Nicaud & Sunseri Law Firm, LLC
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Making The Complex Understandable

February 2017 Archives

Elder law decisions often made with family in mind

While working to create estate plans, there are many decisions that individuals will need to make. Elder law can be a particularly sensitive area when it comes to decision making because many individuals likely do not want to inadvertently upset any of their family members. However, if parties examine their needs and wants closely, they may be better able to make their plans work for them.

Louisiana woman arrested in elder abuse case

When we choose to put our loved ones in an assisted living situation, it's usually with no small amount of trepidation. After all, the loved one is usually a parent who's cared for you for their entire lives. You've seen them go from lively, independent people to someone who needs more care than you can give them. A nursing home can be a great solution, and many elderly loved ones find the medical care and stimulation they need to feel fulfilled in their twilight years.

The benefits of cooperation: Why collaborative divorce can work

Have you decided to divorce, yet feel overwhelmed by the prospect of a contentious, difficult court battle? Fighting it out in court is not your only option. A collaborative divorce offers you the opportunity to work through issues amicably, maintaining control over how certain issues are resolved.

Louisiana residents may find prenups a useful divorce safeguard

When individuals have already ended a marriage and are considering entering another, they may consider themselves wiser when it comes to how they approach their relationships. Because going through divorce can act as a great teacher, parties may now see the importance of documents such as a prenuptial agreement. As a result, Louisiana residents moving forward with a second or subsequent marriage may wish to consider an agreement of their own.

No estate plan could be major elder law mistake in Louisiana

An estate plan can prove vastly beneficial. Because there are many aspects to estate planning, however, there is a chance for mistakes to be made. Luckily, with the proper elder law information, Louisiana may be less likely to have errors in their documents and gain a greater peace of mind when it comes to their end-of-life wishes.

Custody, parental rights at forefront of family law case

Louisiana residents may be interested in a situation taking place in another state involving the custody of a 3-year-old girl. The family law case is underway due to the girl's biological father seeking custody after his recent release from jail. Apparently, the girl's mother had lost custody of the child due to drug issues, and a family began fostering her when she was 3 weeks old. 

Estate planning documents may help with elder law decisions

Some Louisiana residents may think that estate planning involves creating a will and little else. However, this can involve numerous decisions and various legal documents. Therefore, rather than simply carrying out the basic actions for an estate plan, individuals may wish to find out more information concerning elder law issues and determine whether any further actions could fit their needs. 

Are there any limitations when drafting a will?

Many people take the time to sit down and draft a will. There are several benefits of having a will, but people often choose to draft one because it gives them the peace of mind that their loved ones are taken care of once they are gone. Should you wish to start planning your will, now or in the future, it is important to know the laws regarding this legal document and some of its limitations.

Which spouse can receive alimony?

Money can be a huge issue between spouses when they are going through a divorce. One spouse may feel as though they deserve alimony, while the other may feel as though they deserve nothing. It is not uncommon for spouses to disagree about who should receive alimony, but depending on the circumstances, there is a good chance that the requesting spouse will get what they want.

What factors are used to determine the amount of alimony?

Spousal support, which is also known as alimony, is seen as something temporary, but helpful to the spouse it is awarded to when a couple is divorced. Although some may not agree with their spouse's decision to request alimony, it is often the courts who have the final say in the matter. Like many of the divorce legal issues that the courts must resolve for couples, there are things that must be examined before a ruling can be made on this specific matter.

Addressing power of attorney is an important part of elder law

Children usually have someone who will automatically be there to take care of them when they become sick. However, as people grow older, that certainty is no longer there. Therefore, rather than run the risk of having a court appoint a caretaker in the event of incapacitation, it makes good sense for many adults to take steps to make their elder law plans. 

Proactive approach: Protect finances during Louisiana divorce

Having to divide any type of asset could cause strife among individuals. When it comes to property division or alimony and child support during divorce, individuals may be even more on edge as they hope to ensure that their soon-to-be ex does not get certain items, or as they hope to gain the support desired. In addition to such hopes, Louisiana residents will also likely want to work in a manner that allows them to remain financially afloat after the proceedings. 

Splitting the home may be concern in Louisiana family law cases

Divorce proceedings can lead to different outcomes depending on the agreements made. Each aspect of the process can come with a myriad of decisions to consider, and one area of family law that divorcing Louisiana residents will likely want to give great consideration is property division. Specifically, determining what to do with the home the couple previously shared may be a priority.

Discussing probate may lessen elder law fears in Louisiana

When deciding what to do with an estate, many Louisiana residents may wonder whether they should plan in hopes of having their family avoid probate. Though some individuals may prefer this option, avoiding probate proceedings is not a necessity, and the process may not be as intimidating as many parties fear. However, individuals may wish to discuss their options with an elder law attorney.

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