Do I Need A Notary If I'm Buying A Car From Another State?

Yes.  We have seen this question arise more frequently with the increase of interstate internet car sales from sites such as Craigslist or eBay.  Some states are not “notary states”, and they do not require that their car titles or bills of sale be notarized.  Private sellers, and even professional dealers, from these states will insist to their buyers that the paperwork does not require notarization.

However, Louisiana is a notary state.  If you are planning to register a vehicle purchased from another state in Louisiana, Louisiana will require a valid, notarized bill of sale.  Furthermore, additional fees may be incurred if the paperwork is notarized in Louisiana, instead of in the state where the vehicle is titled.

To avoid complications in any out-of-state car sales between private persons, two good rules of thumb are 1) Always have your title and a bill of sale notarized at the time of the sale, and 2) Procure a copy of the seller’s ID.

 

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Recent Change to Louisiana Vehicle Registration

According to Louisiana’s Dept. of Motor Vehicles, in order to register a vehicle within the state, “All files with a date of sale on or after August 1, 2012, must include a copy of the vehicle owner's current and valid photo identification. The photo identification provided should be a driver's license or identification card issued by this state, another state, or by the United States military.”

This recent change excludes foreign passports, international driver’s licenses, school ID’s, non-government work ID’s, and expired licenses, all of which were previously accepted. For more info, visit DMV's website at:  http://1.usa.gov/Nays6H

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Free Document Locator Form

Here is an interesting article that we came across, which details how insurance companies are sitting on millions of dollars in unclaimed benefits, because no one filed a claim after the policyholder passed away.

Is your family aware of any insurance policies that you have?  Would they be able to access your important papers in the event of your death? Click here to download a free Document Locator form from our website, and keep all of your important information consolidated and easily accessible. It's a simple task that could prevent a lot of hassle for grieving loved ones.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Is Rent Received From A Rent House Considered Community Property?

We frequently encounter this question during consultations for couples seeking prenuptial agreements.  If one party owns property that he is renting out to someone else, and for which he receives a monthly rental payment, will those payments be considered community property, or the property owner's separate property after marriage?

The answer is, the payments are considered the community property of the spouses.  Even if the rental property itself was acquired before marriage, and is therefore separate property, the rental payments are considered fruits of the rental property.  Louisiana law states that the fruits of separate property are classified as community property.

However, if a party wishes to reserve the rental payments as his separate property, he may do so by making a written declaration to that effect.  The declaration must be in the form of a notarized, authentic act.  The property owner must provide a copy of the declaration to his spouse prior to filing, and the declaration must be filed in the conveyance records of the parish where the property is located.  Such a declaration may also be incorporated into a prenuptial agreement.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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How Can Someone In Prison Get A Document Notarized?

In Louisiana, any person whose signature is notarized must appear in person before the notary.  Since an incarcerated person cannot visit a notary’s office, a family member or friend must employ the services of a mobile notary in order to visit the incarceration facility.

Prisons have specific visiting hours, and all visits must be approved beforehand by prison officials.  There are also specific procedures unique to each facility that the notary must follow before being granted permission to visit a prisoner.

If you need a notary to visit someone in prison to notarize a document, it is a good idea to have that person also sign a Power of Attorney form during the visit.  A Power of Attorney allows the incarcerated person to authorize someone on the outside to sign documents and act in certain matters on his behalf for the duration of his incarceration.  This can provide great peace of mind for family members, and can eliminate delay in matters requiring the incarcerated person's attention. Once the person is released from prison, the Power of Attorney can be revoked.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Do I Need an Affidavit of Residency or Legal Custody for School?

As the new school year approaches for East Baton Rouge Parish, it's time to start thinking about what you may need for the registration of your child, or a child living in your home.

In EBRP, if the parent and the child live together in someone else's home, the parent will need a notarized Affidavit of Residency form.  This form can be downloaded from our website here.  The cost to notarize the form in our office is $10.

If the child lives with someone other than the parent, the person with whom the child resides will need Legal Custody of the child in order to register the child at a school in the homeowner's school district.  Obtaining legal custody requires a court process, which is also a service provided by The Bluest Ink.

The informational page regarding residency requirements from the EBR Schools website can be found here.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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What is the Procedure for a Name Change in Louisiana?

In Louisiana, if a person desires to change his name, he must petition the court in the parish in which he resides, stating the reasons why he desires to change his name.

In order to change a child’s name, the parents must petition the court on the child’s behalf.  Both parents must sign the petition unless one parent has been judicially granted custody of the child, and the other parent has failed to support or communicate with the child for an extended period of time.

The district attorney’s office is responsible for reviewing all requests for name changes, and granting or denying the requests.  The D.A. researches to determine whether the name change is requested for any improper purpose, such as a criminal attempting to elude law enforcement.  If the D.A. has no objection to the name change, he submits an answer to the petition stating as much.  A judgment that effectively changes the name can be signed by the judge thereafter.

Once a judgment is received, the petitioner must take the judgment to the appropriate agencies in order to have identification documents, such as social security cards and driver’s licenses, reissued in the new name.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Can I Adopt My Grandchild?

In  Louisiana, an intrafamily adoption is the adoption process by which a family member adopts a minor child who is related to him/her by blood, adoption or marriage.  A grandparent can utilize this process in order to adopt his grandchild.

Ideally, both biological parents of the minor child consent and voluntarily agree to surrender the child to the grandparents for adoption.  However, if a parent is unknown or unable to be located, generally a curator is then appointed to try and locate the parent and notify him/her of the adoption proceeding.  In some instances, such as when a parent has failed to communicate with and support the child for an extended period of time, parental consent may not be required.

A person wishing to adopt a child must submit to a background check and other analysis in order to determine whether the adoption is in the best interest of the child.  After an Adoption Decree is signed, in the eyes of the law, the child is generally viewed the same as if he were the biological child of the adoptive parent.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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What Is Provisional Custody By Mandate?

Provisional Custody By Mandate is a Louisiana provision that allows parents or legal guardians of a minor child to authorize another adult to provide for the care, custody and control of that minor child.  The custodian can be any adult of legal age, except persons who have previously been denied custody by court order.

Provisional custody forms are generally used when a child will be spending extended time with someone who is not his parent or legal guardian, such as when vacationing with a relative or spending overnights with grandparents. The custodian generally has the power to consent to and authorize medical care for the child, enroll the child in school, discipline the child, and generally perform any other acts necessary for the welfare of the child.  The authority is good for a maximum of one year, or a shorter time if so designated by the parent/guardian.

Provisional custody is different from full legal custody and adoption, both of which are usually permanent and require a court proceeding.   In order to confer provisional custody upon someone, the parent/guardian and custodian can simply complete a Provisional Custody By Mandate form that is available in our office, and have it notarized.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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What If I Need To Make A Change To My Will?

In Louisiana, a change or amendment to a will is called a codicil.  Codicils are usually utilized when there has been a change in circumstances for the testator, such as an addition to the family or the acquisition of property.

The codicil must be in valid form, which means that it must be a valid notarial or olographic will.  We explained the valid form for olographic wills here.  For valid notarial form, the codicil must be signed before a notary and two competent witnesses.

A codicil should be clear and easily understandable.  If applicable, it should make specific reference to the portion of the original will that it changes.  If a codicil is so complex that it is difficult to understand, or it confuses the meaning of the original will, it is perhaps wise to make an entirely new will that is inclusive of the new wishes of the testator.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Do I Need To Go To Court For A Succession?

If a person dies and leaves property in Louisiana, and the gross value of that property is $125,000 or less at the time of death, then a small succession proceeding can be used to settle the person’s estate.

 It is not necessary to judicially open a small succession if the following applies:

1. The person was domiciled in Louisiana and died without a will; or
2. The person was domiciled outside of Louisiana and had his will probated by court order in another state; and
3. The person’s sole heirs are either his children, his parents, his siblings or their children, his surviving spouse, or his legatee (someone he left property to in his will).

If an estate qualifies for a small succession, the heirs can execute an Affidavit of Small Succession without having to open a court case or appear in court.

For more information, contact us at info@thebluestink.com or (225) 456-2200.
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What's The Difference Between a Will and a Living Will?

A will, formally known as a Last Will & Testament, is a document by which a person makes disposition of his property to take effect after his death.   There are many Louisiana laws regarding the correct form and content of testaments, so it is wise to consult with a legal professional when making a will.

A Living Will, also called an Advanced Directive or Declaration in Louisiana, is a document that makes known your medical treatment preferences in end-of-life situations.  In a living will, you can direct the circumstances under which life support measures should or should not be taken, and the extent of those measures, in the event that you are unable to communicate those wishes to health care personnel.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Prenuptial Agreements in Louisiana

A prenuptial agreement is legally known as a “matrimonial agreement” in Louisiana, or a “prenup” in layman’s terms.  A prenup is a contract that establishes a separation of property regime, or that modifies or terminates the Louisiana legal regime.  In essence, if spouses do not want to be subject to certain Louisiana laws regarding marriage, divorce and property, a prenup allows the parties to generally create their own rules regarding these matters.

However, there are still some limits to a prenup.  The parties cannot contract any provision that is prohibited by Louisiana public policy.  Furthermore, if during their marriage the parties wish to contract a prenup that modifies or terminates the Louisiana legal regime, Court approval is required.  The Court must ascertain whether the prenup serves the parties' best interests, and whether they fully understand the governing principles and rules.

Intended spouses may contract a prenup before marriage without requiring court approval.  Also, parties who are already married, and who move into Louisiana from another state, may contract a prenup without court approval within one year of first moving into and acquiring domicile within the State of Louisiana.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Can I Write My Own Last Will & Testament?

In Louisiana, a handwritten will is called an olographic testament.  Olographic testaments are valid in Louisiana as long as they are prepared in the proper form.

An olographic testament must be entirely written, dated and signed in the handwriting of the testator.  This means that the will cannot be typed, and it cannot be written by anyone other than the person making the will (the testator).  The testator must sign the will at the end of the testament.  Any additions or deletions to the testament must also be in the testator's own handwriting.

Many people opt to write their own wills because of the cost of having one professionally prepared.  However, a simple will doesn't have to cost a fortune.  The peace of mind that comes with knowing that your will has been prepared by a legal professional and is less likely to be contested, is priceless.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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Power of Attorney Misconceptions

Here at The Bluest Ink, we have been privy to many misconceptions held by the general public regarding power of attorney documents.  The most common misconception we have experienced is where a person believes that having power of attorney "over" another person allows them to "take over" that person's affairs, even after death.  This is inaccurate.

In Louisiana, a power of attorney is essentially a document authorizing a person (the Agent) to act on behalf of another person (the Principal).  Since the Agent is acting on behalf of the Principal, this means the Principal still has the power to direct the actions of the Agent.  As such, it would be improper for the Agent to perform any act that is contrary to the express wishes of the Principal, especially if the act is not in the best interest of the Principal.

Furthermore, a power of attorney is only valid while the Principal is alive.  After the death of the Principal, the Agent has no more power to act on the behalf of the Principal or the Principal's estate by virtue of the power of attorney.

For more information, contact us at info@thebluestink.com or (225) 456-2200.

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