LAMBERT

  LAW

The Law Office of Adam S. Lambert

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Wills, Successions, Estates, Living Wills, Powers of Attorney

SUCCESSION OF CULOTTA

· In a rare contested succession, Mr. Lambert successfully defended a succession representative’s right to represent his father’s estate.

· Case was won by Mr. Lambert on appeal.

· Read the opinion from the Louisiana 5th Circuit Court of Appeal in Succession of Culotta.

SUCCESSION OF CULOTTA

 

LA 5th CIR COURT OF APPEAL

CIVIL CASE NO. 04-1298

 

 

CASE ISSUES & AREAS OF LAW:

 

· SUCCESSIONS

· REMOVAL OF SUCCESSION REPRESENTATIVES

· CAPACITY TO DONATE PROPERTY IN A WILL

· UNDUE INFLUENCE IN THE DRAFTING OF WILLS

· STANDARDS OF JUDICIAL REVIEW

LIVING WILLS & POWERS OF ATTORNEY

· A Living Will, sometimes also called  a “Will to Live”, is a type of advance health care directive whereby any adult person may make a written declaration directing the withholding or withdrawal of life sustaining procedures in the event such person should have a terminal and irreversible condition. It tells doctors, hospitals, family, and friends your wishes with regard to treatment to be given to you in certain cases of incapacitating accident or illness, such as coma.

· Everyone should have a Will, a Medical Power of Attorney, and a Living Will.  While those who are elderly or facing serious illness are clearly in immediate need, the Terry Schiavo case showed us that even young people can face serious illness or have an accident. For example, Schiavo suffered her brain injury when she was only in her mid-20s.

· The following persons are at particular risk and should draft a Will, Living Will, and Power of Attorney immediately:

· Anyone with children

· Anyone over the age of 65

· Anyone facing a major surgery or illness

· Anyone who is diabetic

· Anyone who is suffering from a  heart condition or other condition which could render them in a debilitated state without warning.                

· Read the story from ABC26 News, who interviewed Mr. Lambert about the need of everyone to have a last will & testament, a living will, and a power of attorney.