Nicaud & Sunseri Law Firm, LLC
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Making The Complex Understandable

March 2017 Archives

Nursing homes can no longer hide behind arbitration clauses

Nursing homes are the wave of the future for elder care. Every credible research institution and government agency predicts a rapid expansion of elder care facilities, especially nursing homes, as Baby Boomers continue to retire. Unfortunately, for many residents, nursing homes are inscrutable institutions that use medical jargon and release of liability forms to avoid liability. But, the federal government took a big step and severely restricted one commonly abused method, arbitration clauses.

Knowledge can be a powerful tool during Louisiana divorce

Even during amicable circumstances, ending a marriage can be a trying time for any Louisiana resident. Therefore, individuals who are going through divorce may wish to understand how certain tactics could help them better navigate their proceedings. By playing an active role in the process, parties may feel more in control and comfortable with the decisions being made.

Take a spring cleaning approach to divorce finances

Preparing to bring a marriage to a close is a daunting prospect for many Louisiana residents. One way to make the divorce process easier to manage is by becoming fully informed on the financial aspects of the matter. For many spouses, approaching divorce as the ultimate spring cleaning project is a great way to frame the process, especially when it comes to the financial side of divorce.

Estate planning and IRAs

Individual Retirement Accounts are a fantastic way to let your money grow tax-free until you decide to retire. But they also offer some benefits for those who are drafting estate plans. Social Security benefits, 401(k)s and pensions are safeguarded from creditors during a bankruptcy, and IRAs are as well. This means that they won't be able to seize those assets should you declare bankruptcy.

Choosing an executor is an important area of elder law planning

It is common for the estate of a recently deceased individual to go through probate proceedings. Unless parties took extra steps to avoid the process, surviving family members will likely attend to the necessary duties associated with the legal proceedings. Often the appointed personal representative handles the majority of the actions that need to take place during this typically elder law process. 

Is it worth it to talk about a prenuptial agreement?

Prenuptial agreements are not a popular topic. Sitting down to discuss one takes a lot of courage; more even than most couples can muster. It's understandable. At face value, a prenuptial seems to make preparations for a divorce, at exactly the time you're making preparations for marriage. The two seem to be diametrically opposed, but there's actually a lot of good a prenup can do, even if you never get divorced.

Long-term care and Medicaid planning

Going into a nursing home or other long-term care facility is more than a loss of independence. The cost of staying in the facility can drain your estate, unless you take precautions. Many people end up paying privately for a facility until their money is gone. While paying privately may or may not result in a better facility, the reality is that your money will only last so long. Start planning now to stay in control of what happens to your estate.

Reviewing elder law plans could save Louisiana residents trouble

After creating an estate plan, some Louisiana residents may think that they have done their part and can leave the matter to rest. However, this line of thinking could be responsible for preventable issues in the future. Elder law plans often benefit from reviews and updates every few years, and by doing so, it may be able to keep errors from creating substantial problems. 

Poor choice worsens mother's child custody case

Few things are more upsetting than having one's right to parent be called into question. However, many Louisiana families will face serious child custody challenges each and every year. Some of these cases are clearly necessary to protect the safety of children, but others are not so easy to categorize. When family members cannot come to terms on who should raise a beloved child, tensions can quickly rise, and decisions can be made that come from a place of emotion and not reason.

Keep or sell? Addressing the family home during Louisiana divorce

When a couple are preparing to divide their assets due to the end of their marriage, there will likely be many items that need to be addressed. One of the biggest and most valuable assets that individuals must attend to during divorce proceedings may be the family home. Though determining how this piece of property should be addressed may seem difficult, one of two options may be the most feasible.

Are you keeping your estate plan updated?

All too often, people forget that they need to update their last will and estate plan with some regularity. Every time your personal situation changes, whether you divorce or you have another child, you need to consider updating and revising your estate plan and last will and testament.

Safeguarding your loved ones from abuse

The elderly are more susceptible to abuse than other members of society. Many are unable to care for themselves and rely on others to do even the most routine tasks. Others treat everyone with a trusting attitude and fall victim to scammers who play on their fears. As a family member or friend, the last thing you want is for your loved one to be abused physically or financially.

How to control the cost of a Louisiana divorce

Once a marriage has come to an end, many people in Louisiana feel as though they have been through an intense battle, and are weary and worn. Quite a few feel that they were completely unprepared for the cost of their divorce. This is an outcome that can be avoided by engaging in open and honest discussions with one's divorce attorney from the very outset of the process.

Family law: Johansson facing custody conflicts with soon-to-be ex

Divorcing with children can be difficult for anyone. Even celebrities are not spared from this area of family law as many well-known individuals face custody conflicts. Louisiana residents may be interested in a recent situation involving actress Scarlett Johansson and her estranged husband Romain Dauriac. The couple has been separated for several months, and Johansson recently filed for divorce.

Age Gracefully With Louisiana Estate Planning Attorneys

There are several legal services that Elder Law attorneys in Louisiana offer people to assure them of a comfortable life when they get old and cannot fend for themselves. There are high chances that you will become feeble and incapacitated in old age and such a time will not be the best for making critical decisions. Therefore, it is advisable to adopt estate planning early to arrange for the transfer of your assets after passing away. Everybody wishes to gather the maximum wealth possible for the intended heirs and to be in control while alive. Failure to make an arrangement often results in disagreements within the family especially when the individual is married with children and owns high-value assets. You don't have to be a high-class person to seek estate planning. It is a vital component of everyone's financial plan.

Power of attorney decisions important to elder law plans

Putting someone in charge of personal affairs can be a tricky decision to make. Many individuals may worry about someone having the ability to make the necessary choices when the time comes while others wonder whether a seemingly trusted party may attempt to take some sort of advantage. While these concerns are valid, Louisiana residents may wish to utilize certain elder law tools to ensure that their needs will be met. 

Breaking up: How to split your assets when unmarried

When you're unmarried and decide to split up from your partner, there are still decisions to make about the division of your assets. How do you decide who gets what? Are you protected by law? Here are some helpful things to consider about dividing your assets as a woman prepared to move out on your own.

Family law: Louisiana parents may want legal custody terms

Facing child custody issues can be hard for any parent. However, if Louisiana parents do not have a legally binding custody agreement in place, their issues may face additional complications. Therefore, individuals may wish to speak with experienced family law attorneys in order to get their terms in order. 

Finding the right time to discuss divorce with children

For many Louisiana parents in the process of divorcing, broaching the subject with their children is a primary area of concern. Parents understand that kids may have a hard time coming to terms with a shift in family structure. Determining the right way to initiate these conversations is a priority for virtually every parent who is preparing to divorce. Finding the proper timing is also important, and can impact how children respond and adjust to the news.

Understanding elder law terms could help Louisiana residents plan

Leaving important estate planning decisions up to chance can cause considerable issues in the future. However, many individuals may feel intimidated by elder law proceedings because much of the phrasing relating to planning can seem confusing. Though Louisiana residents may understand certain terms, they may feel less certain as to what counts as part of their estates and how certain tools could be utilized. 

How a Reliable Lawyer Can Prepare Estate Planning On Your Behalf

Estate Planning has become an essential aspect of asset distribution among relatives in the U.S. Not only does it avoid sibling conflict based on asset allocation, but also provides you with a piece of mind as you prepare for your final days. Death is inevitable and making final preparations for your family can be a daunting task. Nevertheless, you must approach such a subject with a cool head and inform your relatives of your last wishes. Having a written will can be an added advantage in the event you pass on through old age, sickness or even through a tragic accident.

What factors do Louisiana courts consider in child custody disputes?

Child custody is one of the most important issues couples work through in divorce, and it is an area where hard feelings can easily come into play. Parents typically want to ensure they have an ongoing relationship with their children after divorce, and may want to limit their children's exposure to the bad influence of their spouse, or they may simply not want to continue working with the spouse to raise the children.

When should I change my will?

Keeping your will up to date is of the utmost importance. Not only will it ensure that your wishes are carried out in the event of your death or incapacitation, but it will save your family from the grief of a probate battle. Whenever you have a significant life change, it can have ramifications for your end-of-life wishes, so you'll want to make sure that you change your will to reflect that.

Family law options may help with Louisiana custody proceedings

Facing marital difficulties in the home can be stressful. In many cases, the strain may result in individuals choosing to file for divorce. If children are involved, this area of family law could become more complex. Louisiana parents will undoubtedly want to ensure that their children do not face any serious negative repercussions during the proceedings. 

Where to file for divorce

Opting for divorce is a hard decision for many, to begin with. The legal proceedings that follow may turn into a lengthy and complex process. You may be as unaware of the legal procedures as the person next door and have many questions regarding the legalities of a divorce procedure. Amongst such questions is determining where to file for divorce.

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