All Things Legal - Hour 1

All Things Legal
Sunday, April 22nd

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on topics including wills, probate, and successions.


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

Assessing the person's legal matter often requires extensive interviews review of contracts and documents and research of the current state of the law on the issues involved. As a result the information provided by the attorneys in guest of 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 with a verbal or digital do not create an attorney client relationship. Hey good morning Dessens there over Nico you we can r.'s all things legal is call 2601878. Were on till 10 o'clock got Albert Nico good morning hours good morning to a pro warrior great great. We're you know are happy about the win yesterday man. That came where that come from sweet for the Portland trail blog says they would I threw the other five. While that they've they've matched up well they used to it because. Our front line matched up well. With their two Gore's. EI and there. Had a fantastic game plain plan mean as far as regards concern and their front line couldn't match up of our Frontline. Winning close in fact the game plan was to let in the new. Beach you at the three point line right which when he played with the hornet's. Before their pelicans. Amino couldn't. He wasn't known for shooting he shot the ball. K but I you know it's not. He's not gonna win it for now design come in and I think what happened was in their coach didn't make them the proper adjustment. We were overplaying. The guard position terribly. Enemy we did it we did a great job is what are we were Jews do in that you know extensively I guess is a better word which left which left there. Biggs opens. And so then they figured it out and decided so you know we're gonna start going to. There wreckage in the middle. And and he was he was kind of having his way with with Nikko to some degree I mean who knew blocked a couple of inflates and decent defense but. They were back and down that's what got in the got him back in the game. In so. Had they started that it's earlier in the series earlier even in in. Last night yesterday's game. They would of I think you we would have to maybe make an adjustment to to guard them and play them differently. Now there's a name Martha ratu. That was very inter goal that hadn't been mentioned. And the sweet. His name is Darren Herman you in the news. Goes is this is Cody is its defense and politically he's basically had to beef will would be equated defense quarter came from Boston. He's still buy spectacle guy who looks like the chemistry professor I that I salute shortcut yeah than anything. And he's the one he was the defense special season and when you played in the regular season you go from game to game back to taxes. Your game plan as usually 24 hours. But with this you know with a seven game series you get to game plan. For over the course of in this case a week and a half to almost two weeks and and they knew what they had to do it like you said they would they would run out on the on guard to double. Team a man and they would rotate they rotate beautifully right and then they left in me you know open and the three point line and they had a few easy baskets but load your Willard. Was clearly. A little bit rattled shut down and we had in an NA and also to you hit two bigs. With Nikko. And Davis who could who are athletic enough to cover arts and because there's you the I think Davis blocks very you know three or four shots. Lou earlier Willard that om and you know for not from the perimeter. So and I think it differences is Nico I'm on question he he does not really have a weakness in his game. He he can play defense he. Come you know one of the things in you know listen I'm. A I don't know why. They're still playing Solomon Hill. He's just not. He's not clear he's not ready he's not shooting well he's deep pocket passes plot that he's sees that he's got the experience is close to well I he does but it. He's just he's he's undersized to play a big. Yeah come in auto why they don't put Okafor back let him just go pound and some of these be big guys get a couple of files. He might get you know some rebounds and a few points for you. And and to me that would be a better. A better combination. I mean listen they did a great job they swept them if they want for four games in all but I'm just I'm not a big fan of a hill and he's not he's not played well in the last six are against teams and somebody's got to see that. Watch Erica. I tell you one thing one adjustment they have made over last year vs this year which it which is allowing drew Hala Hala dress holiday team. Excel is. Truth is not a pure point guard. In for him to bring the ball down and she was a lot of responsibility in last year especially in the years has some issues regarding ball handling at the end of the game. With Rondo. Drew druze freed up as a shooting guard now 11 Rondo is out he can play you know 67 minutes sharp point guard he does okay. But with the Toronto Clinton you know Clark of one of those guys are to be the point so that. But Rondo these shows to go the question is is this is just phenomenal did you see the Baja on the back assist. To. Two. Davis where mom. Turco came on them and in the arm Orton I think it was some. The big came on to our Rondo and he went on the back in in Davis who should sit there by himself on the goal I mean. I mean he's he's just. Right. Well you know that's why he's able to score a few points to Christie. Everybody knows he's looking to pass and so bear. Their comment. On the heels try to figure waged between what he sees the court he's better than any guard. In the league and and he he's the passing lanes and that he sees that nobody else seasons and pass me he's just. Phenomenal to watch and com he's he's average you probably will love our own little below average. But the his court awareness. Around his basketball are right news is off the charts. And that was that's another brilliant move because they really didn't play him a lot during the regular season to save them from playoff round and I say set and he was just out. She's she's just phenomenal. Annan very you know he's he's a coach out on the floor he watches films he's called on notice. Everybody jumped up you know I mean it's it's been it's been a lot of fun and honestly I like their chances against Golden State. You know goes it's got a tunnel weapons. And they can go on a on a shooting tree can just blow your run of the game and any moment but. If you if you. Got the right people guarding the right piece. I think where there are vulnerable and asked to tell princes are two bigs against their one did they got their mongering has basically. Garnett. KD is a point forward. He plays out on a permit he does get inside some in what happened that CID I didn't like this last the last series when they played him. But they had drew holiday Gordon. Cady and if you know so he would do is backing down and there was nothing drew could do about it. So you know I've I've I'm not a big fan of that move I think he may be put the aloe want him. The dollar is quite athletic kid go out there and in get four file file yeah I mean here he's like say he's wrong. And yes so I think there'll be. A six a seven game series. And I think it'll the it'll be turned up a notch too because I think the game's going to be locked close this two games. In the sweep we're just blow yeah I mean where did they they were warned in the first quarter he beat him. As as is you know and basically the last couple quarters we extended garbage in garbage charm with the. I just hope point one I hope that point lead and we can win a couple early in the series steal one angle stay wanting Golden State at tripe and then. You know because I I just don't know he's playing in his his starters a lot of minutes and and so on just. I hope down the stress that it just not. You know who beat up and so exhausted. You know that they just can't finish so if we just don't have. That much of the bench to you know and give AD in these yeah forty minutes out of 48 you know and I mean. Yahoo! rushing play I understand it just I'm not I'm not. You know knocking him it is and I argued innocent ticket album gentry he is then. He's pulled all push all the right buttons are great and no other you know it will crow here. I grew a little. Distill them off but he it's it's been on and that's assistant to. Flint and I said last night. Hughes she's starting to figure out how to play bogey and and Davis in the same system well as we got Murray finally but he finally backed off of it is. Up tempo fast paced game because. Well he did that last night it was a 130 wanna I wanna gamble went bogey was was in the game you know was still play and he kept trying to force that play trying to force a running quarterback into a pocket pass. And so. A two amigo a pocket passer or vice Versa you know he's trying to force him into running. Running shoe on offense. And Mara you know bogeys wasn't that type of players who we needed to slow it down play more half court game. Played defense in India. Anyway but he's I think he's he's he's now got the team that he I think he needs to have that up tempo office and that could be wise up Plano for. And actually be. If you look at it. The pelicans. Have as good of a chance as anyone. To make it out conference finals are this far is Houston. We match up well against Houston. In the front again they do not have a front line that didn't that Kenya match are are are RBX via now they guards. Welfare reform mobile I thought well I'm not a big. We gonna have trouble I think if we pleased and this can go bear. There's like seven foot two he can play with AD in the he's long and he's he's up for defense of player of the year and we're we're getting ahead of ourselves understand but I understand so that would be the match up on on that side of the that I would mourn if we get paid a school right I think we have today. He now. We've we've got as good of a chance space so appliance. And anyone else. So the call had a caller call hosted talk legal it's illegal to legal you know got a text it's is this shows more funding church. Here's a question do I have to be physically at a reading of will to be able to clean anything that. That is TV that's TV it totally TV have you. I know there is something called a book cryptic. Well aware of me and it's dead it's opened in red knowledge separate. It now I've never used one other hitters I don't know of anybody who ever had in thirty years. I've never had where you hit all the family right holding their breath say in who gets what my guess what in you read it in the years gasped. And Ayers you know and there's like celebration and there's disappointment. It you know while we do this a good Aaron let's take a break in their right after this we'll talk about how the whole. Will succession procedure approve the procedure which which is an actual transition from the pelicans to will stay on natural transition on this show that all right does go to break that center Albert because you were gamblers all things legal right packet district come out pair were back ducks in serie Albert make all things legal and had a BL AM FM dot com are also straining. On FaceBook on the new codes and serie page or Albert RS page. And Albert. Before kollar said now watch offs should or streaming. And at that job be in business seats answering questions you know with the gamble or whatever right. You know it's well we'll just do a lot of books should there and which is not true we just sawed off Sunday morning and we just sort of get dressed was put a hat on or whatever and go. But you are dressed. You dressed up today and we have a text saying Albert espionage job interview two I don't put that. Where where you go on. Actually I am I'm going to be Egyptian general hospital. Com. Ladies auxiliary. Com. Presentation it's it's it's an awards ceremony of the you know lady. I'm actually being honored as the greatly be a great gentleman being it is oddly gentle and we're volunteerism and and and that sort of excessive and out of empty room it's actually a great organization. I was nominated. By one of its members and what they do is they raise money. For scholarships. For nursing and nursing scholarship idea if he's Egyptian hospital. And try to hop you know hire those nurses that they that the gets you know another award on Europe that on your off rental home. But not very honored believe me it's it's a great great organization and I appreciate their. Recognizing. My efforts. And we got another tax from Edward. He says how many commercials before you get to talk. Rest because sponsors want to. They wash wash Russia that your so there you go home but it won't Tarik yes so before the break we were talking a little bit calm about about the pelicans. And in some lady called instead look dollar legal show talk legal and we have attacks about this cryptic will Wear. You know. To do I have to be present to get something for the arena by well with a reading of the will must be you know lately you know the contest must be present to win. But it noting answers no you don't bid is of very few and for between so. The process. Is it they're two different process these one. I guess technically three. One is enough. The person who decide who died the decedent. Had a well or did not have a well the seeds of person he died. Iraq says first referral stealth soccer has some truth to deceive and did not have a well. The the estate is in testing meaning no well. And there are rules have been test to see whereby. Certain people get this this in this and so it in that situation. Someone who may have an interest in the you know the succession typically the spouse or one of the children. Will. File suit logo go see a lawyer now or are will filing a petition to open the succession. And if it's a more complicated type the succession if there's a business to run through a lot of assets are. You know some some real estate that they need to kinda keep going in and confront a property whatever right. Then you'll want to get and administrator pointed and so that would be another step in the process. And then that person would act as the decedent in trying to handling the affairs successor to. Another another issue option is if there is a will and and that in when there is a will typically they will. Name who there executive or exactly troops would be. And so. That person in. Will be in contact an attorney and then have be appointed. To act is that that administrator or executor. And then it will would be pro baited all of that means is that we bring it to the court in our shorts and all right won't rent to a CVS update local news back about forming a. To stay tuned for all things legal secretary Albert Nico you or can lawyers all things legal we got some tax. And you know its its interest and some people say talks sports some people talks partly also would just Congo go with the tax first tax. Is why would the pelicans is at number six seed have to play the number two seed warriors. And that the number one seed the rockets to number one seed usually gets to play the lowest available seat hanky from jet. NBA's different than the NFL you don't recede now it is hard brackets in the hand and half and he had so wherever brackets are and where's NFL there's flexible or receive did you say it and so the highest seed plays the lowest seed to whoever's remaining -- second round the -- he plays the most interesting thing but not not the NBA's hard bracket absolute murder on the orient you on one side of the bracket you stay there all the way before this right so there you a second one. Who do you think will be the saints' first round pick in Thursday night strap. I will say this is our prediction Harold Landry edge rusher from the Boston College. If he's available. Because I think they're gonna they wanna go go go do you know line again and that's if he's available but that's my prediction ardent king might not go green aren't key might not go to third day. Yeah that off deed is off the field issues Ryan. Right that somebody is probably gonna get so let's deal with it you know harder king yes or in case you know having kids. You know it's the same thing with with. Sue in a lot of different players that have had off the field issues that route but you see we were gonna take Ruben Foster. And Dan. He was he went to San Francisco right before Ross and then we took problem pomp and bran checked rim test yet what a great wit and you know what we were very critical that. A year ago was and will do and whatever you want and then and then turn out be brilliant for tech that's why we do this on Sunday mourners in the do exactly to the draft Furlan. All right next farm. Next one well I can show an edge jokes now I'll spare you must ask question today incorrect congratulations you know we haven't got. Received got more to say you say got too much with the gut received. If a tree question. Clearly it's silly accents questions in now our got it what did you type in text refute your fans question a call offense question we have a lot of boundary disputes. Actually as I come honorable well especially in the old Metairie area right with no off the Bobble alleyways in and you know always. Property disputes and acquisitive prescription and all that kind of stuff we deal with out a lot. An N Albert is completing his books his treatise on treats is treat my hang in over trees that that it will you can buy you probably go violent Barnes noble or any books or about this time next year. What to do if a tree is hanging over your fans all right let's say next next text. Assume this is the person with a cryptic will call him back with a man and probably my parents' death. There and whale was a jacked up I never cared about their money. I have siblings who do care about the money and I want to get this over with and that's so so the answer is you don't have to be there in person. And that was the question it wasn't you know wasn't more light you know have to be present to win that was just a little joke that was written by. You wanna get it over with quickly since if if there is a will. And you had you know the contents of the will and who the person is that was named the sector to war. Then that person needs to you need to encourage that person if it's not you. To contact a lawyer and have the succession opened. As soon as they can which they do have a duty to do if you don't know who that person as you can actually petitioned the court. To do so. If you know the lawyer who prepare the well. Contact a lawyer and say look we need we wanna get this moved what do we mean. Now I'm finding this out that there's no normally function family and all that hits on all cylinders. Every family's got its issues yeah. And a lot of times these issues. Raise up at times of the death of of apparent because a lot of things that were below the water line. Doran allies. Comes to run in a rise above the war on and if for example I have four props siblings and one sibling took care of the spouse. Is wrong and their lives mom or dad and and then why siblings say we don't know whether mom and dad has it will and I would do we do. Because my sibling who took care of my momma there won't tell us right. And so in those are the case as you could actually filing a petition. To open probate. Have a notary appointed to search for a well right so there but this more and more of the if you sibling. Conflict. A similar sibling and animosity. A lot of routine. Activities that should be occurring and by the death on a car. Because as a little. Powell you know controller in my report that turf turf war well I. Make it very clear you know we we've we've typically do flat fee just to cut open a a succession get this place in possession if it's if it's traditional typical if there is any dispute whatsoever. You know we switched to an hourly rate and and and go from there because. And that I make it very clear listen if you want it to cost you money. You know despite over why not the job of fighting over this couch in you're gonna spend ten grand a fight over 500 dollar couch so. You really need it got to see interest feedback about this interstate thing aspect about six sessions. Is that really a lot of times which you're fighting over. Is the succession is a vehicle. For the family members to fight over. Other issues that they can't write so they do it through succession and armor you know I was so soared twenty years ago. We have several attorneys who table probably between columns in 2000 dollars and hour between the five or six attorneys fight and they had one item laughed it was a piece it was a craft. That the dog. Used to go to bathroom on. And I think it was like a Kraft it's as in they were fight over this is the last item that need to be split up with a that they probably should have been part right. It was had no value to it. And we had a family fight over it for three or four hours that day. Because. It wasn't about. I don't write it was like this is the last item. That we're we're what we're bound together exam and I wanna throw my punches that she because they're too this is finished we won't be down together anymore right. In Cilic work in through that emotional. Yeah overlap us. And as much time. Being an amateur psychologist. As I do being a lawyer. And in it's it's a shame in these types of situation here's the are sure you do this in in and talent domestic law lags peers. Like in the states. I hate to say this is she's about to money. It's not about a judge saying. You're a good son and you were bad side right or you're a good daughter are a bad daughter. It's about it's all it is is to courts is to split up the estate it is what it is rush a lot of time is sub mathematical. Calculation as to who gets what. It's not about what happened when you were thirteen years old exactly and end in something happened you know when your kids but it's often about that. Well anti white arm and quite often represent the other guys you know the one the one brother who always thought you know he didn't get what he should have gotten gone all the way through. And so I'm representing the other one who's the executor and I'm saying look. Unfortunately we've got to fight everything they throw at us knocking it you know I can't make this go any quicker. Okay in what we got one more Texas forest wills and we'll take a break this is I attended the reading oval will I think this is I think cutting I think mobile I think he's a squirrel Maureen anyway but if I had to stay till the end and I found out I receive nothing I got upset he's in other words. And fell down broke wrong. Look at on this thing I want to personally dream that ice is clumsy you know I just wanted to let's on this the only let's go to break that barrier boost world does this girl you know it's true all right let's go to break Texan Terry ever Nico you weakened lawyers halting political will be right back here it's become a were back Texan terror govern because you we can r.'s all things legal. We got some more techs were gonna get to. Al groh quick LSU spring game only comment is this PF three quarterbacks. You have none of the trauma Ina and now I think just given millions. If they had low oil and our cities and Brandon. Like combined in one quarterback. That's your man and once again here we are how many years later. With a top ten quarterback well for a while Brent was Brian was top foreign nation drop back quarterback I'm talking about in college. I understand when the sun while balsa Taylor today it's going to be along to you for the tigers lower expectations that it if you got lower expectation rob Lewis C exe to probably win six games that you. Well you can go from four to ten games this year. Yeah just Cecilia goes go to attacks okay this and other sports went. What do you think about the saints 2018. Schedule I enjoy you guys' talking sports we see there you go a bet Bobby Hebert listens to your show. I don't think about these up this early and you know takes on our schedule it. You know it you know and it is this NFL is millionaire everybody's got an in everybody's got a new team you know each year to some degree so. Yeah it would just played out. Com then they said another 1 good morning guys I have a question about child support I pay Charles sport but I am are in arrears which means I'm behind I'm not in the arrears but. Right right I'm in arrears that's what he meant to set idea is anywhere can be forgiven and of those careers. And I say well you're you're child support. Is a ten year prescriptive periods so if you had paid child support within a ten year period. He can always go in there and be enforced but after ten years if it's not paid. Then year. That's when you give NASA set to limitation okay wanna go to follows the four months is go to Bob's got a question regards success to anybody at all things legal deductions are now over Nikko. It. But would go. Away. But. More. Should be able. Mike. The ball. LUVs. It well we bought all that bad. What did you except the succession and that is it's. How how old the debt. I. The I think you probably okay come. You know they've gauges put it on the credit report but this because it's on a credit report doesn't mean that they've made a Klain. Into the succession unless they have. Put you know when the succession is open to a lot of these agencies will have people that search records ex senator to make sure that. They or made aware when a succession is opened on someone who will lose the money. And that they will file claim I put in those into the succession saying that their boot X amount that filed complaint. But they haven't done all that and it's just on its credit report I wouldn't worry too much about it. OK so it's a good at it bit me. All that bad right it. Yet Julia Judy Smith. It. Yeah probably he probably signed to some sort of guarantor for the you know so they can get a phone whatever. And so he's listed as they as they. It was better. But it's like a seven richest and his credit report. Is that you eat you have to look to court record deceived they filed a statement of claim and notice a Klein right they didn't do that than where are you probably have sent anything to the executor of his attorney there are attorneys and are you probably okay yeah it's the death more than three years old is this probably all. By the statue limitations. Kurt I'm Bob. I got another text from heat in they specifically say they're not a squirrel as a legitimate question which it seems. My neighbor twin among this is for you this my neighbor trans jasmine growing on my fence so it's now 13 dead. I don't know how adjustments 13 but yes I've been I told her I will maintain both sides of the fence. What can I do can I do more. Com well what you you know if you if if you really upset about it which you can do was get you know by a professional. Landscape architect or or an arbor is there to establish. What do with the problem is with the plant whether it's dead whether it's truly 13 dead or just trimmed back by about a mile. And then you can send to reveal. Politically damaging your property the way it works is if you have a if if the roots. In the and then the trunk of whatever plan is on your side of the fence. It belongs Hughes who grows over to the neighbors spent the neighbor has the right to. Do you. To. Trim that or if it if it. Hinders their peaceable possession in and enjoyment of the properties. And if it doesn't that they have no right to get treated you that suits all point to question fact that they would they can't do is take it upon themselves to trim. So you might might wanna let them know they are in violation of the law by trimming that tree. You know tell them look I'll be happy to do it just let me know and I'll I'll take care reported. And if not the end you wanna go via commodity its who might figure within the values of the plane that the wood about. If the neighbor gets. So my leg Vito. And says tells them to back off my. Jasmine and par are you beat off the securities. And UB in this world right now now now now. I just wondered night and early delegates who the heck is taxed. My question is do you have to pay taxes of any kind of Wales or any kind of money received. Some chances are unless the person who died owns a football team right. You probably don't because the exemption the federalists and are no state Louisiana State inheritance taxes so you don't have to worry about Louisiana and in the federal government as a ten point eight million dollar impartial person the person exemption. Through com can now point to one point two it's a live report to them and if you married it could be 22 point four million they go OK so it's even more. So unless unless the person that died are worth more than that. There is going like I would for most people that like your kids would have that problem issue when they're in big feature a year yours today because you'd be way over that twenty point four million. Some but for most people for the rest of us probably not so all right well let's let's go to break decks and Terry Albert to tell you we can lawyers ultimately it'll be right back after his -- Tom hey we're back that's in serie Albert Nico you weaken our resolve things legal go about a minute before we go to break you won't take that tax. About the that we had a Pappas Brothers joke last week. That was after that and the rose bushes well. Well that's the same guy at the same Babbitt vote bush via that's the same bad joke with the rose bushes. Africa here on their mettle after yet what we're talking about you being cut out of the whale. The bad joke was from a Rain Man. Volley yes Charlie Babbitt was was. And Raymond Babbitt was was. Which is named character in in in Tom Cruise was Charlie Babbitt and Charlie Babbitt. Pitt and I did he was this multi millionaire but all we care about was money in the fans callers in the whatever Tuesday at left in the rose questions. Always try it's fry it right that's what he says you know I got left cut out of the will all of that was from rose bushes in my special needs brother got everything that's right that's right and I hope he did especially these trust new. OK we got a good to Bob break move on Nash's look knew back in about ten minutes and all things legal stay tuned for our number two.