All Things Legal - Hour 2

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on topics including taxes on BP settlements, car seizure, and successions.

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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 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 with a verbal or digital do not create an attorney client relationship. Hey we're back our number two decks of terror over Nico you we can lawyers all things Leo you can also call so law firm Nikko and sincerity it fumble 4371304. Final 4837. 1304. Dot claw. We'll talk sports even with the for a few minutes on a week not too long by armed got a text palm. Who do you think will win the NBA championship. I say Toronto Raptors. I think they're probably the hottest teams I don't know. You know I just I'm not used in fair and it only because and it's it's not you're James Harden fault by. He gets every little to keep tack call driving to the basket. And goes to the line twenty times. Game Indian BJP needs to clean that I think I think Houston's. Style play with a three guard offense is very good Dornan regular season but it has his vulnerability. When you get to the half court game. In the playoffs playoffs have tennis to be have court asked why I am a Segway into the pelicans as I think the pelicans would be. Possibly do on the playoffs because they would they could play a good half court can now especially in the cola. And spreading things out Ameritech shouldn't Anthony Davis I think they're better team without whom he's been with booby. I actually would near ten I see Brad thinks and share the ball better they played you know much much better. In Mirotic is a much better defender than bookie was bogey bogey be where we're not very quick but he was a score at a big four it's hot outside shoot outside I'll take anything away from him but. I he I think I think Mirotic is a bit. Here so slow a bit and you were. We're talking a little bit before we get to Debbie. You're a little. Critical. Coach gentry and I've been that I think cushion entries on a phenomenal job this year well I. How they're just you know obvious problems that you see. As CBO. As an amateur student of the game. I'm just looking at like really com. Oh yeah the other night they played they played OK see wrong Westbrook probably one of the best players on the court. If not the best and he's got. One of his oldest players guarding him one defense. Really I mean you gonna have you're gonna rush on Rondo guarding Russell Westbrook so he goes around to be breaks down the defense and and now you're trying to figure out who mug and a garment and guard Russell Westbrook a millennium dump in off. In side I mean it's just it's one of those things where you've got to you know you've got to be able put. A young athletic person. That you'd you can kind of waste on offense. To see expended more defense to just try to slow him down a little bit. Same thing as last night you know he had he had true. Guarding guarding Kevin during. Your character it's got six inches on true so the backing down in the lane and shot little shots in the lane and ended up with 41 points in wanna to try putting the dollar one. He's he's probably the same height he's athletic you don't need him on offense so even if he he you know you just. Pound the heck out of KP. Buffy if you don't mind the aloe. You know pollen for propped hello look at Kevin did I hear that he may do that surely he's Royce conveyed but. You know give that a shot come in don't Wear it we don't we're drew out could you live in you when the other end of the court. And you're in you're asking to perform this monumental task of guarding I think I think if they get to the now this is interest thing they could be his highest foresee. And bars flows out of the playoffs so yeah it is switches which is really exciting yet they went Monday night I think we're nearing an end and the clippers are out. So they may tank it they might packet is now one good thing I think they match up great with the program blazers which would be six because to trail blazes is a guard oriented routine. That the pelicans can exploit in the playoffs hiker in the paint let's do this let's take Deborah she's beholden to you Larry I think I would give back to the national Segway Fiat Bravo pelicans to. BP thank you element for holding. That this you'd been good list right drafted into the. And I'm expecting to how the total lack attorney portion of via government. That much and reflect only the amount of money check was for. Right so we here's what here's what happened. Early on we handle the you know bill hundreds of these right so early on what happened was we as the attorneys. We're 1099 for the full amount. And it was up to us than to distribute that amount to speak the clients portion and give them ten I mean as well. What happened towards the end it was some settlements like that that came in towards the the last year or so. And believe it or not. The the DP. 1099 both the attorney and the client. And so the clock for the full amount. And so there's been there's been somewhat of a an accounting nightmare for a lot of folks but. Talk to your tax prepare and pair of them. Deduct out these turns yes it ducked out the attorneys' fees and and whatever other news CPA caustic setter that that you may have incurred. And maybe send a note to the IRS do you know this was done and showed the you probably got some sort of settlement disbursement statement from your attorney showing what it was. You probably can file that with you return again I'm not a CPA. But. People that you go down to like H&R block basically if she had stayed on the hole now now. I was threats that's not true as such or you might Lou will which may wanna do is hire a CP ages this year. Who's also file tax returns for other clients receive big BP settlement and they would probably know. The protocol. Because on the pin on nine it's my my copy and attention has won for the state if Ricard why doesn't have one for several. What do the federal one is just cannot and I that's the one after their pick of dates and two via. To the federal government. Both you yes they've already got. Okay but some people were a car accident on the settlement they don't have to pay tax. You know he Marat and he generally don't we generally don't unless there is a component for lost wages and lost Inco. And if that's the case. Then that you will have to pay. Either self employment tax or employment tax on that lost income lost profits those sort of economic damage as you would pay. Inheritance tax and inheritance but bottom income tax on but he damage claim for personal injuries it's considered your damage and you being. Paid back for you physical damages which means you did not sustain gains. But the beat lost profits that you should have earned. If what you earned them the you have to pay tax office. They were to practice with BP settlement if it's based upon you lost economic damage. OK so we weren't response but suspect taxes on the amount of my check but there's a blocked fourteen at chairs. Proceed patent attorney at blank. Well then then yes so that's that's the the problem with going to the H&R brought block folks. I don't you think that is more cookie cutter did you have a lot of times it's accountants and just book keepers and folks that you know. No basics and not the more. I'm esoteric side in this together if you if you if you knew the name of the CPA we can recommend. That's got a lot of stuff Ross sue. You know we can. I'm an all instead I mean come. OK but if you know somebody. You know go get a recommendation from someone that they had BP settlement yeah. A cable and other than everybody and tell on the op opposite personality of this election started earlier occasion. Our largest Redmond to return in and get that taking care of our bank thanks for the call it that and let's let's go to Texas and actually question what actions can be taken against a person that is making false accusations against a person. He's telling various people's falls clients in ruining my reputation. Could this person be handled in court a quarter of law and help is appreciated. You know with social media. That is happening more often. And there's a lot cyber bullying and in. Fact there's I think there's new law that Harris. So are built bowling as a crime and there's also. New jurisprudence is coming out that you can get a protective order against a spouse or ex wife or ex husband. Our acts. You know well over where you want you know. We have all become by air if you get a protective order for that based on several boys and so on but you know there's always. Issue if if someone says. Something that is. False and it's done with malicious intent. All without malicious intent some two times you can prove damages if she can file a claim from defamation slander. But a lot of times what's hard is to prove your damages. And other Ortiz two components of this is one component science. Is what they're saying about a person is false. Name and number two. You need to say OK well that's that's that's one aspect of it and you could prevail on that number twos how do you preview damages. I mean well you. Are part of is in we've discussed this before we may have this issue. Is that. By filing a lawsuit in perpetuating it. Or you exposing this room or whatever the case maybe. Two more people than me know about it. You know in this in this huge social media aspect. The other thing to thumb in the truth is it defense so if if if that's some truth to there's some truth to it or they're very you know there was no. Actual malice in the league. In the comments are you know if they're not accusing you for a crime or something like that then column. You know the truth is a defense students are union need to make sure that there is no truth to it and then all of a sudden. You know it's he said she said and you know you've got to get up there and prove that it was not true. So it's it's. I would be very how would be very thoughtful. And evaluate. On analyzed very carefully whether you wanna take any action when we Europe. I'm back what are as agent before social media. In the late eighties early ninety's. I'll pick up the paper. Our get a call saying. This is what they said about your player that I knew was not true mean the question we had was if who is an embarrassing fact. Was. To ask the paper. To run a retraction. When you run a retired traction you bring attention to look into it sure that other people they know all as opposed to just saying you know as keep quiet they'll go away right it's yesterday's news let's not bring anymore attention to it so that's one of the. Other issues yes you wanna escalated right you know in in that that's the risk that you run by. By bringing an action certainly depending on what it is and then the other half of it is you have to establish. You know is all the words defamatory or you know or they. You know the home recent case came out. With the with with. So what was his name. That the exercise guy first is senate together Richard Simmons case will inquire was saying that you know he hadn't been seen for awhile because. He's he's transitioning. And that turned out not feature in it turned out not to be too right he's transitioning into you know a female and turn on a future so he sued them. I am in the court the court in California. Says it. That's not a defamatory statement. That he strains transitioning into a transsexual that's not defamatory because a transsexual is just another and normal ordinary human being. Just like anyone else's so it's not defamatory that count comment I would and California would be bucked him. Are you a little break you don't gums and I have to. Be Texans are Albert Nico you we can Mars will be right back after his pre. Thomas K we're back Texans area over Nico you we can lawyers all things legal got attacks on our FaceBook you can boxes live streaming on our FaceBook page. And the question is will look Benson daughters. That well daughter and grandchildren sue. The Benson state and my our response would be that. Not on the validity of the will and trust because one of the witnesses. To the will is the archbishop payment. So. You have a very difficult time trying to impeach archbishop Hannan has found eyman on you know. In a witness stand with the hat in this Cain or his staff staff. And his garment since you know try to accuse him. Mr. events not knowing when he was doing when he signed as well but they could have some ancillary litigation as to the allocation or counting. By and between the dance in this state and what was already given to the beach home daughter and grandchildren. You might have something a dispute this course has concerns so but I altar I think the world the wheels airtight. And I think this brilliant advice if you ever wanna have airtight will. These if the archbishop is available seat feel signed as a witness and I think you'll probably. Would be very health. Yeah I mean you know it was and again they were friends they he would that's literally would often say mass. I don't I was superdome Obama for games they were. Of quite often you would see of him in the suite in this week in and yet he was. You know and I think I think gale. Facilitated a lot of issues she wanted to leave a legacy to which he thought the great legacy in a lot of different areas yeah all right let's go to. Bob's got a question regarding succession tape I view on all thing Luke about a minute and a half. Hey Bob. Good morning. I'm more bubble or you're Demorrio. Good good. On experiment states and now so. He can't percent. They're total. Only yards for a I think for a two and a half over two and a half percent unless otherwise stated but yeah or less the court you know if you're if you got a twenty million dollar state in the 11 asset you just placed him in possession you know could get 2% that. Yeah Q&A half percent is the statutory amount but it's subject to. The court's discretion. Yeah so are are predicted more. Yeah I can ya if you gotta you gotta have had that on to demonstrate that you entitled to more. Yeah that got them so a lot of you know special yes special circumstances that you had to do a lot more work. Boca. Are all right our thanks to call. Oh OK we got a good to a CBS news update local news moved back about four minutes and all things legal for a last half an hour says state team and they were back that secretary Robert because you we can roars all things loop back for our last half an hour. Of all things legal attack clock stay tuned for additional sports with says Dunlop he is heaven they wrestle mania. Preview which we saw a preview of the preview for south upon what you wanna call it. Fonts on. Historical. History of pro wrestling there is in hot. That would mid south wrestling all right let's. Let's go to foam on the Skoda Bob he's got a question regarding course seizure of Bobby and all things legal Texans turn over Nikko. Yeah good morning good morning got. Inco to and so that was pretty it was it's what made it. All of these bodies. Chair department in its original parents have in England wa. And the corps had how would political. Call. Us. Are able to call it. My zone that would call and the agencies that vehicle retarded back to that in oh. A guy in the lane over is questionable payments from corn or musical. Well a KE it's been turned into the lane older yeah. While I would I would I would suspect what happens to win whole loot taken back up the car would be probably sold. And any difference between the sale price of the car and the died in and the amount of the lean the attorneys' fees would be a deficiency judgment. And then they could seize you know probably seek debt portion of the two that judgment against the guarantors of the long. Yes certainly this is in breach of contract. Yeah and I'm Greg you look in the contract about that now I'm assuming that payments had been made it though and Lawrence. I would never mind. Well then I don't know that they could do to act as if they except of the payments and now on on on the that they can lean in a molesters. Some provision about it being impounded. Yeah you know what is out there what you pay. Are they wanted to pay for the car and full yeah and full. Well it is there aren't a citing a provisionally sane at the car becomes impounded. That they can accelerate. The the loan amount Torre is are they relying on any type of language like that. No. No luck so then I and I mean as long as you're making payments I don't see that they can. Charger to charge Jason Hillary alone accelerate the loan if you make the payments at the should be an issue. Questions about what they did extremely. Well I think there's more to it what is what is brush with parishes and center. In what is your home loan company said. As well the reason why Andy and you know another word G Nissan is say utilities on look. At my my payments are current but what's the problem. Yes they said basically the guard. They were keeping the call until payments were made are to target. Well and their Arabia I don't know if there's some sort of cost of seizure or something that my peace in this cost associated with that that they want to pay I would double check and make sure you know with the looking. For all quiet and watch you could call back the customer service representative at least on an ass would samba. The payments are current. Would provision or you relying on in the lease Fisher making this request for relief. Correct and I asked him that mating game and it didn't have an answer report. He and actually the cause these detectives are now going to offer to develop a coma on the night. I. I think there's something that's missing in this fact scenario that we I mean I think there's some there's some back in between that. It is is there's a disconnect because based on which he described it can't do pilot suspected that if they seized it. And yourself on that there must be something else going on with that. Yeah that's all it was a good note but notes of current. Although that was and fall and just being grams of marijuana in the call and they say they see it because of that mid August so that region. Almost. It. All right well. Outlook I think what I would do is ask for a supervisor. Because it did this if it's simple as that then you know he can maybe get a court order not to do it but I don't so if there is some factor in between. That is com. Activating. The them. The finance company to seize. The vehicles are Iowa thanks for the call you know on it on that particular case. I would suspect there's another factor in there. Sure you've got to look at the you gotta look at provision is at a leases and purchases at you know what would is that with the terms. Why was the property seized was there's some cost associated with seizure. While I was are turned over to believe holder did not return back to the owner. All of those things have to be taken into consideration so my guess is this is something missing they tried to. Obtain. Payment from the owner and worn able to do so and so they you know place in the defense has typically. If if you're. Delinquent. And they have and they knew and they wanna sees the car. They will not accept any mall more payments and say we're we're not accept any more payments could see acceptance of the payment could be. Hey syndication that your believe in the car owner of the debt right. Some are a little more to that are at risk let's go to break Texans sir Albert Niko you'll we can lawyers all things we'll be right back after this brief time out they were back Texans area over Nico you we can lawyers all things legal. You can also call selloff from a final 48371304. Bible 4837. 13 old four and we're here with Albert and his pelicans and her bright red pelican breakthrough at pelican shirt. I yeah I'm all I mean I'm not again not a big fare in coach but I'm I'm all in on the you know on the pelicans like the players. It's a it's a good group of guys. Not a lot of attitudes. You know two is dwell respecting young men and and they play hard and it's what's good about the NBA you like to see those kind of guys come up and I think Rhonda is going to be head coach one day. He made he's our allies or you can see him on the court directed folks and he's doing. You know it's just he's just unfortunately not a cannot shooter and he's 50% from the free throw line so you just can't have that when the guys got the ball. At the end of the game and you know he's gonna miss four to ten. See yeah on you know when I play best that he just has a good defensive player which was code freaky achieved if the right became chief. Do you have to make a comment about the masters and the whole PGA Patrick briefly from you you high right up the road which you know gotten sick in Iowa. Tiger Woods started the morning. 39. RE IQ three and all they can do is show him on the TV and focus on him and go let's go look at tiger shoot that shot it's like. It's old news is he's he's he's. Meanwhile are you saying well he's been terrible for for the last four years history you know 34 years whatever it's been. And so you know if if on the other guys in the PGA I go to mansi guys. We're carrying the water now we're the ones finishing in the lights with a one playing good golf. You need to that you need to focus on us and give us our day in the sun you know and let tiger you know work his way back into the into the limelight and not. Thrusted upon him every time you know look I know people interest that he would what's tiger doing. You know he's back is yet we're gonna make his comeback and there's a little bit of news there but pages. Tiger is single handedly. Revive. The sport of golf as part of this agreement to the masses will disagree with that and that's what this system PO down now another thing about. Tiger there was interest thing. In they asked Jack Nicklaus twenty years ago. Is tired of gonna be my. Records as far as winning most majors he knew Jack Nicklaus that. He said tiger's ability. To beat my record will be based on the split the stability of this personal life. He said there's your resume his very via prophetic because exactly because I know Jack Nicklaus. Was. Ineptitude that's the apex via and any little thing. Could be really from that potential yet attacks and that's what he saw this as others interaction you know in the go go was folk okay. So let's let's go to fall launch was gonna call he wants I don't know finances through a process of our hottest to a lawyer early you are quiet at all apart a car you know things are you deductions are now over eco. Yep I had an accident and I anticipate it would be out of the well as well but I have to pay part of my hospital because of the large booted up. And because I would. Are our Jake I just took the. It was only when regularly when women learn. They'll let you earlier this backup he's you know by EU took the money. We what does that mean. You settle for less than you thought you would settle for big where you can Jackson lawyer for that. Well. It would it would all you I don't know Bubba bitchy you can't you can't say. I settled voluntarily. But I don't like what I voluntarily several foreign I'm gonna see my lawyer for you can't do that. Well well I would think caregiver at that time my mother would. It doesn't matter it doesn't matter I mean I made a voluntary settlement if you think you were entitled to more you hit the right. Not to settle for that amount and go through the process and try to get which you think you're entitled to there's no constitutional right. That you get what you want when you get wanted it takes time. And a lot of are you. Hala I had to pay 800 out there and. I I would know but nobody said that you had to sample you could have waited in a process and pursued. And there it is further try to borrow money. Yeah yeah and it. Couldn't wait and. But that's not that's not your lawyer's fault that's not desist that's just a personal issue a personal choice. That the hospital I'll tell you this the hot wheels what he's probably saying is that that they. They said the bill to the lawyer. The lawyer settled the case you didn't pay for the hospital bill from the settlement. And therefore. Are now being charged with the with the hospital bill but did you receive any money. You. See. Something and and then you received an amount in excess of the 800 dollars. Okay so are the factors the lawyer the lawyer may have neglected to pay that amount out of the settlement and objectives proceeds. It's just a second I understand. Bet that Dick Bennett the amount the insurance company pays on a wrecked had to do with it damages that hospital only. George 300 ballots but it was really 17100. Which would have meant that that the claim it's going to be in twelve would have been 22. So that was my original I'm sorry I'm excited. That's OK and I know how to content. How big of hospital bill that went from 300 to 17100. Make the claim go from 121022000. Right but that happen. Because in because the insurance company pro lawyer that it would send them twelve about it and he said OK send it. But in the meantime the insurance company bought the hospital but was 300 fought street. But the hospital though was brought in that could be but the lawyer did. I don't know what happened there were in. Well Carol. Aren't well. I don't think if if you don't know what happened yet he can't really blame. A lawyer and in Motorola into if you don't you're responsible for paying for that medical bill. Then in the you're going to have to pay the medical bill whether the lawyer. Took it out of your settlement or not consumed if you neglected particularly good moment you're still gonna owe it you guys basically while religious hundred bucks you know assume lawyer fees by when. Settled case we always tell Klein is this is a war zone Fortis who gonna put your pocket. That's two questions you need to know how much Selma far how much you know put your pocket when everything else has paid off. Are those go to break Texan Terry average Nico you weaken or is will back Francis street come out all right we're back. Little tough on the last caller if you if you if you got a personal injury case. You know with MB or somebody. Do you tell home. He said look how much am I selling far. And how much a market my pocket. When mom all expenses are paid a little item is station of the bright person with a whip the court Costco would expenses go to and medical bills to all right. So that's a wrap we're gonna we stay tuned for stepped out Dunlop on justice this have to Dunlop on just sports assuming here in just a wrestle mania fuselage then you can call us at our office at 5048371304. Nikko instance Terry law firm aired. George visiting with you today and we'll see you next week on all things Leo at 8 o'clock on Sunday Monday could be buss have a wonderful and last week.