Family Law

• Divorce
• Premarital Agreement
  Chances are you made a few solemn promises to your new spouse on your wedding day. Among them were promises to be there through thick and thin, personally and financially. In the absence of a premarital agreement to maintain separate assets, most spouses in blended families tend to blend their wealth. For example, they title their respective assets in the names of both spouses and also designate one another as the primary beneficiary of their respective retirement plans and life insurance policies.  They also tend to comingle separate property assets together, risking that they will be classified as community property.
• Guardianship
  Elder law is another aspect of estate planning focusing primarily on the needs of families and individuals as they age. Elder Law focuses on issues of aging including senior housing and home care, long-term (or nursing home) care, guardianships and health care documents, Medicare and Medicaid.

Business and Corporate Law

• Mergers and Acquisitions
  This is to highly recommend Mr. Ted Vicknair for guidance and counsel in mergers and acquisitions. He did so with a very unique proposal for Merrick Const., LLC, saving tax dollars while at the same time creating amicable relations between the parties involved. His services were professional, prompt, and reasonable. Mr. Max M. Merrick, Cottonport, LA
• Limited Liability Companies

Health Law

• Personal Injury
  Self-Settled Special Needs Trust: Generally created by a parent, grandparent or legal guardian using the child’s assets to fund the Trust (e.g., when the child receives a settlement from a personal injury lawsuit and will require lifelong care). If assets remain in the Trust after the child’s death, a
• Social Security Disability
  So what does “countable income” include? It is simply all of the income a veteran or surviving spouse receives, regardless of source. These sources may include earnings from work, retirement and pension payments, social security, and social security disability payments. Nevertheless, “countable income” may be reduced by subtracting Unreimbursed Medical Expenses (UMEs) from annual income. What are some examples of UMEs? They include the cost of home health services, dentures, hearing aids, wheelchairs, premiums for health insurance, and even prescription drugs. Although UMEs may be deducted to lower countable income, increasing the pension benefit amount, it is not that simple. The calculations can be rather complicated.

Trusts and Estates

• Estate Planning
  Helping Families With Estate planning probate and elder law and helping Businesses Plan for Today and the Future
• Wills
  Your last will and testament is just one part of a comprehensive estate plan. If a person dies without a Will they are said to have died “intestate” and state laws will determine how and to whom the person’s assets will be distributed. Some things you should know about wills...
• Trusts
  Special Needs Trusts:  For many parents, a Special Needs Trust is the most effective way to help their child with a disability. A Special Needs Trust manages resources while also maintaining the child’s eligibility for public assistance benefits.
• Power of Attorney
  A power of attorney is a legal document giving another person (the attorney-in-fact) the legal right (powers) to do certain things for you. What those powers are depends on the terms of the document. A power of attorney may be very broad or very limited and specific. All powers of attorney terminate upon the death of the maker, and may terminate when the maker (principal) becomes incapacitated (unable to make or communicate decisions). When the intent is to designate a back-up decision-maker in the event of incapacity, then a durable power of attorney should be used. Durable Powers of Attorney should be frequently updated because banks and other financial institutions may hesitate to honor a power of attorney that is more than a year old.
• Probate
  As a Louisiana estate planning and Louisiana tax attorney, I regularly recommend plans and personally draft for my clients legal documents include revocable trusts, irrevocable trusts (for long term care qualification), special needs trusts, probate avoidance plans, last wills and testaments, asset protection trusts, litigation avoidance plans, VA trusts, charitable trusts, income and estate tax savings plans, and various legal entities such as limited liability companies (LLCs) and S corporations. I also have a steady Louisiana probate law practice and Louisiana inheritance law practice.

Finance Law

• Bankruptcy
  Clark case sent shock waves through the estate planning community after a unanimous court ruled that inherited IRAs are not “retirement funds” within the meaning of federal bankruptcy law.  Accordingly, if your children or grandchildren are “direct” designated beneficiaries of your IRA, then the distributions may be subject to their divorces, lawsuits and bankruptcies. Careful planning is required to protect these important assets, while at the same time preserving the ability to stretch distributions as long as possible for your beneficiaries. Remember, two things you cannot choose in life are your own parents and the spouses of your children.
• Tax Law
  A small business entity such as an LLC or corporation, is primarily meant to provide a certain degree of protection for the business owner(s) from lawsuits and claims made against the business. In other words, if someone sues your company, and if your business is an LLC or corporation, your personal asset MAY be personally exempt from the lawsuit. This is a big “ MAY ”, because your personal liability will depend on your actual activities and the claim(s) made by the plaintiff in his or her lawsuit. But if your business is a “sole proprietorship” or a “state law partnership” by default ALL of your personal assets are subject to seizure by a claimant even if those assets are not held by or are in the business. This can include your personal home. If you are a business owner, it is imperative that you consult with a tax and business attorney, preferably one who is a Board Certified Tax Law Specialist (by the Louisiana Board of Legal Specialization ).