All Things Legal - Hour 2

All Things Legal
Sunday, April 15th

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on topics including estate planning, rental property, wills, medical bill issue and successions.

00:35:52

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 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 our digital do not create an attorney client relationship. Hey were back Broward or to reduction sir Albert Nico you we can lawyers all things Leo gives call 260187. Or Texas is 8787. Also. You can tax so watch this online and off FaceBook pages Albert's on the codes sincerity sincerity. Our FaceBook page. And he could Texas air will answer your question we can answer your pelican question you know. I did a few events that are gone to that. All of you sporting events that stick out my mind. Of course the saints vikings games are on those Super Bowl. Kabul playoff games Hussein's. Couple heavyweight boxing. Championships. In Las Vegas then. And NBA playoff games. You know if you ever in if you haven't been to a playoff game man via. It's the atmosphere just real. Ticks up quite a bit you know that this reminds me of us here. It reminds me of a college game March Madness all of a sudden we gonna check our egos at the door we unit not care about our salaries. We're gonna leave it all on the court we're gonna we would gut the best players. You know with the most skills. And the most training playing at the highest level that they can play it's it it makes it that aunt and as they're not just mailing it in a lot alike you know you've got 82 games OK we'll see this game and win the next one. Com and if you ever came to leave it on the court. Less than ten points in the fourth quarter you don't sit down. For the last quarter. I mean you basically repeat the whole time Aaliyah and every pass. Every you know every shot it's it's just discretion is just really. Takes it up a notches not to government first Honda. Quote then no warrants were in the playoffs when they played Philadelphia 76 as well Alvin R&R percent and an end up losing the series 42. Brochures saying I was then you know is sixteen years ago and and this is really. It was really really to tell us it's very very intent. And. I we do we do have a few. Text attack we were talking about use affront to force mostly in the contacts of the surviving spouse. This is can I let my living girlfriend have use of Brock went I've passed away in the answers yes you can you can you'd use a frock to. Whomever you wanna give it to the can be a friend can view. A partner Libyans bios so you know live in girlfriend boyfriend whatever the case ended. And yes she can soothing. And you could do it and you will you could also do it now in other words if you have a are living girlfriend or someone you wanna give you struck to who you're not married to who done on a property. You can file. A suppose you can file basically is it's like a transfer. Or act. In the more I'll mortgage in today's records notre authentic act saying hey so is so would have a Yusuf rocked from our property. For rest my allies toward given certain conditions are right. And you know you know it's always in actually questioned if he asked than someone who's been married 304050. Years. And state planning. You talk about these front these they would do you wanted to end do you wanted to and on remarriage or death. And sometimes when you answer questions someone who's been married for maybe 304050 years has probably made you want a first time sports coupe. And it's it's it just seem to see their faces because a lot of money to wait a minute. I don't wanna do you know and the other little in the way you don't want to go for life and audio wave about you remarry out of what you'd have the money and then when the kids they have the money into. If it's if it's an interesting question right and again it was it was set up originally to where. Remarriage would mean you know back in though that you know the early days when this was all written remarriage would mean. That the husband typically dies first the wife is taking care of with the use of fraud and then upon. Her remarriage the theory is someone else is taking care of her consumer horse those. You know those are in equated ideas and in now. You know ups you can confirm that for life if you wanted to have them you know that the money for life or. Again the vice person in it she wants a husband to not have the confirmation for life with the used Brooke that she wants is children come into full ownership at that time. Then they can use and. And and more when we've seen us or some I would common. In and do well and they had been married 4050 years and and maybe when the first bounce pass that's by the deceased spouse gave everything to set surviving spouse values were product right. And then. We're talking earlier you used the word bimbo Annan on unknown parties that were well no I that is not an every case that this was the case it would money in my friend's example. But we've we've seen cases where you have someone in. Man in the seventies who's maybe 34 kids was married 4050 years. And then. He has all the property and he's marrying someone who's in his thirties or forties. And he's comments say and a wanna give everything to my new life right which are irony by exactly. It's and an end you know we have to do you know we do. We just know it's funny and badly that's all you just know when this happened justice is gonna be ugly and so you know that's one of the that's one of the consideration one issue which. That's what my dad divorce is my mom and my mom remarry or use if he has a will before she remarried. Does that will become default what power does her husband. Executing her well. OK I'm I think what the question is. If you have a well. And in your will you name your spouse. As some sort of beneficiary of property or you name your spouse as an executive tricks are exactly tour or yours date. Com dug in India you get a divorce that you don't changer will what happens. And there is specific code article that says that provision of those provisions oral or written out of your way. That the surviving I mean that's my commitment that you're you're divorced spouse. No longer takes because the presumption is that's all been settled through community property settlement. And then. The they no longer have authority over your state through that in frustration. So together and do wilders not. Willis not to faltered he used the word that this does a good question yeah partner Clinton's public Luka. Let's. Yeah I love love the subject. Hope you continue that perhaps when phone calls a slow you guys could sort of pick up this pick a subject each week in educators think it. I doubt we'll try to do that more and we do talk a lot of sports and believe me when basketball's over and base. All columns I'd rather talk the talk log in baseball I'll Muqtada loyalist baseball that are right this go to. Let's let's connect to go pick my husband has a Down's. Syndrome daughter that lives with her mother. How can I protect myself and not have to sell my home. Well I don't think there's an issue if you have a adult Down's syndrome child other child a special needs. The parents don't have to worry about any Medicaid payments attaching to their home purse say. But which you can do is if she could do something call especially Strasburg especially these trusts in Saudi you will where he basically creating trust. Where the money that's put in the trust upon death or if that's creative at the time mom bother living. Can be use to help. Enhance the lifestyles the adult of the child with a special need but also that child would also maintain their government benefits. And he special they called supple now on these struck special needs trust these or totally essential if we have a child was special needs because what happens desist. When you when a child with a disability or adult child with this filly receives government benefits is based on heat and disability. So if the need. If if it is an alternate. Source of assets or income to pay for it and the need portion is no longer met criteria is met so therefore the ninth has two benefits. And so we've seen is you might have an adult child. Who's you know 4050 with this with. Down syndrome announcers. Who may inherit a very modest amount of money written 10151000. House was some talk from inheritance or insurance policy. And they lose all their government benefits because there's no longer and because the government says you have more than 2000 dolls cash you don't have a need. And then would would would has to happen is that person has to show that they have spent that ten to 151000 dollars on there. Our care and on their day to day needs and then after that. They have to get back in mind. To get government benefits which could take 23 in 23 years. Well this question I think was more from. Yeah I listen is not have the Down syndrome truck ride she's the one that saying look I'm married to this guy who has had Down's syndrome. The child stays with his wife are right his ex wife. How otherwise protect myself as the second wife from any claims. That the government may have anyone may have against. The house that she doesn't say whether the house was purchased together or whether it was purchased at NASA sent a community problem when you a few I creation yeah. Let that it would I was I would I was assuming was the parents. Would not be liable. For their own property for any claims. That the daughter had. That they have against the daughter. As long as she doesn't inherit the house. And goers while while they own it there's no claims right and the parents own a house and a daughter loved. Orders in the chair that did to houses here are either that either you know this is the hope happens is the husband in the new wife and then this the mom and that the Down's syndrome child with a who who lives in that house price well unity either he's area is is not but. Would she do what I was trying to segue into you gotta do planning mean because if the daughter inherits the house. That she could lose their government benefits. Through you know through through the death that the parents he you know either parent in which you have to do is. If you want to get some assets through you know or transfer assets had death tourist sometime before to a child that has a special need. When you have to do it through special needs trust because if if they receive any money. And they receive more than 2000 dollars or knocked off for government benefits to have to get on to get back on it. And wears a special needs trust allows that child to continue to receive government benefits and received the benefit. That inheritance that's the short version of. Aren't we have another or my brother's wife died no will. He has since made his will. He has three kids from first marriage. She had one. They have one child. All children over 25 is he required to include all in his will. And if he sells the home do they get money okay calm. Again it depends on win the house was purchased whose name it was in you know that was purchased before. The remarriage. Com. He the kids he doesn't have to leave any of the kids mounting because that doesn't have it pass it right he can only because they're all over point five. Him. He doesn't certainly doesn't have to leave anything to his spouse's second wife's child unless com. Within his estate there's some community property of hers. But. So that threw her property would go once the communities to bond as a separate your point. It he has no no duty or legal obligation. To leave anything to any of those children. Especially not the child of his. Of his spouse who he married you know separate. And before it in before we got to go to break in the second but when you do estate planning especially when you plan that town together that makes it a little you know this cars and our season. And often Estes disparities. Between the theory. It always a lot of interest in discussion on how you have to deal with these disparities there's a lot of different ways need equalization payment chief do insurance policies. But is always a difficult. Issue in a lot of times we started asking the questions about disparities. He sought to have them. The husband wife looked at each other and say I really didn't think about that now we're gonna deal with that right so. And that's it that's the importance of having a good attorney and sitting down with a mean being honest with them as to what Europe you wishes Nora your needs are. And that way they can help you if asked the right questions and answer the right questions. Once the one of few passes away all right let's go to break Texans are over Nico you we gamblers all things legal will be right back gift is free Thomas they were back Texans there Albert because he we can or resulting legal. You can also call settle off from a Nikko and since serie a final 4837. 13045048371304. And then you can check us out on FaceBook. Was streaming live on FaceBook so Obama. Of leftist next. It's as much dead left by autistic brother three million dollars and alls I. Parted was the rose bushes I definitely got the rose bush that's arraigned in reference all of us is not a member of the movie Rain Man but you know. Of them the Babbitt boys got their property. You know he's he got everything that Raymond got everything and Tom cruise's character you know got the cruise questions. You heard it. Well let's go to phone lines let's go to bill's got a question regarding how property hey billion on all things legal Texans are now over Nikko. Good morning. Object right you sure I'm the owner of rental property. And commercial residential and residential. And we and it 21 yearly. Where angry and I don't. Let out really good shape. I returned a security deposit. On the part that bothered however. We seem to be an odd owns. Me repaying. Which were chi Lorch. All in pretty. Well but basically. My issue is and mildly residential lease terms and conditions sign. I have an addendum to the residential lease. With with that heat and light conditions. It's. My issue is. That low property that we're York is not that it was during a fourteen years of ownership right. No or eleven years. It was a typical now seeing you always see who are comparable to an. Now what looked like weeds in a lot has been beaten down. Which I'm I'm not a quote attack. Sure but that might issues. Replaces it in Vatican is considered damages. Ought not sign and it is what he probably. Well I think you know. Most leases and the law realist as usual usual where interior is accepted to the questions going to be I'll have that answer the questions going to be. You know dogs when they when they go to the bathroom in the yard kills the graphs and so it it it kills the the saying progress and you give weeds and and we have tests involved as part of having number one does that number one does your number to help celebrate right. But again soon it it's one of those things that okay where you're the you know you're you have a pat on premise as you're aware of it. You've got to expect that this is gonna incur. The the other side to that corn would be your sides saying yeah I understand it's gonna occur but if it occurs. I want I want it replaced in in this condition when he took it over so what you need to do how much was the pet deposit. The that the pop it was total. Did you dispute that ought. Okay. All right so what you would need to do within thirty days of them delivering the keys to you. And moving out is sending certified letter with the with the itemized. Deductions as to how much you're going to deduct from the 700 dollars. For the repair of the backyard whether you're gonna have recited or whether you need to bring some soil in her. You know whatever or even just if you can spread CD player. To bring it back to the condition it was prize in the end you know you guys can come to work something out from there so I would sort of get an estimate for that. And then. You have to do is send them out. Certified leather within thirty days of they're moving out and returning the keys to you. Itemized in the deductions from the from the pet deposit and returning the difference. Yeah it is it is considered. You know we've been. Emailing each other back board and I gave up on what composed price range was a beat up and you are taking into consideration. I you know but we're gonna wanna point 32. Or street shaded area like in a note that I wouldn't dispute. I'm just sending a certified letter in the and let it let it go from there and see if he racks okay thanks for college scout two we got to go to a CBS update local news would back him off four minutes and all things lead they were back for less effort are all things legal votes are Albert Niko you'll weakened lawyers stay tuned for just force with Christian here at 10 o'clock and later today we got LSU baseball purse Tennessee I think. First pitches for clock pregame is street thirty. And not checks on FaceBook you know Wu will be answering them live and who we're questioned. And I got we got tech's last week's hand. When they were watching a stream live this that they they thought that we will lower we were Swiss beat two guys in business suits and given out advice. You know it's Sunday morning at nine there where business you come and go into wedding or we usually what you do as usually you get and from the night before around seven yeah right in and put on a hat again apple in the company Cong we go. So that's that's that's the General Motors column. Set. Are or we drop or you proper. As pullen out yet time s.'s are just go to authors got a question regarding wells pay off the on all things legal attacks turnover Nikko. Are penalized and America's. Problem no problem. And you're left everything and I can. I'm sorry I'll anyone that is hampered we. You have to will. And it's loud in the in the world you left everything to you. That ensures. You need to get this half they better be nice to you if he wants anything. So. Let me ask you how much was the Omaha how old was he when she passed away. You. How old whiskey that use on. Yeah. He's. He's got a lot so you better be nice two years in. But he. It's able. It was kind of disability. If but he. Actually eat. Okay well as it was it was when when your wife died palm was he. UK okay well then he's he's. Yes and he wouldn't be entitled to anything of hers the question is in good you have to leave him. His portion of yours because of his disability. Com and as up and you're gonna have to do is. It determined and any other Arab media. I'm probably the one on yeah. Now as far as your son is he on SSI or any type of government benefits do you. Okay which you may isn't SS DI errors and SSI. Because if he's on SSI you might have to do you may wanna consider doing a special needs trust because. If he inherited from you. He inherited from you he may lose his government benefits. Upon your death. So that something you may wanna look into is where you'd wanna give him the benefit of your state or half years say without him lose and a government benefits. Okay we'll ask appreciate it all right Greg. All right thanks for Collison goes to Bobby about contesting the will hey Bobby and all things new decks and turn armor Nikko. Moderate to high. It frequent target of Utah coal and are apparently about a month ago we have several properties in he has a whale. I had consistent won't have to weigh that in the cup in the world. It's state DM I feel that this is I am the executive. He can't and yet you and can cause. That liberals. Because there's been more news at half the way it was in the world. OK so that your mom your mom died before. Our mom I'd put it in the market and what happened to her state. There was that you have a will. Yeah and everything without my dad okay and everything was left to your dad and dad can leave the will to whomever he wants regardless of whether or not. He wants to cut out any of his grinch. While there are no assuming obviously that. It was a valid will and he had the capacity at the time that he excuse to do so well. Yeah yeah couple years ago after my. Youngest sister passed away. So and they both had children the other sisters. Yet they're okay right. You have it his his grandchildren would really have no right to. Two contested. Palace is the effect on well yeah that's my lungs the will is valid and yeah and you know he was he had the capacity to do so. I'm that would I'd like OK about it. You know one of the things about wills is. If a person makes a bad decisions about their will or something that is just saw off the wall. But they have the capacity to do it right. That's now logic in Dubai now leave Omar property to the church and leave nothing for my kids it is what it is it's their property as long as long as they were. They had the capacity to make that decision at that time and they didn't one under duress in the will always be invalid for. Fell form with the witnesses and notary so. But. A child's say my dad promised me throughout my life. I give me this or that and now he's given it to somewhere else he probably told me this several times he told me yet he told me you know up until two weeks ago I was gonna get this. And again I get that and then. I'll also get. And though he you know he's got dementia and he went to see so lawyer with my sister. And you know she got everything ought to that's that's that big context what I usually here. He told me I was gonna get the house on years and alma sisters get it if she dragged him over you know drag mama over to the lawyer. And you know on the base on the will everything's good ago. There you. Are those got a phone logs is that a times got a medical bill issue hey Tony in all things that he would decks and turn our Nikko. Are you not want to just look purposeful wall. Well first so the goal and I am and argue you know this could cost me anything they insurance. Well covered. Because I thought it would no way but anyway. Eleven months later and they'll. All over a hundred dollars and it's. Is every bit as is after eco pack his after you co pay and deductible. Well I guess it is that they itemize in the. Yes sir and you unit but by a by law and by contract with your with your medical provider. You've you've got to. Pay the deductible and Coca so you're not gonna cost you anything in terms of the the bulk of the medical treatment but if you went for eleven months you can bet that the treatment probably cost and granderson. So. I thought I'd go mark what about all. The only so this is that it cost me thank you know. We disputed Georgia woods insurance it's okay how did you remind him of that. Idea the last come out web image and about or want to landed now shift there see if they'll prevail while. Follow up you know he may not know was his billing departments doing your email on relayed the message to me mother called you know you might have spoken to him and he didn't you know. Heating get a chance to forgot to. To relay that message to billing department but I would I would. Sending the bill if you got an email address oranges emailing in a copy of it and say look when we spoke you said. You can write the software not just got a bill what's going on. All right Tony all right our thanks for the calls go to break secretary Robert Nico you weaken or is all things legal will be right back after this brief time out all right we're back ducks and Jerry Albert Nico you we can r.'s all things legal Albert's got a text you wanna trust Al lady text and we're talking about u.'s approach you guys used to brought over is apparently some rental property. And maybe it's not maybe it's the whole she was living and I don't know. But she wanted to know does she need to have the naked owners. Consent or signatures on a lease that she would excuse when they proposed Tenet. In the interest you can go ahead and leased that property. In in you know as long as it's not some kind of long term lease I think that would. Columbia now hold property for too long and they might consume more of an alien nation become of the commercial lease for thirty years who'd be revealed different. On again if you have you have a great view of in succession. Yeah let's go to Dan I think is I think is the damn we're thinking about hey Dan on all things lewd acts concern our Nikko. Yet promoting the idea no question about the Christians. What the process and what might it cost. But it took so it. Well there are gonna go talk calls on the air while sometimes it's like asking a contractor saying hi I want to build a house but on on those square footage. Now don't want you know so it's it's lord talk about cost but. Which you would do is basically first thought determine whether it will or not. On it there's a will wood to woo the process would be is you have the politician probate the will ask in the court to recognize the validity of the will. And at that point a determination we have to be made as to whether. The Leggett tees or airs in the will. Or going to get their items that are in the estate directly or you know palm. They gonna give tomb or whether the states cast be kept open under what they call administration. And assets have to be bought and sold bills have to be paid in the ass assets have to be liquidated prior to. Closing out these states there's two ways of doing it you can put under administration. Whereas the executive her car the legal representative of the estate. Would diminish the assets liquidate dash com the state and then pay out all the money or B if that involves property. And this to say just give the heirs to property you know if you have a house in the history air she let each there own 13 of it if that's with the we'll set or out the terms of why that's the way it would go without a will also is basically need a court proceeding. Asking the court to recognize either the terms and conditions of the will. Or be asking the court to say well there's no will so therefore we have to determine who's in line to inherit. Yeah that that's that's that's a three minute version of something that would probably take a whole semesters teaching. Though all right thank you dear for the call but can this go. 20 can be a law student at a loss to listen to take any and all things lead with ducks and turn our Nikko. Jacket and a brouhaha how are you man. It got start school. What would be. Good look at sports. What to bury the practice UC. Those need. In the coming years orbit the well so what's. The state planning. Because what I won his estate planning because you have the baby boomers common to age. Afterward and there and mariner 60s70s. And eighties right now. And sitting going to be a disproportionate. Or held the law that is going to be a disproportionate number of older people to the rest of society in the going to be experiencing a lot of the issues. Such is in their living longer receive gonna have issues regarding. End of life care you have issues regarding. You succession and he hit another dynamics team there is more cases. A financial exploitation of the elderly the nearest child a beast now. In a reason why is because our parents generation we're savers. And they say it. Our generation I'm saying our generation the 304050s. Where consumers. Still a lot of some of the children of these parents to head difficulties throughout their lives they might have had. Challenges. Right depleted their finances. When they see their parents at eighty in nine years old saving their money heaven and nice nest day. Some often think maybe this is the time for me to cash out. And with the ages when they get older they get into in the sort taking care of them start getting into their checkbook and then try to go from there. That's one of the issues Osce Albert what are you sit. The I think environmental law is expanding. I think that come. I think there's going to be a lot of issues with with disbarment it's discrimination rights. There are no more and more and more. Protected classes seem to be bye bye expansion of that. So there there's a lot to be done and that type of law and in just you even even with com. You know with with same sex marriages and things Salmonella on them a lot of family law you know his refund we get most of Verifone cause nick keep in mind. You know it's the general public that listens to this program we get a lot of will succession a lot of fairly low question because most people. At one point in their lives are going to experience that they may not experience the sale of what is news or something else so in. An ass and I and one other thing on the technical side a lot of licensing issues would intellectual property. You know computers you know those type of his orders user issues and something that's going to be a little more defined but. Probably from an administrative cost standpoint. EDU the economy's changing in this probably not a a lot of lawyers who were addressing these new future issues regarding. Intellectual property and that's on thing. How's Florida getting up. All. Good guys like that got us and we will do we mission over here and you pick him is you pick and is a pretty well over there. You know it is just like a premium but right now. Those few cross Spanish web sites or brought it back backers. Gotcha gotcha all right. Bet all right I can't expect it at all hard. Our analysts could offline that's gonna try to break that Terri ever Nico you weaken our resolve things Leo great to hear from Kenny will be right back here is free Tom out they were backed Jackson's hair over Nico you weekend lawyers all things legal. We have another tax. Which is sought an offshoot of prior tax it and I think it's it's. Aim taxi just wanted to clarify. And yet can you please one more or use frock. When I die can I leave her meaning his girlfriend. Use of rocked even though she is my girlfriend. Yes the answer is yes you can leave you surprise to anyone they don't have to be a member your family are married or anywhere you can give them use a front of your property. And you know again it's very important to do you will even though. You may be heavy children. Who you want to inherit because. You know there's there's several aspects of it you know us four she's a props concerned you can get independent administrator appointed as opposed in the exact order which would. That's sort of greased the wheels for the succession negated through quicker and without a lot a lot less expensive a lot of success unless it be like to finance yeah. You are our children's education exactly and he's just down. Do a handwritten will and just yeah just we all literally guys just be all over the place. I want to follow up another tax I wanna follow up on a previous question regarding wills my brother passed away. When my father passed as a way would my niece and nephew. Be entitled to his share if there is no well yes the answer is yes. What happens are going in test to see which means that the without a well section without a well. The children inherit. Equally. And Dan. In assuming that this is the last parent to guide the children inherit equally and if one of the children pre to ceases that the father or mother. Then that show that chiles children. Inherit by heads who have their two children. Those children of the deceased get half in the other chug its the other half. So there yeah there you go but yeah it's it's and again this is this is all come. You know pretty pretty standard stuff and that's what most people want to happen. But the world becoming more complex and families become more complex since the wills a good way to address an address that. All right well that'll be a wrap all things legal. So will be back next weekend. 8 o'clock.
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