Using the Louisiana Jones Act to Your Benefit
Author: Tim Young
It used to be the Merchant Marine Act which the United States Congress had enacted in the year 1920, which was then revised in the year 1970. Today, this same act is more commonly referred to as the Louisiana Jones act.
Offshore sea men and sea men who work within inland waters are covered by this act. Usually, there is some confusion between the Louisiana Jones act and worker’s compensation laws because they seem to be similar, but if you look at both laws thoroughly, you will find that they are actually two totally different laws.
The Jones act centers on providing remedies for injured sea men and those who work in inland waters. In the case whereby an injury leads to death, the sea man’s beneficiaries are automatically provided with compensation, awards, and other benefits.
Types of Vessels Covered by the Act
According to the Louisiana Jones act, ships or vessels include all forms of water going vessels, ships, and other floating and moving rigs. This may include, but is not limited to different research vessels, barges, fishing vessels, diving vessels, tankers, cargo ships, drill ships, amongst others.
With the help of a competent Louisiana Jones act lawyer, it is possible to find out whether the vessel in which the client works within is included in the Jones Act. The law also states that it is imperative that the owner of any vessel keeps their sea vessel well maintained at all times, to ensure that it is always ready for the sea.
In the event that the Louisiana Jones act lawyer finds out that their client was injured due to the negligence of the vessel owner, captain or other maritime workers in a legal trial; the client can claim compensation for medical expenses, pain, loss in wages, disfigurement, and any other emotional or physical issues which may have occurred due to their injury.
Contact a Lawyer as Soon as Possible
Though the Louisiana Jones act is basically a federal law, it is possible to have it heard at both the state level and federal level. This means that it is possible for a Jones Act claim to be heard in the Louisiana state court, wherein the trial proceeds along the lines of the Louisiana state court guidelines and procedures. It is up to the Louisiana Jones act lawyer to decide between following state or federal court procedures.
If you are a resident of the state of Louisiana who has become injured due to working at your maritime job, it is important that you contact a Jones Act lawyer as soon as possible. The reason for this urgency is that there are statutes of limitation for the Jones Act, which is usually for three years.
It’s extremely important that you choose the right Louisiana Jones act lawyer to represent you for your case. Usually, the initial consultation with the lawyer will be free of charge in Louisiana, but during this consultation, it’s best that you find out if you deserve Jones Act compensation, benefits or monetary awards, before you proceed with your case.
Article Source: http://www.articlesbase.com/personal-injury-articles/using-the-louisiana-jones-act-to-your-benefit-1552370.html
About the Author
Louisiana Jones Act attorney representing Jones Act cases in New Orleans, Louisiana. The Young Firm can provide you with a Louisiana Maritime attorney in cases of maritime and Jones Act injuries. Contact The Young Firm for injuries sustained while working aboard a sea vessel or offshore oil rig.
Tuesday, September 7, 2010
Estate Planning Law in Louisiana
Louisiana Estate Planning Under Napoleonic Code Is A Bit "Different"
Author: Andrew Stratton
Louisiana law provides that without a will, separate property is inherited in a unique inheritance order unlike that in most other states. That order is somewhat complicated, and its unusual provisions often come as an unwelcome, devastating surprise to the surviving family.
If one is married but has no will, ones line of inheritance in Louisiana is the same as that of a single person. That is: Actual usage (usufruct) of funds and property are given to the parents of the deceased; the deceased's siblings are granted naked ownership. If the deceased's parents die first, then the siblings inherit full ownership with usage rights.
Where's the wife or husband in all this? Out in the cold, without a will specifying his or her inheritance. Children are somewhat better protected in the event of no will - but a spouse inherits nothing at all beyond community property ... and "community property" is not defined in ways most people assume it is; many valuable assets may be "separate property," instead, and that spells danger for the surviving spouse.
By legal definition, separate property is that which is acquired prior to a marriage; acquired by inheritance or donation to one spouse individually; or acquired by one spouse with separate funds or with separate and community funds where the community funds are very small in comparison to the separate funds.
How does that legalese translate to a real-life situation? Well ...
Say two young married men start buying business property together. Their wives have no part in these acquisitions and each wife signs off as an "intervener" (that is, they declare and agree that the property is being purchased by their husbands with separate funds, and is not part of the marital property). Now, say that both men are killed in a tragic accident and, being young, healthy and robust, they've never thought to prepare wills.
This "separate property" is not part of community property - even though it was purchased after the marriage - and neither wife will inherit. If neither man has children, the inheritors will be the parents or the siblings of the deceased. If the men do have children, the children will inherit naked ownership, but not usage rights. In either event, the wives - the mothers of those children - do not inherit either naked or usufruct rights, absent a will stating anything to the contrary.
For another example, suppose you inherit a camp or farmland in Louisiana, and even though you were married twice, you never had children of your own. Your second wife had children with her first husband, but while you raised them and loved them as your own, you never did legally adopt those children. If you die before executing a will, the camp and farmland are separate property (because you inherited them individually, not as community property).
Your wife cannot inherit your separate property unless you leave it to her in a will and, in this instance, the children you've loved and raised as you own can't inherit, either, since they never were legally adopted. Absent a will stating otherwise, your parents, if living, inherit the separate property; if your parents are deceased, your siblings inherit.
Clearly, the peculiarities of Louisiana law necessitate anyone with property to leave take the time to file a properly drafted will with trust provisions to ascertain that his/her family is cared and provided for according to his/her wishes. As it relates to separate property in Louisiana, there is no protection for a spouse or significant other without a will - but a correctly drafted one will insure their protection in the event of your death.
Article Source: http://www.articlesbase.com/non-fiction-articles/louisiana-estate-planning-under-napoleonic-code-is-a-bit-different-200108.html
About the Author
Louisiana estate planning with a correctly drafted will insures your family's protection. With over 30 years of experience, the attorneys at Melcher's Law Firm use their knowledge and the client's circumstances to determine the type of trust or will to recommend. http://www.melcherslawfirm.com/.
Author: Andrew Stratton
Louisiana law provides that without a will, separate property is inherited in a unique inheritance order unlike that in most other states. That order is somewhat complicated, and its unusual provisions often come as an unwelcome, devastating surprise to the surviving family.
If one is married but has no will, ones line of inheritance in Louisiana is the same as that of a single person. That is: Actual usage (usufruct) of funds and property are given to the parents of the deceased; the deceased's siblings are granted naked ownership. If the deceased's parents die first, then the siblings inherit full ownership with usage rights.
Where's the wife or husband in all this? Out in the cold, without a will specifying his or her inheritance. Children are somewhat better protected in the event of no will - but a spouse inherits nothing at all beyond community property ... and "community property" is not defined in ways most people assume it is; many valuable assets may be "separate property," instead, and that spells danger for the surviving spouse.
By legal definition, separate property is that which is acquired prior to a marriage; acquired by inheritance or donation to one spouse individually; or acquired by one spouse with separate funds or with separate and community funds where the community funds are very small in comparison to the separate funds.
How does that legalese translate to a real-life situation? Well ...
Say two young married men start buying business property together. Their wives have no part in these acquisitions and each wife signs off as an "intervener" (that is, they declare and agree that the property is being purchased by their husbands with separate funds, and is not part of the marital property). Now, say that both men are killed in a tragic accident and, being young, healthy and robust, they've never thought to prepare wills.
This "separate property" is not part of community property - even though it was purchased after the marriage - and neither wife will inherit. If neither man has children, the inheritors will be the parents or the siblings of the deceased. If the men do have children, the children will inherit naked ownership, but not usage rights. In either event, the wives - the mothers of those children - do not inherit either naked or usufruct rights, absent a will stating anything to the contrary.
For another example, suppose you inherit a camp or farmland in Louisiana, and even though you were married twice, you never had children of your own. Your second wife had children with her first husband, but while you raised them and loved them as your own, you never did legally adopt those children. If you die before executing a will, the camp and farmland are separate property (because you inherited them individually, not as community property).
Your wife cannot inherit your separate property unless you leave it to her in a will and, in this instance, the children you've loved and raised as you own can't inherit, either, since they never were legally adopted. Absent a will stating otherwise, your parents, if living, inherit the separate property; if your parents are deceased, your siblings inherit.
Clearly, the peculiarities of Louisiana law necessitate anyone with property to leave take the time to file a properly drafted will with trust provisions to ascertain that his/her family is cared and provided for according to his/her wishes. As it relates to separate property in Louisiana, there is no protection for a spouse or significant other without a will - but a correctly drafted one will insure their protection in the event of your death.
Article Source: http://www.articlesbase.com/non-fiction-articles/louisiana-estate-planning-under-napoleonic-code-is-a-bit-different-200108.html
About the Author
Louisiana estate planning with a correctly drafted will insures your family's protection. With over 30 years of experience, the attorneys at Melcher's Law Firm use their knowledge and the client's circumstances to determine the type of trust or will to recommend. http://www.melcherslawfirm.com/.
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