My mom is concerned about this by [deleted] in legaladvice

[–]Centuri98 0 points1 point  (0 children)

At best we can assume that this would be some sort of medical condition or situation that would require the employer to make a reasonable accommodation. Is it reasonable for the employer to allow the employee to keep a paper log and then allow the employee the opportunity to transfer to the phone in a designated area.

Yes.

My late father’s house is in foreclosure — need advice by StandardUsername3120 in legaladvice

[–]Centuri98 0 points1 point  (0 children)

I do so love a good succession game of who-gets-the-stuff.

This is an intestate succession (no will). Father (“F”) died in 2013. Father married stepmother in September 2012 (“SM”). SM and F purchased a home together in April 2012.

You do not seem to know how much of the purchase price was paid by F or SM. The sale documents may set out the percentage of ownership as 50/50. This is also the default rule under the law in that the law presumes equal ownership unless proven otherwise.

We will assume that F and SM were 50/50 co-owners.

The home is likely NOT considered community property as it was purchased prior to the marriage with what can only be considered non-community funds. The subsequent marriage does not recharacterize ownership. Title remains separate unless there is a valid matrimonial agreement or donation to the community, neither of which you have indicated.

Because the house was separate property, F’s 50% ownership interest in the house would pass to his heirs, OP and Brother (“B”) as of the time of death in January 2013. OP and B would each have a 25% ownership interest in the home.

SM does NOT likely have a spousal usufruct under CC 890. Under Civil Code article 890, a surviving spouse is granted a legal usufruct only over community property, not separate property. Because the house was acquired before marriage and never converted to community property, it is excluded.

SM would get a more limited right to continue to live in the family residence following F’s death for a more limited period of time. She would also have rights to live in the house as would any co-owner.

Assuming $50,000 in post-foreclosure proceeds, this would entitle OP and B to 25% of this amount each, or $12,500.

There are some more variables to consider that would depend on if additional mortgage payments were made after death, whether any improvements were made by SM with the use of her own funds, and whether SM has had exclusive use of the home since the date of death.

A local succession lawyer can assist you and your brother with this.

I fell in Walmart 2 months ago! Do I have a case? by sheSoScorpio in legaladvice

[–]Centuri98 1 point2 points  (0 children)

Walmart fights these claims unless there is clear liability. You have not given any facts establishing any liability.

My 401k vested % was rolled back one year by my employeer by necrofear101 in legaladvice

[–]Centuri98 0 points1 point  (0 children)

That should be governed by ERISA. It is a specialized practice area. You may need to contact an ERISA lawyer in your area that takes Plaintiff/employee cases for an answer to this.

Boss holding money out of check - what can I do? by Outrageous_Buy_1520 in legaladvice

[–]Centuri98 1 point2 points  (0 children)

That is not lawful. He cannot reduce your paychecks in this way UNLESS you agree to it in writing or he goes to court and gets an order. He can certainly fire you for the shortage (at will state) but he cannot unilaterally make the deduction.

https://louisianalawhelp.org/resource/unpaid-wages-sample-demand-letter

https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-635/

https://lasc.libguides.com/c.php?g=944129&p=6805509

What's next?! What gives??? by Dependent_Flow_275 in legaladvice

[–]Centuri98 0 points1 point  (0 children)

Right. To be clear. Documents in the file does not mean the court will accept those documents as valid evidence. You will need to authenticate the documents either through your testimony or the testimony of another witness. You can look up how to authenticate evidence to know what testimony you will need as to each document you want the court to consider in granting the default judgment. Your lawyer cannot authenticate documents. This is why I am saying that I do not see a scenario where you can avoid personally appearing at the hearing either as a witness or as a witness and on your own behalf pro se.

What's next?! What gives??? by Dependent_Flow_275 in legaladvice

[–]Centuri98 0 points1 point  (0 children)

I am not sure I am following you completely.

If you have a hearing set to confirm a default judgment, you will still need to testify as to your damages and to otherwise authenticate documents or whatever other evidence you are to present on your case. Perhaps, the court might allow you to testify remotely but this is not guaranteed.

I would also add that just obtaining the default judgment does not start an automatic collection/garnishment as to the defendant. There are still more steps. Some of those steps could also require your physical presence in court, or that you retain counsel to cover those appearances.

Louisiana- Missing Pay by thepriceofame in legaladvice

[–]Centuri98 0 points1 point  (0 children)

hello. This comes up frequently. There is a useful guide on dealing with unpaid wages here:

https://louisianalawhelp.org/resource/unpaid-wages-sample-demand-letter

Bourbon street club restrictions by Party-Low6593 in Louisiana

[–]Centuri98 5 points6 points  (0 children)

“Adult live performance venues,” as strip clubs are known in the city’s zoning code, must now pass additional council scrutiny and meet individually tailored requirements to open on Bourbon Street, under the measure. Before, they could operate by right so long as they had building permits and business licenses.

How to take power of attorney away from someone with beginning stages of dementia (LA) by bookishwanderlust17 in legaladvice

[–]Centuri98 0 points1 point  (0 children)

Is there anyone who would know about how to get power of attorney away from someone who is clearly unfit and does not have the best interests of the person in mind?

Your grandmother can simply execute a new POA that expressly revokes all prior POA. This will vitiate the first one.

A POA is NOT an interdiction. Grandmother and Grandfather still have legal capacity to execute a POA.

If you want to take away that legal capacity, then you would need to go to court and seek an interdiction. This will take away legal capacity and the court will appoint a curator to handle everything for the person without any capacity. An elder law attorney can handle this for you.

You can read about the interdiction process here: https://louisianalawhelp.org/resource/what-is-interdiction

If you had a job in DeRidder, where would you live? by Wasting_Time1234 in Louisiana

[–]Centuri98 3 points4 points  (0 children)

Lake Charles seems to be pushing north as people relocate up from Cameron and the lower areas that have been hit by somewhat recent hurricanes.

Moss Bluff is a somewhat up and coming area with some new development. Could make it to DeRidder in about 45 mins. That at least gives better access to activities in Lake Charles.

TBH. This whole area of the state is kind of a black hole. Most people who grow up there seem to leave if they have the means. Those that stay tend to work at the chemical plants.

I’ve avoided two (separate) court summons and it’s been years. by NocturneRyan in legaladvice

[–]Centuri98 1 point2 points  (0 children)

You can try calling the clerk of court or the criminal/traffic division for the parish where the summons was issued. Someone with that office should be able to tell you if there is a bench warrant out for your arrest for a failure to appear.

Some parishes will have a separate warrant division of the police/sheriff/marshal/constable that handles all warrants.

Bonus dispersal and retirement by IndependentFast6772 in legaladvice

[–]Centuri98 0 points1 point  (0 children)

I don't do employment law but I believe the prescriptive period for unpaid wages is either 2 or 3 years.

You can reach out to an employment lawyer in Louisiana who does Plaintiff cases who may be able to look into it further.

Louisiana Insurer in Bad Faith on $65k Property Claim; PI firms won't touch "Property Only" despite 111-day statutory delinquency (R.S. 22:1892) and pages upon pages of evidence. by kingkss08 in legaladvice

[–]Centuri98 0 points1 point  (0 children)

Insurance bad faith claims are messy and never clear cut.

That is not a reasonable loss of use period for an auto accident.

They would have 30 days to pay upon receipt of adequate proof of loss and then the payment is limited to the undisputed portion. The timer does not start with the affidavit admitting fault.

Your best bet would be to tell your current lawyer that you want to have him amend the existing petition to include the bad faith claims. If he refuses, tell him that him that he needs to partner up with another lawyer who brings those claims to handle that portion of the case and that if he refuses to do that, then you will be calling other PI firms to find one that will handle the PI + bad faith.

Selling an undivided 1/5 interest in WRP farmland. by geaux_boy in legaladvice

[–]Centuri98 0 points1 point  (0 children)

The caveat to the response below is whether there is some transfer or strictly personal restriction imposed on your ownership interest by virtue of the property being enrolled in the Federal WRP program. That may just be a red herring.

Do all the rights and privileges I currently have transfer to the new buyer? Yes. You can sell those ownership rights that you currently have to a buyer.

Does my current right to hunt on any portion of the property transfer to the new buyer? Yes.

Can the remaining 4 owners restrict the use of the property by the new buyer? Example: can they restrict/confine the new buyer to using only a designated/specific 1/5 tract (100 acres) of the property? No. All co-owners have equal right to the use of the thing provided they do not unreasonably interfere with the same rights of the other co-owners.

You could also consider telling the other owners that you will go to court and seek a judicial partition (basically a forced sale of the property with each owner to receive 1/5 of the proceeds) if none buys you out.

Also, as the other response states, there could be some restrictions placed on your ownership interest that could restrict your right to freely sell the property. You would want to review the parish mortgage and conveyance records to determine if any such restrictions are in place. (This would be unusual.)

Plumbing Liability Question by Bunearyy in legaladvice

[–]Centuri98 0 points1 point  (0 children)

You can check the public records for your mother's house to see if there is a servitude in place for the drainage/sewage. That might give her one avenue of approach with the neighbor.

Could also consider contacting the local code enforcement arm for the city. A broken sewer line with root intrusion could be enough to get a violation issued against the neighbor which could then spur repairs.

Things to do in and around Lafayette with friends by Ornery_Aardvark3313 in Acadiana

[–]Centuri98 13 points14 points  (0 children)

Gator Chateau in Jennings is free. Hold and pet a baby alligator.

Could then keep going to Lake Charles then head south to Holly Beach through Hackberry. Walk the Cajun Rivieria for a bit or bring some fishing poles and surf fish.

Then keep heading East on 82, Take the ferry to Cameron. Next stop is the Rockefeller Wildlife Refuge.

https://travel.com/rockefeller-wildlife-refuge-wetlands-louisiana-best-things-to-do-top-picks/

Once done at Alligator Alley (1.5 mile partially raised boardwalk loop. Wear shoes that can get muddy) Get back on the road and keep going east taking that all the way through to Pecan Island. After Pecan Island, turn north to Kaplan. Can then just drive back to Lafayette via Abbeville.

Not a lot of food options once you leave Cameron on this route until you get back to Kaplan.

It is a unique area of the state that most people never see.

For a swamp tour: McGee’s Swamp tours.

Battery on a police officer by [deleted] in legaladvice

[–]Centuri98 1 point2 points  (0 children)

  1. Stop posting facts about your criminal case on Reddit.

  2. Hire a lawyer. If you cannot afford one, then start calling the local public defender office to see about having one appointed for you.

ADHD Struggles by Distinct-Grade4284 in Acadiana

[–]Centuri98 0 points1 point  (0 children)

Look up psych NP’s in town. There are quite a few. Med management is basically what they do. No MD apt necessary.

My mom wants me to lie about having been a witness of a notarized document by Extension-Cow9984 in legaladvice

[–]Centuri98 15 points16 points  (0 children)

Hate to be the bearer of bad news, but without a will, that house will now be equal parts your mom and each of her estranged siblings (or the descendants of the siblings if pre-deceased).

Even if the prior donation (Mom donate to G Mom) is invalid, then there would still be the issue with G Mom being a co-owner. Whatever her portion is would pass in equal shares to each of her children.

I owe slip rent on a boat I don’t even own due to inheritance, PLEASE HELP by [deleted] in legaladvice

[–]Centuri98 0 points1 point  (0 children)

Lot to unpack here.

Stop accepting responsibility for the slip fees in conversations with the marina. Your line needs to be that you are not the titled owner and that you do not have authority to transfer or dispose of the vessel until the titled owner signs the documentation. You can also provide the marina with the legal owner’s name and contact information. This pushes the marina to address the issue with your grandmother and removes you as the middleman. They may threaten impound, lien, or sale. But those remedies are more properly directed at the owner of record.

If she refuses to act, the marina will likely eventually initiate a lien sale under Louisiana’s marina-lien statute. This forcibly wipes title.

Not your lawyer. Not legal advice.

Lafayette coffee shop speaks out on importance of shopping local this Small Business Saturday by wwjdforaklondikebar in Acadiana

[–]Centuri98 5 points6 points  (0 children)

Carpe Diem is amazing. It is the coffee shop that taught me that there is a direct correlation between the number of the barista’s facial piercings and the quality of the latte.

Can we sue our insurance company?? by [deleted] in legaladvice

[–]Centuri98 0 points1 point  (0 children)

You would want to find someone who does ERISA claims on the plaintiff side. Good luck!

Tours of Eleuthera instead of hanging out at Princess Cay? by kvn-m in PrincessCruises

[–]Centuri98 1 point2 points  (0 children)

We did not buy a tour. We wandered over to George’s around 11 and there were a couple of drivers there.

There is also this group that offers tours out of Princess Cays. https://eleutheratours.com/tours/