the person. Very. No connect. Yeah I would you know you give us a call on Monday and now I'll ask you few more questions we can talk about it that is of group of attorneys we re were for a lot of our wrongful death and in him medical stuff too. Call us at the office at 5048371304. Aka are all right thank. Thank you think thanks to call will be right back registry Tom and all things legal seen a couple minute all right we're back Texans are Albert because you we can lawyers ultimately I think to called listen to you Albert now saying call early. And as opposed Celeste it's a no I agree you know we've we've. We often get it it's 930 in the show and 945 in the show's over and fifteen minutes all of a sudden the board likes so. Maybe people who just waking up from the night before maybe they're just. Waiting to hear the show and see how things are maybe I don't wanna hear analysis of the pelicans and big. Bigs are those got a chance got a question regarding will take candy on all things legal ducks and turn our Nikko. They all love and an error an average sixty. Worked a flight and I. In the next few years. Did you yeah yeah Procter and the other. My. Heart trauma that there's some concern. She but. To root and tore my power that the children would be capable of JK app of the privacy because. Now era what if you if you state that it in will you know will he could put in a will. That. The first follow the surviving spouse would be able to dispose cell. Mortgage dispose of non consume about his house it will Brill state and man and and then Tom. Whatever money comes back in on the sale they could reinvest in another piece of real estate you can even put its so that the children would not. Have the right on need to sign off on transaction also. So basically you can. In the house of rock the death within the context of use product. You don't you ship rocked and and what other word what I had to give aren't that. Total. Well you'd wanna say first file that you have the right to sell. Reinvest. And come birth or dispose. Of any property subject to decent product. Or any immovable property which are called non consumables right and you could do that. With out the acquiescence or signature look getting donors or the children. It. Yet you really yet you you like an eternity if you are ever returning to draft a dual go back to him and tell him what you wanna do. If we can look at it for you if you like as well accuse them stand and see some language you should put and they also you wanna find out how long you want to confirm the used to front four because. If so if you wanna confirm it and told your spouse's death and vice Bertha. That needs to be done. In the will otherwise is use of truck terminates upon remarriage. Right where I am age are Cha yeah. Gradually start China. And cheap part that you want yeah. That's a good word out of question to its very who could would and what if question just look at if you if you look at the language to see if it gives that right. To dispose in commerce cell transfer. A non consumables without the approval of the and they can donors can make it on which will be too which would be the children. Right yeah specifically state then you probably have to do an amendment or new will that would state that. Oh. There. You know currency. Less. And it why app state. Now you have a pay tax on the estate emotional football team right now and then it's ten point ten point eight million dollars a person on. Us. There's a state that is Tuesday taxis. There and on an error yeah. Years ago while starting in 2000. And as is our. Says that ten point eight million dollars is even attacker over at the state the city and state was back then nine he has built quite a long time they get away with the death to expecting. And early early ninety's so really nice here and so calm that has not been an issue. The since I. A little bit. It. Really affect the action that. Now now would the Chu but but if you do you can't do use a product. And it had basically the same effect except your portion couldn't be redirected somewhere I'll correct that way if if if she remarry as a younger man and decides I wanna leave everything to him your kids get cut out of your attitude. So. Not the tar happen but I got talent around them but protect you know that's a safeguard against that. And she has the right to do anything and everything with the money along as long as you. Make that clear in the well. All right all right all right Dan thanks for crawl. And then on. You know as far as some yet these are prep client which you mean you deaf and one checked out if that's what you wanted to be able sells itself without the truly children okay we are two to a CBS update there we're going to local news who will be back at about formats all things legal hey were back Texans are Albert Nico you weaken lawyers all things legal -- armed with talk a little bit about all first ball record exports LSU won its second game series against Tennessee you know in the SEC baseball. There's no easy weeks. I mean this is just like it was like basketball and football at the Republican senators here probably it is less Hart weeks and probably this is probably that. Least hardest week for LSU Tennessee hopefully can sweet the stuff you know I think they played at three. 4 o'clock and so they came on WWL. And a listening game I'll be listening. We talk a little bit about each of products. And first of all when I hear that name it's it's it's it's not a it's not a dirty name Packers were number one number two. Arm is basically saying. You can use. The X surviving it's a deceased spouse's portion he got a husband wife. Vol one one's spouse passes. We easily kill the mail first saw this this just that typically go out there and it's about armed and so that the you have these deceased spouse portion of the property that you deal with in the well. And one of the things you can do one of the things we used Procter is this the surviving spouse gets to use deceased spouse's portion of the property. If they have investment to get these freeze which would be interest and also they could live in any type of real state to question is. He would use different. You surprised civil fruits Simmons who I think he's releasing it uses for you you used the fruit doses a year is the fruits of such as the use of fruits and not a race that's a little combination of terms. If that's the last US to have civil for always get what we did Tom estate plan would body due to do bill murder we did you did Rudy do you so fruitless effort. But anyway on which you could do is our guest a question is. How long. Would seem to answer do you use frock as opposed to just giving your surviving spouse at property rights and one of the issues is. If you give your surviving spouse sees practically uses the Russian alike and you could put it so that they can sell the property they can or news or remarriage and artillery marriage and reinvest in Europe. Our. You know or. Shalit taken money downsize. Or you use that money for whatever they need to. Ferraro for optical parts of the with the advantage is that. Indies have rocked. The surviving spouse cannot read direct. The property to some morals and other words when the when the second spouse passes that property passed to go to where the first spouse designated to elicits removal. Yeah the movable property meaning like contents of your house or whatever. The user fracturing has the right to dispose of movable property they just have to account count four to the two would make a donor upon their death or when these four terminates. Two to the value of it or something in like country club or. Livid but I think we wanted to one of the things which are defined as people little longer. And we've seen this before where you have one's spouse leave everything to the other spouse and they might hit three or four kids from their first match. Then that surviving spouse gets remarried. Then and then they get and then the surviving spouse might. Saying you know what this you know hair that was maybe intending to go to my children that. I got. Are received. Mama won't my wife says I think got too much who received. Com. Dan. Police say that obviously got bucked I stroked mr. wrestler and that's where that's where we who would you guess that's what's got brought. Debra so home. So you know we basically he can get redirected bright and NF orwellian. Know you you've seen it before I had a had a friend who's. Who who was not will we not not not just rich with the parent family had well generational wealth. From great grandfather a grandfather all the way down. And so. Soon. My friend's dad comes into the money. And he and mom split off you know their separate ways this is his separate property that is calm down the line from. Com you know grandparents and everything else and so some of it was community was a big fight. But basically he decides to marry the bimbo. And boy you know I write this this woman thirty years who's younger who's just give writings clearly clearly Jacque younger than his oldest and youngest daughter our guys got when I got who's clearly you know the view if he was just some regular guy without all this came on X would have had no interest earning. And so the kids are upset of course Harold how barely treating mom that out of and he says find your out of the well. And so you know this this kind of really gets back to the whole force leadership thing where. You know the civil code article written for really wealthy people up for guys like you wouldn't that be that are maybe head. Had a little money that it but it's it's well it's like generational wealth and look. The great grandfather in the grand faltering in the fall there about me and would not have wanted that money. To go to some third party he would want the money to go to his children a great great grandchildren. And so that whole forced airship portion which got changed. There's very little force leadership and in Louisiana anymore. Election and you know above below a certain age. Or in care and. How long telomeres of this you don't do a lot of family all of you know he made no comment this for you which are saying is that with some guys like in their sixties seven email. Then and there you know youngest artist maybe about 45 and they marry someone who's in her twenties or thirties right you're saying that it's not true love. And an end and that if he didn't have a place to go to bathroom. She widgets -- laden just the same right her are she wouldn't. You appear with him if his pocket personality it's his pocket first what. At that pocket personality whatever is in your pocket that's when a Lola. Is that atherosclerosis. The but anyway through I die grass it's a but W used to trucked I think is an important thing I mean the question is if you if you haven't trust your spouse. They're gonna do what's right by your children and their children. And so you wanna make sure that there. You know. Giving them the entire house may be an issue too because. We've we've done some little state planning things where you win. The espoused by the house back. From the children buys out their naked ownership. And if some other assets it would deplete those assets it's at its arms length transaction are they get the house which is a non accountable last cents a week. There's some things you can do to be even protect yourself an event. They the union goats and there's. The U listless let's go to the corporate. Are you talk it would take it will take call with the call I was gonna Steve's got a question regarding headmaster law which I think is probably that sort of gone. Pasty on all things legal Texans are now Veronica. Hey good one I was you've got to do its directors. You know what would pray and pretty open board it mastered. And none of food and drink would struck down note that although they'll pull the united technical about it and they've got it right yes that's gone it's gone a keyword or. What would feel rule. Well that I shrunk down below a bit and what they. Good fortune turned to affected. Would. Yeah hoped for air force their simplest who struck down in the ninety's he went through several litigation says forced airship basically stated that if your blood. Are your adopted her blood on descendant that you you're entitled to home a minimum portion of your parents a state. And bomb it was it was initially. They had de L law that was passed no legislation saying striking it down. Then the calm this Supreme Court to does part of constitution you have to amend the constitution says they amended the constitution and waits states now is that if you're 23. You forced air you're entitled to a portion of your parents estate or if you're disabled or have in our if you have a incapacity as defined by the need to case law. In your over 23 you'd be entitled to a portion of you parents estate because they said you know a few parents can take care of you the state shouldn't have to. They're Kirk OK would deny that what that meant agent Donald kicking around for a long time. So if you between Purdue overeat used to doing held to a portal part of the state. None now if you decide if you incapacitated. All the media if you got some type of incapacity. That on who you really can't care for yourself it where you can't care please. Altered your. So again if you're twenty and we do not tell. Now yes why if you try to you know you gotta be nice to your parents. What you what what should do it over and over 23 overtone with twice twice for over. A cute wonderful world Q where it important one more time. If you were after all was well Tony for over a peek at affordable for argued tote to a nut. Note now the idea contact if there's no will you'll get it but they can and if they if if a parent as a will then they can criteria are are APEC are also heroes there brake ducts concern govern because you were gamblers all things that we're right back after his free time out hey we're back darts and Terry govern because you were killers all things legal. Most home. We're talking a little bit about forced airship and again if you're 24. And over. You parents can write to our top right to arts RU will they don't have a will. The children would be the first in line to get to get whatever is part of their sit there a state but if you 24. And over. You know you have to be nice to your parents or they can write to grow so that's we don't have a lot of young listeners I wouldn't think so. There's a few. If you are taxes but be nice cheap there shall. Well yes and and again you know now is. The model most parents want to. Take care of the children in in my you know more so than their spouse really. It's it's so we don't see it a lot where you know although we do see occasionally. You know I haven't heard from this we're good. When I wanna give this one more than this wanna I wanna give this will in the house and when you do that they're also opposes. Problems right sometimes with the children and that's not the ghoulish as slope practical problems attempted. Deal with there after which but you know one interesting part about this is. The definition of incapacity Piero with 24. He knew incapacitated. Then you become a forced air 'cause the theory is. We don't want the state taking care of someone that they have enough money within their family to take care of him. And so that's why they kept the force airship for anyone who's incapacitate over 24 but what's interesting is the definition of incapacity. Is expanding as we speak yes you felt and well that's it. In you know you can say wait I have a disability I'm on SSI because I can't. Can't work because I have. Some do some wellness or disease or whatever is that it is that a and infirmity to the point where you know. I think the intent is that the the government doesn't wanna be taking care of people and so you can't write a month if you will. And leave these people who this system you know disabled on but the government payroll but now. I think the controversy is where commercial music is yes and these voluntary conditions. Precious. You know apple all of England putrid drug addiction and that sort of thing arresting voluntary but it's it's it's it's a condition that. In involves doors Phillies are that choice tour and here those are being classified. As possibly incapacity and that's one that's with. I guess will have to be redefined in the feature by the legislatures up. There you go okay well let's go let's go to break Texans are ever Nico you we can lowers all things legal. We will be right back. After his pre Tom hey we're back Texans there ever Nico you we can lawyers all things legal com we got Textron FaceBook page you can watch this I'll live streaming on FaceBook it's says I'm I want my wife and I were in a store last night she slipped and some water on afford. We didn't we didn't fill out day action report and we just part to the hospital she would bring her back to fill out an action report yes. So I think and they would be just to document occurred right if you don't do that and they may be some issues as to whether it actually occurred and on. And the question too is there did they notify anyone with a store. That they slipped and fell on hopefully they'll be a camera there whatever the case may be. Problem is you run into what's called the merchant statute and we really don't have enough time to talk about that in this next two minutes but we can maybe talk a bit about it after the break it. They've basically you have to show in order to prevail on a slip and fall case you have to show that. That the that the board that is the where war was was dangerous. Is dangerous condition a dangerous condition and that the either that the merchant knew about it and didn't do anything about it and they didn't have any cleanup procedures in place would well there's that. There's a temporal L element to UConn have to prove how long it was on the on the ground price war you know who caused student and if they call it the merchant caused the issue. Then of course to view that the problems you have to prove it and you have to prove pretty much how long have you been there to establish whether or not. The merchant knew or should have you know. You know so if it's been there for a day they should've known but how can you prove it was there for David. As you using it easier to begin to doing analysts say this that legislatures have been made it very difficult to prove. Because because before that people on all list strike members dropping stuff on the ground and Yvonne over it and who knows what right so that everyone else. So it's a basically Jeff the shows that that part it was the puddle was there. I was dangerous conditions. That either the merchant knew about it or should have known about it and did nothing about it and that dated him the reasonable cleanup procedures to deal with this type issues which is very very hard. And a lot of slip and fall cases in Louisiana. A lot turns on take them unless. There's some specific circumstances where they can demonstrate remember twenty years ago. He has slip and fall out of grocery store because the guy was drag and drop drank in a mop up and down correct so they created they created a hazard that has on his condition and so. We were able to prevail on that issue and but otherwise studies show that a pot hole was there. We and you can see to begin with yes I shot how can you show it's been their prolonged and -- -- to begin with and that's the hardest part of of trying to win those types of cases all right so on where are the first hour. All things illegals going to be in the lives of some of your tax they choose texted to your to WWL. On the other sons and so go on national news local news weave back and about ten minutes and all things legal.