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Areas of Practice.

Trapolin Law Firm / Areas of Practice

When you think you need a lawyer, call us.

Brief us on the issue so we can determine how we can be of assistance. If your case is within our areas of expertise, we’ll take you on as a client. If not, we’ll direct you to another firm or office that can assist you. Here is a description of our areas of practice.

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The first step in writing a will is to determine who you wish to inherit your property when you die.  It may not be as simple as seems.  Perhaps you only own one-half of your real estate holdings because your spouse owns the other half. Things like your IRA and your life insurance policies are not governed by the terms of your will.  Sometimes, debt can affect what you do with your property. We will begin with your desires and help you translate them into a succession plan that will accomplish them. In the State of Louisiana, filing for succession is a legal process that is handled through the civil court system. A judge oversees the process and makes final judgment on the case. Successors have an immediate right to possession after this process is complete.

When a loved one dies, our advice is to take care of the dead, take care of the living, and only then, take care of business. We believe that rushing to open a succession while still grieving is a mistake.

Once you are ready to proceed, we will need a few basic documents, including a death certificate, bank and brokerage statements as of the date of death, property records, and records of the decedent’s outstanding debts, if any.

If there is a will, our first task will be to get the Louisiana courts to accept the will as valid. Then, if the will names a person as executor or administrator of the succession, we petition the court to allow that person to conduct business on the part of the succession. During the administration of the estate, the succession is manager of the property, and the IRS will issue it a unique tax ID number, which will allow it to open a succession bank account permitting the executor or administrator to pay bills for the estate.

Once the value of the assets has been determined, we can ask the court to put the heirs in possession of the items left to them.

Sometimes real estate has to be sold from the succession to distribute cash to the heirs.

Sometimes there are complications, like debts that have to be negotiated or titles to properties that have to be cleared. These things mark the difference between a succession that is simple and inexpensive and one that is more complex and time-consuming. Saving your heirs expense is also part of why you want to write a clear will.

The final document in a succession is a Judgment of Possession. Once this document is issued by the court and the executor or administrator is discharged, the succession is closed.

Medical malpractice is a failure by a health care practitioner to follow the professionally established standard of care in treating a patient with the result that the patient suffers injury. There are rules doctors must follow in order to provide acceptable care, and a medical malpractice claim arises when it appears your provider has broken those rules.  In Louisiana, there is a $500,000 cap, plus future medical expenses, on medical malpractice damages.

When considering a medical malpractice claim, the first step is always to obtain your medical records. We will ask you to sign a medical release form to use when contacting your doctors. Your medical records will help us determine whether or not there is a reasonable basis for your claim for damages.

Before filing a lawsuit for medical malpractice, your claim must be reviewed by a medical review panel of three doctors, who render their opinion as to whether there is a basis for such a claim. This panel review can take up to a year before the suit can go forward.

In every medical malpractice case, the injured party must have a doctor in the same medical field as the defendant to establish that there was a beach of the standard of care and that the breach was the cause in fact of the injuries.

Any business arrangement should be clear, unambiguous, committed to writing and signed by all parties. This is especially true of business arrangements between friends. A clear contract can save a friendship from devolving into a bitter feud. This is true of co-ownership of a vacation property, joint operation of a catering company, or a loan by one friend to his buddy’s theater troupe.

To create a suitable contract, we need to talk to the parties to understand what you’re trying to accomplish. We can then counsel you on the best type of arrangement you should make amongst the parties to achieve what you’re trying to do.

Personal Contracts

Adults who live together, or who own a home together, sometimes face hurdles in Louisiana, a state which recognizes community property rights solely between a man and a woman who are married. Personal contracts can create the rough equivalent of a civil union between unmarried people who want to make sure that their property rights, their parental rights, and their right to speak on behalf of a loved in case of illness are protected.

The Trapolin Law Firm is known in New Orleans and Southeast Louisiana for our in-depth knowledge of New Orleans zoning and Louisiana Real Estate law.
The Trapolin Law Firm is experienced in handling legal malpractice cases and is often referred within the legal community.
The Trapolin Law Firm has vast experience in representing victims of auto accidents in Louisiana.

Contact Us

Trapolin Law Firm
4603 S. Carrollton Ave.
New Orleans, LA. 70119

Phone (504) 525-0447
Fax (800) 875-2030

General contact e-mail: info@trapolinlawfirm.com

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