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Zachary Louisiana Legal Blog

The potential problems with probate by pickup truck

When a loved one dies, there is a whole list of things that usually have to be done to close out his or her estate in Louisiana. The problem is not everyone ends up doing everything on the list, either because they are unaware or feel it's unnecessary. Instead, they go pack up and move their loved one's things and call it a day. This is called probate by pickup truck.

2 recently arrested for allegedly driving while intoxicated

Driving after consuming impairing substances is never recommended and can result in one being arrested if caught by police. Recently, law enforcement officers in Louisiana arrested two individuals for allegedly driving while intoxicated. If either ends up being convicted, the consequences may be significant.

According to reports, over the last week, authorities arrested at least two individuals for DWI. One -- a 38-year-old male -- was charged with reckless operation, first-offense DWI, license plate and insurance violations, failure to control his vehicle and misrepresentation during the booking process. This individual was booked into East Baton Rouge Parish prison. It is unclear if he has been released or when his case will be heard in court.

Injured in a car accident caused by a friend or family member?

You were out riding around Zachary or elsewhere in Louisiana with a friend or family member behind the wheel when it happened. You were in a car accident and it was his or her fault. You were hurt and needed medical attention. This event has cost you a lot physically, emotionally and mentally, but you don't know what you can do to seek relief because you are afraid of damaging your relationship. You don't want to file a lawsuit against your loved one, so what can you do?

What people need to understand about filing personal injury claims is, they are not usually filed directly against a specific person. They are primarily directed against the responsible party's insurance provider. So there really shouldn't be a fear of ruining a relationship with a friend or family member because it usually isn't them that would pay any monetary judgment awarded.

Common family law mistakes may have long-term repercussions

The process of ending a marriage can understandably be confusing for those who have never been through it before. Sadly, a single divorce mistake can have major consequences in the long term. For this reason, it is essential that those navigating the family law process avoid a couple of commonly made mistakes in Louisiana.

First, it is imperative that people who are getting divorced avoid comparing themselves with others. For instance, they may be tempted to research what other people have done in their particular situations and follow suit. However, no two divorce situations are alike. Thus, researching what other people have done may give a divorcing individual a skewed idea of how his or her issue will proceed, which can lead to unrealistic expectations.

Crash costs add up in Louisiana

If you're involved in a car crash, then one of the main questions you may have is, "Who is going to pay for the damages?" Auto crashes cost Americans thousands of dollars each year, and it is important that the person who is responsible is held liable.

The Centers for Disease Control and Prevention reported the total cost of motor vehicle crash deaths in Louisiana in 2018 as part of its 2020 data release. According to the CDC, the cost of medical care in those cases is around $7 million in the state. Another $1.25 billion of work losses also accrue as a result of fatal crashes.

2 young men recently arrested on numerous charges

Police in Louisiana recently took to young men into custody for their alleged involvement in a burglary. Both individuals are now facing numerous charges, all of which are serious and carry significant penalties should they be convicted. The accused may help themselves and their cases by seeking assistance from an experienced criminal defense attorney as soon as possible.

According to reports, on the morning of Sept. 22, police were called about a burglary in progress on Meadow Brook Ave. in Baton Rouge. As they arrived at the scene, a vehicle was leaving the area. As this automobile matched the description of the getaway car involved in the crime, a traffic stop was attempted. The driver failed to comply immediately, but he eventually did stop, and both he and his passenger were arrested.

3 things people mistakenly believe about estate planning

Putting an estate plan together doesn't have to be difficult to do, but it does require some thought and care. Estate planning is about making sure one is properly protected in the event of incapacitation, and ensuring wishes are known and assets are passed on to the appropriate parties upon one's death. Unfortunately, there are a lot of things people in Louisiana and elsewhere believe about estate planning that keep them from getting it done or creating plans that are in line with what they really want.

A recently published article discussed the most common estate planning myths that far too many people believe. The first is: everything must be passed on to one's children. It is okay if beneficiaries are not one's children. They can be friends, other family members or charitable organizations -- among other things. Children may not be happy if they are left out of the will, but at the end of the day, it is not about what they want.

Car crash claims 2 lives, leaves 2 injured

Police officers in Louisiana were recently called to the scene of an automobile collision that occurred in the early morning hours of Sept. 10. According to reports, both drivers died in the car crash, and two passengers survived the incident but were left with injuries. Under the right circumstances, the surviving victims and the family members of at least one of the deceased may be entitled to seek compensation for their losses through legal means.

This accident occurred on La. 67, just after midnight. A 16-year-old male was traveling in the northbound lane when he moved to the southbound lane in an attempt to pass the vehicle in front of him. Shortly after entering the southbound lane, he struck a vehicle head-on. As previously stated, both he and the other driver -- a 34-year-old male -- died at the scene of the crash. Two passengers, whose identities were not released, were taken to an area hospital with unspecified injuries.

Don't leave retirement assets on the table when getting a divorce

Dividing property when ending a marriage can be a difficult thing to do. Wanting to walk away with the best divorce settlement terms possible is the goal; yet, many couples in Louisiana and elsewhere are not achieving that goal. Why? They are leaving retirement assets on the table.

According to a recently published article, few people are taking the steps necessary to claim a portion of their former spouse's retirement funds. Any money contributed to retirement accounts during a marriage is fair game, but some mistakenly believe it is considered separate property. Others who know they have the right to it do not want to pay the fees necessary to split the account, or they have their requests rejected.

Establishing paternity: 2 commonly asked questions

When you have a child and aren't married, the first thing that you should note is that you won't automatically be assumed to be the father. It's important for you to establish paternity for several reasons, but the most important is that you will secure your rights as a parent.

Proving paternity guarantees that you have the right to visitation and custody of your child, barring any unique circumstances. It also does a few things for your child, such as allowing them to access your medical history and providing them with the right to child support, death benefits and other forms of benefits you may receive.

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