LAKE CHARLES, La. (KPLC) - Submit your questions to firstname.lastname@example.org. Civil matters only, please.
QUESTION: My aunt has guardianship over her 6-year-old grandson via a provisional custody by mandate that was signed by the child’s father (who is my cousin) and the child’s mother, who are not married to each other. According to her, she did not have to file anything with the court to get the guardianship. What is the difference between a provisional custody by mandate and a voluntary transfer of custody proceeding?
ANSWER: Louisiana law allows for parents to grant temporary care, custody and control of their child to another person to take care of that child by executing a provisional custody by mandate. The provisional custody by mandate is a notarial act signed by the parents and the person given custody in front of a notary and two witnesses. A provisional custody by mandate gives the non-parent the power to give legal consent to medical care and educational services among other things. The duration of a provisional custody by mandate is one year.
A voluntary transfer of custody requires a court proceeding during which a parent or parents voluntarily transfers legal custody of their child to a responsible adult so that the child may receive adequate care and treatment. There is no required timeframe as to how long the non-parent has custody but the parents and the person to whom the custody is transferred to can jointly petition the court dismiss the proceedings and return the child to the parents.
QUESTION: I have a relative who recently died. He was a resident of the state of Texas and owned property in both Texas and Louisiana. He died without a will. The value of the Louisiana property is less than $125,000. His children filed his succession in Texas for the property he owned in Texas. What would his children have to file here in order to inherit the real estate property he owned in Louisiana?
ANSWER: The decedent’s heirs will need to file an ancillary succession proceeding in Louisiana. The proceeding should be opened in the parish where the decedent owned real estate or other assets. Because the property qualifies as a small succession, it is not necessary for his heirs to file a court proceeding with the court in the parish where the property is located, rather, they could file an affidavit of small succession and the rules for small succession affidavits for in-state small successions apply.
Louisiana Code of Civil Procedure Article 3421 provides that Louisiana law allows for the ancillary succession of a person, who at any time, has died and the decedent’s property in Louisiana has a gross value of $125,000 or less valued as of the date of death or, if the date of death occurred at least twenty years prior to the date of filing, a small succession affidavit leaving property in Louisiana of any value.
QUESTION: I recently turned 60 years old. When I received my yearly statement from the Social Security Administration, it indicated that I would receive a partial amount of Social Security Benefits if I retired at 62, but would not receive full Social Security until I made 66 years and 10 months. I thought I could get my full Social Security Benefit at 65. When did the age requirement change?
ANSWER: The 1983 Social Security Amendments included a provision for raising the full retirement age beginning with people born in 1938 or later. Congress cited improvements in the health of older people and increases in average life expectancy as primary reasons for increasing the normal retirement age. The age requirements for full Social Security Benefits have changed and it is determined by the year of birth.
· For anyone born in 1959, the age to receive full Social Security Benefit is 66 years and 10 months.
· For anyone born in the years 1943 to 1954, the age is 66 years and 2 months.
· For anyone born in 1955, the age is 66 years and 2 months.
· For anyone born in 1956, the age is 66 years and 4 months.
· For anyone born in 1957, the age is 66 and 6 months.
· For anyone born in 1958, the age is 66 years and 8 months.
· Anyone born in 1960 and later will receive full Social Security benefits at 67.
DISCLAIMER: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC-TV.