All Things Legal - Hour 2

All Things Legal
Sunday, June 24th
Lawyers Doug Sunseri and Michelle Demarest Sunseri answer legal questions from WWL callers on topics including child custody, "lemon law" regarding a truck, estate planning, power of attorney and will questions.

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

Assessing the person's legal matter often requires extensive interviews reviewer of contracts and documents and research in the current state of the law on the issues involved. As a result the information provided by the attorneys and guests 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 good morning. Our number two ducks and sharing in the show at Emerson serie a all part of why are all things legal will be here till 10 o'clock they'll be just sports after us. And so world com thanks for Renee Ferrara whose great interview. And I think LSU's going to exceed expectations. Now all in for coach show. We will approach or leave it all in from day one day one yes Hulu were coach who fans via our allies personally I think about the guy. Just as personally he loves. He loves Louisiana he loves LSU he's everything this group I'll should come from cut off very humble beginnings. Hate any great heart eking its gonna value that the best part Louisiana and love what he's great he's great for our state he will succeed he now. He will succeed are right com. We got a couple of tax you wanna you wanna go to first tax sure this is such a little house. It says I have joint custody of my children and I am domicile parent. Their mother has not seen them and 785. Days as of today I don't know where she lives and I don't know if she works and you know anything. All of a sudden she decides she wants them for a couple of days. Do I have to let her have man she is visitation rights every other week and she's only talk to them Tyson found in that period of time. That that's an interesting question. There's a pragmatic there's a legal legally if she had the judgment they gives her visitation. And less then. Judgment has been modified which she sounds like he had Iraqi attic you know valid claim to modify it. That under law she has. Now he withhold it she does have a right to bring a claim for contempt that the content has been intentional willful violation of a court order. Actually she's in violation as well. Says hurricane as a pragmatic and there's and there's a legal. You know if at me from me that question would become if you don't know where she's gonna have the children you have not had contact with the you don't know what kind of frame of mind cheese and I think you'd justified in not. Letting them go without getting some kind of court vision for hurt our our our and that's a long time you know it depends upon the age of the kids what Cordelia in the 785 days for not seen appearance. For me that that's it that's arena education issues. Phil okay could you explain. What you reunification is not a court deal with the. Well as a parent has been. Has not had contact with the child than a mile weigh that with the experts say is that am I read if acacia process has to take place wherein. They are into decent apparent again. On an accordion and the reunification process that's above my pay grade that's that's that's a social issue. Mom but we have we have some we have experts who are experts and reunification. The courts can order reunification. It just kind of depends on what the situation is how can get hold the kid's arm what was the reason for the split ten. I I'll follow let's say he had a parent has a custody arrangement in place and it's one spouses. Time for visitation and the spouse comes over me created. You can there's justification for not complying with the schedule if there's the Charles in danger if you have some type of justification for is that correct. So so possibly in this situation you could tell you there's some justification. For not comply with the judgment because of the 785. Day absence. Correct and that but I believe at least our courts over in saint Tammany parish that question and then become you had a you had a right T then modified so why didn't you if you haven't done. On the question says that the advice would be if you have some. Justification. Immediately go back to court I would and ask for the court to modify in accordance with the new. I would and it ejected kids are in danger I never I'm I'm never comfortable talent someone killed following judgment. But there's a track there's a practical way then there's only land. OK got another Texas this month. 2016. Ford F 150. King ranch has been to the dealership with major engine issues 42 for 42 days today. The problem is apparently a forty issues and was. In cells like are not this is on board but you. The Ford issue. And so are the taxes does the lemon law applied in the lemon law basically states that if you buy a new car. And there are some Topper problem that's substantially impairs the use. Cord doesn't conform. With an express warranty. It could be subject to the lemon law but in order to be eligible under the medals at one nor has hit two things one the car has speed service out of out of service for ninety days or. That she had to bring an end four times within the first year of purchase. If you have that that criteria. Then you may be subject to either. Having the car purchase the core returned. Or our aid being paid for the diminished value of the vehicle so that's so if it's a brand new car. And it's been out of service for nine days and you had to bring it back at least four times since and and the promise substantially impair ceases vehicles not something that's. You know cosmetic but not many that doesn't impair. It's off functioning or is doesn't perform to express warranty you'd be subject lemon law on the scene in the skies with a major. Inge issued. Via the show's house likes of which you've got to bring it. So you have to ease can't say one Tom Allen card game four opportunities and once they do that you should be subject to Limbaugh. All right we've got to solve a political. Tax room let's. It was talking about the children of the order here you wanna read it and his. Comment I'm I'm. Hang on and maybe take something about it. What I just heard that Bernie Sanders who said the US doesn't take children away from their parents and that's not exactly true because the US absolutely does take children. Away from the parents have people who are accused of a crime and these people having crossed the ball border illegally are accused of crimes. So I mean in the end I guess in the legal sense if for example. Well if if if a parent gets a DW I with a tomorrow correct and I've had that issue before. This state has you know in in my case is date came and did child any decay heir to the children under state custody. Because the parents who are accused of a crime of a crime and it wasn't the first DW I was the third and says in so what the state looks at is. These children are in harm's way by being with the parents and so some other. You know so they had to be taken from them. I guess you can apply that same reasoning to if these parents across the border illegally and their children are endangered does the state had dizzy US have that. Had the the stand in had a right to take them away inmate to that they cared for. Yes and also. I think one other interesting issue about the border issue with the children. And I'm just. Decisions from a legal perspective I'm not making any political commentary but that's been the same policy since early 1990s. Yes I'm not yes itself so. Draw whatever conclusion you wanna draw from that but this is not news that ours was as far as the borders concern. This is the same law same policies same law it has been since the early 1990s. So. I you know will you can you can make your own conclusions after that are ending this this this tax. I know in and when I'm practicing law and a lot of times student firmly law. It's not just the law you know it's social issues and I'm always very cognizant say that's way above my pay grade anything that is not I don't know is above my pay grade and has some money just commented LO relevant your pay grade as Polly's social worker about 15. My fiftieth heavier pay grade. Yeah unfortunately they manic it would be you know with they're entitled to I know that the the social workers we use in the court system the and they get a decent hourly rate is I applied to pay informed. And finally this guy texted back he said what I meant was that the parent who is being charged with a crime missed four is forcefully if necessarily separated from the. And that's and I wish I point my point that was your point there ego article one other taxes. Basically. Is if you working a job. In Europe owed commissions. And then when you are term nature not page or commissions. Would Jarreau remedy and that's firm today. Whose Texas on FaceBook. Basically. If you're if you earned it commission. Prior to your termination of employment a separation. At the time the separation Euro quit the employers required to pay it. Now if after notice is provided to the implored that the commission has been earned in the don't pay. They can be liable for some huge damages they can be liable for the commission. Ninety days pay. And attorneys' fees. So those sanctions are very very strong because they wanna encourage employers not to hold money that they're entitled to their employees are entitled to care today separate from employment. Now when you have commissions. Often there's a lot of the do allegations about whether the commissions while actually aren't you might have Micah. Industrial sales person who started. A sales armed this sale then he was fired it was close by. A new salesman. It is a question as to whether yeah. There earn commissions not now one of the things you do is you go back to employee handbook to define deceive its defined there if it's not defined there. Then you look at how the company trees prior situations that had the same similar facts. All our. That was six sales substantially closed at Thomas termination and that the closing at that sale wishes to the remainder of the closing which is say it was just a formality. But I do either scenario. If you're owed money at the time termination of employment. Does a very very strong sanction. For employers who do not. Who give received notice can do not pay. And they're in bad faith so a lot of times with hits situations where someone is owed a five or six turn out commission and then the employer end up paying 201520000. Dollars and talons and attorneys' fees. Because they didn't pay that commission so. When you earn employer and you get the latter deal with it quickly because it could really blow up with on and on and also to. Is good idea for employers to have those policies in place their hand books of that there's no impeachment. So there you go JA. You can UC EO he can you can follow us on FaceBook was streaming live. And now on our FaceBook pages or Nikko instance very FaceBook page and economic Texas and home. You'll say well we just got the text for chase at the sales were closed. So the sale will close. You're entitled to your commissions. And if you you have to write a letter. Are turning writes a letter saying hey he can be better pay them or you Camille are up for nine days. Wages to commissions and the currencies so there you go all right Lee. Wanna let's let's take a break ducks and Sarah Michelle camera since are all things legal will be right back after this brief timeout or Barack. That's the serie a showed Emerson serie. All things legal. Slava may and it's ha ha this is likely in the throes of summer now. We only in the house is mourners at two isn't always is unnoticed and we are brains don't remember and we live up north. I mean we come from up north Rhine and Madison. Some yes that's. Any you know what we can you can check this out streaming on FaceBook. Always say that when you earn a show because people don't really wanna wake up and look at Alpert and mourning all Tomlinson mourners but. It's I think it's pretty cool with it thank you so so weakened and also. In you can call so law firm in Kabul 48371304. Probable for a threesome went through foreign North Shore nanny 564969. Cents to we do we try to make the aren't the complex understandable. That's what we need edell Saudi case mass which you do. You take the con you or is really. Get it did and that there you really get it and making things easy to understand. It's a known or else I haven't done yet I haven't said dot. Barack you you you know army thing I knew I got this I have in you say. You have you have got its past tense there's a past tense time now so thank you you know else you know who else thank you and mr. Donald Stadler. My eighth grade teacher at Dell sells. Who's the most fantastic English teachers in the history of mankind and del sol I don't much like. Most of the great teachers in the cities that time that the system oh he said gotcha. Have you. Now I have you none out that you got that that was passed out as fast as us pistons. Have a lesson on that we'll have a lesson. Do we have any more techs we wanted to go to a postmaster. Here they come back arts is that we have the. Well they had the out all the guys cigar with the commission keeps Texans that there. He shows at 101000 dollar commission. So that would that would be that would be good to go after. Alright we will listen I tell you what let's talk a little bit about. The states. Now we're starting to come across who rule our coal more on its special needs Strauss right. And it's instinct phenomenon because. I don't know if that's something in the water and the vaccines Awad that this seems to be a lot of children. Who becoming adults now who have. Neurological. Issues ADHD. Autism Casper. In those type of conditions. In parents are very concerned. On what's gonna happen to my child. It adultery in by adult child went on goal kind. End the state planning is very very important for that because they have it's something called special needs trust that can be armed used to either save money for a child all are when you pass money down to you choke your. Challenge. That they can have the benefit of that money. But still receive any type of government services they're entitled to rent. Because the plot comes if you might inherit a very modest amount of money 5101000. Dollars. The year in you have some type for the average adult child with special needs. You lose those government benefits. And then you have to share the government he spent the money that was inherited was spent. And then there TD that you have to get back on Milan put back in the back row on May be for a waiver program which would like that might be some people saying eight years before you can get back. Services that you lost on me down like for example for the waiver program. Brain tumor also do learn more because if you have an adult children you have a child has made this a major but that they haven't. They fall under the definition of disability in Louisiana for child support and they're getting government benefits. But the parent hat can be and can be made to pay child support. If you open up especially stressed in the house where it's paid into that special needs trust it does not security event. Out now what the hell wanted to talk to you. Is. That problem. Is what is is that if you his new lose our loss saying that they fear. He can pay child support for disabled child to a child with some type of disability over the age of eighteen is that correct. Correct to transport can be paid any age of eighteen here at 319 Russian graduate from high school alone there's now. Yes so is so we are going to be. It can be a child with with if they have to they have to compose they have to fall under the definition of disabled under Louisiana. But they can be made the you know pairing can both parents can be out the page house like it's its house claim it's not I've parents claim. Unless a parent to tutor Leah so you can be held to be tell sport. For the life of the disabled. Which is it is this fairly new in Louisiana and head and you know and again. Lot of times when you're in that situation you wanna have a special needs trust to be the recipient of that child sports the Hilton may not lose out on some. Credit services cracked cracked. Took us to hold. Whole new issue and might tell you lopped division I have about parents of children with special needs is the spores. They're lifespan. Flooded that this informally. But. Well we who would on the news and at. 31. And so we've gone too we're gonna have a CBS. Update. And we have local news will back in four minutes off the last half an hour of all things legal so stay tuned we're back ducks and sharing. Judd Emerson serie all things legal the other half an hour. Till. This just sports. And so we are. This colorful lines longer for low pressure to the go to cam got a question regarding child separation. Take care out all things. Yup donut day tour which got us. You know what this separation children and you know grow worse way it was. An issue since 97 victory. They. You know at least seven children have been four. And now. You know. They talk but separate queues. Parents. At the border. Can. You know nothing mention about that and it's just. Mind that. You know be sure being aborted Debian take well taking care. And it is you know we try to reunited if they objected not to separate the children that are. It was in 1987 victory over. Boy you thought yeah well. Thanks thanks for the call Kim and com. Yeah I think wanted things in war on when are you a political debate but one thing about rovers is ray wade is the question was. One. When the founders were contemplating the bill rights. And protections. Was. Was that act. Protected. Or protected act by the you know by the federal government or was it left to the states. And you know our inexplicably. They said somehow won the founders war. Sitting around in Philadelphia they've intended to have abortion as they protected right under the constitution or that's been. Surmised. Through years and years and I think that's the issue now is I think he sees like a pendulum back and forth. And the question is you know what is the constitution. Is is something that's evolving. Ours it's something that's more static contain these are rights and they're not you know they're not bendable. And I and our our all to an extent and is subject to interpretation so. I think when you're talking about I don't make a political issue mean Leo we we are very sharply as the winner talked about it today. Is that. Does the government yeah elected they've had in recent issues. Is it protected by the federal government or not or is it left to the states that. Problem is is they want it picks they want the government to step in when they want the government to step in our and they want him to back up when they down until like I always tell my client remember what's good for the goose is good for the gander if you want it it. There they are unintended consequences. Have every action. And that's you know op one room in an athlete is that if you debate one criticism. Of the legislature is there's too many lawyers. And I think the other side at the calling is. You need a lot of lawyers in the legislature because there's a lot of laws. That are put into place. That they have unintended consequences that sound good. Did feel good measures. And they'd do. There's a good purposely trying to address. But a lot of times when you have laws that are put into place Sarah unintended consequences. That a car that. Outweigh the benefit of the law. And the next couple years this course of spring quarter especially if there's a new Supreme Court justices put on. One who retires. Is too would extent. It's a Supreme Court gonna follow the constitution. Or are they going to sought to make say you know this is the 21 century. He that is the the founders were out of touch. And they really don't understand. What is. You know what this will would you know they don't understand how things were between first entry so we're going to make our own Ditka did that we've got to make our own law. We gonna make our own interpretation as to we think the founders would have. Bought the 21 century not think that debate is always. Occurring in too much needed to what extent do you. Our guests are. And in. Could fare confirm additional rights to Vietnam. You know to to to certain activities. Issues or whether the states are you are best left left to make those decisions. So I you know that's who say interesting home slovo. Interesting perspective with scar happened. Without getting into a political political debate so a day well let's let's let's let's take a break right now and will be right back and all things legal ducks and Sarah Michelle camera sensor. Will be right back after his preterm were back Dixon survey showed Emerson Terry all things legal right back with got a couple attacks. And retirement the legislature and lawyers I'm not I don't wanna get a big clue who they are just sought of expressing you know why it's good sometimes. They have lawyers and legislatures have good not our shores. Like you in the legislative yes. I guess but we have too many self serving greedy trial lawyers in the legislature. So there you know that's a different point view is different you know now this lawyers honest lawyers. That's a concept I wanna sought to get to that so 'cause we always you know we always have we always kids who grew from being hours. But you know I'll always a lot of grief our elected lawyers true yeah it is OK I got one for you what do you throw. To a drowning lawyer. And now know even better case an anchor hi Dave said an anchor. His partners have. An election analyst at the. So they got you know assigning it hit it could gas is a tad I grew up in a family lawyers and so bomb. I mean he even that is advantages it's come on I love what I do and I'm proud of who we do now and bought thing I think. People have a lot tabs they have assert that you lawyers into that you want. Sought changes when you have Finland just like any other profession they're given their bad ones known. We are Kayla. Talk about this lawyers now and in family law in the state matters who. When not only lawyers were also part psychiatrist psychologist. And my scanner. Social workers because you know when he took like in a state matter when you have siblings fighting much like you wouldn't comment on my arm. And siblings who have head in the air DNA. They've had distressed if had disputes to head it's his play has been part of their family life is part of who they are and there. Conflict with their style with the siblings. And then you're in court. You know you have a couple leadership to deal with like before like you when you please putting up the succession is really about money. How you split up tomorrow who gets credit to him he doesn't get credits he's entitled to walked. But a lot of times before you can even get to that you have to deal with the emotional overlay. Of the family that's fighting. And it's interesting. You know Lotta times were trying to settle this. We're dealing with things that had nothing to do with the litigation but have to do with a family history that is spilling into the court system. Right and unlike in family love what you gala at the emotions of the husband in the life of the mother and the father in a state work. You can have ten album ten siblings or you know you have more of a dynamic rather than just to have into the angry parents. And and it it takes it it takes a little different skill. Because would have found this this. Is that when he comes down to it when you have an estate fight. It's not about the money. I mean. In fact the state fight is causing all the parties to have less money. Because the process is eaten up but really with the process is about is always the purpose of that is. To hurt the other sibling to inflict pain on the other sibling to continue. The conflict with the other sibling and what happens is when you are in a a state fight. All the parties are there in voluntarily. And so they are forced into their involuntarily. When you have. By K emotional punch you have some type a conflict they cannot withdraw from the situation voluntarily without selling the estate. And so that's part of the dynamics. That has a lot different as forest trying to deal with is not only being a lawyer or understand law understandings you know allocation of proceeds of the state this like would he do with this family in how do you get them more on the same page. Because a lot of times we did not tell you we try won't we settle these cases. We try to do is we might have a status conference with the judge and we'll tell the judge who look these founders on the same page. If we come to a settlement. We wanted to read all want to direct it this since they step out the court house they go to change your mind right. Because the purposes and result things to purposes to continue to fight. I know a lot of times when you resolve it in your cutting it off and then you no longer have a former platform to to spew your emotions and I'm fortunate to a lot of people. But Dario and and I think it's you know especially for the you know visit there's a whole group of lawyers who graduated to a source setting the bar exam which it. Is is. Is wisdom. In dealing with personalities. Wisdom and hearing. People's grievances. And trying to figure out. How to. Navigate. All these difficult emotional issues to get to a resolution or solution. And so that he had that's a different component of Pavia say workers allowed Tom to be at two businessman who are splitting up. A business and they are savvy businessman. It's really just about money it's about how to do it the most efficient way that both parties can live with and but if you hit that emotional component to it. It really adds and that's why. If you are met if your if you're a blended family or you of yeah every family has difficulties. Have been met the Brady Bunch. Movie now now I mean how every film has some underlying. Personal dynamics that makes things unique. And that's why it's so important to have a will. Because if you have a will that's specifically specifies. Exactly what you want to have a car after you've gone. It minimizes. The parameters for possible dispute. Rank and you know we started put in an hour is and a dispute cost. That if there is a dispute and aired disputes. There are there out you're out rotten you know play fairy acting upon my wishes unified mile wishes near out and so that. I would think that's a good thing to even to at least talk with your attorney right is that a good provision opinion. On. It's interesting you were talking about it a lot of the B and social issues and I was just thinking you know these young lawyers that are coming out of school. In this news this generation is much different than we are but what it is very interesting is the line isn't different and I'm teaching a co parenting class and I started first saint for. Jefferson army person Tammany parish. And I'm in week two in La Canada one event co parents is their younger and they're still in college and she. Is understanding that and she's the one who who labeled herself this not myself she said my snowflake generation. Has a difficult time in this court system because they realize in the way that we do things is not the way that's in the right interest of our kids for Coke can name. And it's not gonna get us anywhere in this legal system and I thought that that was a very tallying. Just telling thing for this young girl and she understood what what what the world in my her generation is used to but I really that when you get out in the world and you bring you big girl Viennese in your in the world that's just really gonna work. That is when he a favorite sayings on them put on your big girl panties and and so there you even tell familiar male clients that winner whining and a half a there you go only telling me and Emma yeah all right. All right this goody candy got a question regarding power return hay canyon all things legal at that since their initial camera sincerity. Are ignoring. College. My brother who is now. Why support it ended year. Oh you're struggling to get marked for up their power returning for. You ever get from the paper and we are papers on capable of managing this or at least in the short term. I'll watch what a process for your necklace or shortage and. He had to do interdiction proceeding on. Alia is so so that industrialized type clients. Get a cover attorney before you need it because if you do not have a hope of returning the only the only remedy is to start interdiction proceedings you have to file. A matter with the court and what happens is then interdict or your brother who would be considered interdict. Would be appointed an attorney and the attorney would kind of stepping in on his back half and a quart have to determine whether your career your brother. Lost the legal capacity whether he has a legal capacity neat he's lost it. Are obliged. Support. And conscious. Well he shot did to the process it still is still a process and it might be quicker process but it is a process you have to file a petition for an addiction. And it and it's a lot more pensive. Undergo. Much roster out of those costs get covered it. Well you people are write a check or doing. It's the addictions granite then the person who's in addicted to state will pay for get reimbursed whoever whoever puts out the money. 222 prep processing interdiction if it's one of the family members and Nina addictions granite. In favor of that person then they get the money back from the state. How. That's so weird question we're surety. Miraculously recover. And regain. Then the interdiction would. No longer be necessary and could be terminated if he does have the cognitive capacity to manage his own state. But then all of the costs and interdiction or thought out. Happened before they entered completed. That day I mean it's interdiction was granite then the person who file for the interdiction. Would have the ability to get it back. Okay and how long that cost. What could it could be anywhere from two months to year. Two story here news. Canaccord the F Dan as you ask our former owner of the saints about that. Or privileged he told me it was going to see an attorney and getting Graham and get a power turning. Mark rather well so changing as well. I think that underscores the importance as Michelle said to get it before you need. So that's but but the but thanks for thanks for call us go to marriage got a will question hey merry you know all things legal decks and Sarah Michelle Emerson serie. He had good morning good morning Berkeley hall. But my father died about twenty years ago couple naked covered. He had a real. So on the Leo you and but how. In the concert. To my sister and not excluding my my two under it but that's not the point. Does it include. A property that's how we want them because that but apparently. So. It cover the property also. Yes I could crack the act does and how do you. Go out and captive include proper asked him. Thank you so much all right there. All right thanks for Carl's go to break Texas Serbs shut them since they're all things legal would be right back for our final segment if his brief time out were back Texan Terry Judd Emerson are all things legal envelope military call clues on a tree issues. He called next week or call early because Albers out here read that he directory expert I think he's brought this morning's writing on his book on treatise country's Leah. So Bobby give this call next week that you can call salsa on a law firm on a tree issue you call Albert. At 5048371304. And Michelle on the North Shore nanny 5649697. That. So if you know I'm I'm waiting for the book he's got several chapters to it on how to do the trees hanging over. Neighbor's property. So now what do I just attacks and I am very I'm very cognizant and very forthright about what I don't know. This person's his seventy Texan I know speeding camera tickets can they be sent to collection agency for nonpayment or is that against Louisiana law. And aren't the answer to that I don't think they can do it because you haven't contracted. Is not a legal obligation but I'm not quite yeah that's kind of my first thought so and that my share and on science of. It's art you don't know at all now. Even with Google we don't know at all. So there you go all right so us. Thanks thanks for our waking up this morning and I appreciate it Michelle and I. And will be back next week on all things legal aid to can be couldn't be blessed day two for just sports see you next week.