CIVIL CASES / FAMILY LAW
SUCCESSIONS
Successions are, simply put, the process by which property passes down from the deceased person to the heirs. Whether or not the deceased person had a will, we can help make this process as smooth as possible during such a difficult time. It is important to open succession and proceed as soon as possible after the death of a loved one. The more time that passes, the more complicated it can become. We can assist in handling succession matters, whether large or small, contested or uncontested.
WILLS & ESTATES / END OF LIFE PLANNING
Every adult should have three documents executed:
1. Will
2. Power of Attorney
3. Medical Power of Attorney
Your Last Will and Testament outlines who you want your property to go to in the event that you die. Many people are surprised to learn that a spouse is not the 1st in line to inherit in Louisiana in the event that a person dies intestate (without a will). The laws of intestacy are different in every state, and everyone should seek legal counsel and make sure that your property is going where you assume it is going if you die. Simple wills are inexpensive, and can eliminate a lot of questions, and potential litigation in the event of death.
Your Power of Attorney designates who has authority over your affairs in the event that you are unable to handle them, either due to incapacity or absence, or if you just need or want someone else to assist in your affairs. Powers of Attorney are useful in many situations, but are probably most commonly used when a person becomes unable to handle their own affairs due to health concerns. It is important to have a Power of Attorney in place at all times, even if you don’t give it to the agent, because it cannot be executed by a person who does not have the mental capacity to sign documents. For example, if you get in an accident and you are incapacitated for an amount of time, your designated agent could handle your affairs, do your banking, pay your bills, etc. But if you don’t have one, the only other option to vest that authority in another person AFTER they are incapacitated is to have them interdicted, as discussed below. I
1. Will
2. Power of Attorney
3. Medical Power of Attorney
Your Last Will and Testament outlines who you want your property to go to in the event that you die. Many people are surprised to learn that a spouse is not the 1st in line to inherit in Louisiana in the event that a person dies intestate (without a will). The laws of intestacy are different in every state, and everyone should seek legal counsel and make sure that your property is going where you assume it is going if you die. Simple wills are inexpensive, and can eliminate a lot of questions, and potential litigation in the event of death.
Your Power of Attorney designates who has authority over your affairs in the event that you are unable to handle them, either due to incapacity or absence, or if you just need or want someone else to assist in your affairs. Powers of Attorney are useful in many situations, but are probably most commonly used when a person becomes unable to handle their own affairs due to health concerns. It is important to have a Power of Attorney in place at all times, even if you don’t give it to the agent, because it cannot be executed by a person who does not have the mental capacity to sign documents. For example, if you get in an accident and you are incapacitated for an amount of time, your designated agent could handle your affairs, do your banking, pay your bills, etc. But if you don’t have one, the only other option to vest that authority in another person AFTER they are incapacitated is to have them interdicted, as discussed below. I
INTERDICTIONS
The process of Interdiction is where family members or friends petition the court to ask for certain persons to be named as Curators over the Interdict, meaning those persons have the authority to manage the affairs of the interdicted person. There are different levels of Interdiction. Sometimes different people are appointed for different roles in managing the affairs of the interdict. Sometimes there are experts appointed by the courts to evaluate the person, or manage medical or financial matters for the interdict. This process can be costly, and is often contested. We have significant experience in representing clients seeking an Interdiction of a family member, and we understand the process can be a very emotional experience for all involves, including the Interdict. We offer assertive yet compassionate representation to our clients.
DIVORCE
Our firm has handled hundreds of family law cases as outlined below. We handle both contested and uncontested divorces, and all of the matters that come with getting a divorce. If you are contemplating a divorce from your spouse, it would be wise to speak to a lawyer before you take any action in furtherance of your decision, including physically separating from your spouse.
In Louisiana, spouses must live separate and apart for 180 days prior to obtaining a final divorce, and 365 days if there are minor children of the marriage, whether biological or adopted. It is important to have an attorney who has significant experience in family law, as it often changes, more so than other types of law. Some courts have designated family judgeships, and others assign their family cases by random allotment to all judges. It is important to have a lawyer that is credible in the eyes of the court, and who has experience with the judges in your jurisdiction, as there are so many discretionary calls the judge has the authority to make when it comes to custody, children, and a lot of other things, as discussed below.
In Louisiana, spouses must live separate and apart for 180 days prior to obtaining a final divorce, and 365 days if there are minor children of the marriage, whether biological or adopted. It is important to have an attorney who has significant experience in family law, as it often changes, more so than other types of law. Some courts have designated family judgeships, and others assign their family cases by random allotment to all judges. It is important to have a lawyer that is credible in the eyes of the court, and who has experience with the judges in your jurisdiction, as there are so many discretionary calls the judge has the authority to make when it comes to custody, children, and a lot of other things, as discussed below.
CUSTODY / CHILD SUPPORT
Custody arrangements can vary, and are ultimately decided in accordance with the best interest of the child. Continuing contact with both parents is preferred unless there are extenuating circumstances. Our firm has handled countless custody matters and we work hard to help families come to a voluntary resolution regarding their children. Court battles should always be a last resort. They are costly, and put a large amount of stress on both parents, and often on the child as well. We work hard for our clients to try to come to an amicable resolution in our custody cases, but we will fight for you if it comes to that point, which unfortunately is the case quite often.
Child support is based on the gross income of each parent, and their respective percentage of the combined gross income of the two. Child support is fairly simply to calculate when both parents are W-2 employees, but can get complicated when one or both parents are self employed. Often times self-employed people pay personal expenses through their businesses, or take in cash that isn’t reported on tax returns or seen on bank statements. These cases can be challenging, but there are ways to prove this “invisible” income by examining the spending habits and lifestyle of the self-employed person. Sometimes experts are retained to assist in this process. Call us for a consultation and a cursory review of your case.
Child support is based on the gross income of each parent, and their respective percentage of the combined gross income of the two. Child support is fairly simply to calculate when both parents are W-2 employees, but can get complicated when one or both parents are self employed. Often times self-employed people pay personal expenses through their businesses, or take in cash that isn’t reported on tax returns or seen on bank statements. These cases can be challenging, but there are ways to prove this “invisible” income by examining the spending habits and lifestyle of the self-employed person. Sometimes experts are retained to assist in this process. Call us for a consultation and a cursory review of your case.
SPOUSAL SUPPORT
Spousal support is based off of the income, need, and ability to pay of the respective spouses. There are two types of spousal support in Louisiana, interim and final. Interim spousal support is based on the “style of the marriage” and is intended to keep both parties as close to the lifestyle they were living while married, as is feasible. Final spousal support The net income is used in the calculation, as opposed to child support calculations where the gross income is considered. The expenses for both parties are examined, and an award for interim is in place for 6 months post-divorce. Final support awards vary in length of time depending on several factors including duration of marriage. Final support is need-based. Any support award can be modified based on changes in circumstance or remarriage.
COMMUNITY PROPERTY
Louisiana community property law is unique in many ways. It is important that you understand the ramifications and the effects of marriage and divorce as it relates to property. Property is either community or separate. Some couples execute a pre-nuptial agreement, where there is no community property regime. In absence of that, any assets or debts acquired during the marriage are presumed to be community, with some exceptions, of course. There are reimbursement claims you may be automatic ally entitled to receive (or liable for) if community funds were used to pay separate debt, and vice versa.
We counsel clients prior to marriage, in anticipation of divorce, and through the process of division of assets pursuant to a divorce. Intricate knowledge of community property laws is essential when dealing with divorces, successions, and estate planning. Schedule a consult today to discuss any property questions you might have. Our firm has handled countless community property cases, and will fight for you to protect your assets and assure that you receive what you are entitled to in a community property division.
We counsel clients prior to marriage, in anticipation of divorce, and through the process of division of assets pursuant to a divorce. Intricate knowledge of community property laws is essential when dealing with divorces, successions, and estate planning. Schedule a consult today to discuss any property questions you might have. Our firm has handled countless community property cases, and will fight for you to protect your assets and assure that you receive what you are entitled to in a community property division.
INTRAFAMILY ADOPTION
Intrafamily Adoption is where existing family members related by blood or marriage adopt a child whom they have been caring for in their home. Intrafamily adoptions can be contested or uncontested. If you or a family member needs legal counsel regarding Intrafamily Adoption we can help guide you through this process.
GRANDPARENT VISITATION
Grandparents are playing a larger and larger role in children’s lives in today’s world. In Louisiana, grandparents and siblings of a biological parent may be granted custody or visitation rights of a child for whom they have been caring. Considering the best interest of the child, certain family members can be granted visitation over the objection of the other parent, in some cases.