J. Brantley Durrett III’s Answers

J. Brantley Durrett III

Houston Insurance Law Lawyer.

Contributor Level 9
  1. I bought a car but registered in my ex girl friends name

    Answered over 6 years ago.

    1. J. Brantley Durrett III
    1 lawyer answer

    You can not file theft charges. A cahrge of theft is a crime that can only be prosecuted by criminal authorities. What you can do is file an action to have the title to the car placed in your name. You woul dneed to prove your agreement with your ex-girlfrieend and the fact that you paid for the car. It is also possible that you could file a lawsuit based upon conversion which is an unlawful interference with a right of possession to property.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Does the beneficiary of a life insurance policy have to share with other siblings

    Answered almost 6 years ago.

    1. Bruce Givner
    2. J. Brantley Durrett III
    2 lawyer answers

    In Texas, life insurance proceeds are non probate assets and pass outside of the estate of the deceased. Thus, in Texas, if you were named the sole beneficiary of a life insurance policy, then you would not have to pay for funeral expenses or share any of the proceeds with siblings. You should check with a Kentucky probate lawyer for an answer to your question in accordance with Kentucky law.

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  3. Insurance LAW

    Answered about 6 years ago.

    1. J. Brantley Durrett III
    1 lawyer answer

    No. In most states, limitations is an affirmative defense. So if you are sued on the claim, you must plead and raise the defense, but if you do, you will not be found liable for the claim. Of course, this answer assumes that there are no arguments that would delay or toll the start of the limitations period, i.e. discovery.

    1 lawyer agreed with this answer

  4. Can a parent of a deceased individual bring a wrong death action

    Answered about 6 years ago.

    1. Jeena R. Belil
    2. J. Brantley Durrett III
    2 lawyer answers

    I am sorry for your family's loss and offer my deepest condolences. To answer your question, wrongful death statutes vary between states so you will need a KS attorney to provide specific information to positively answer your question. In TX, the heirs or estate representative for the deceased and certain statutory family members can bring a survival and wrongful death claims arising from the death of a family member. In TX, certain statutorily defined family members including a parent,...

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  5. Hosting an event at our home under WA state law are we required to obtain insurance to cover liability against guests

    Answered about 6 years ago.

    1. J. Brantley Durrett III
    1 lawyer answer

    Generally your liability policy will protect you up to the limits of coverage for accidents that occur on your prorperty. An umbrella policy generally provides additional limits of liabiolity in excess of an existing policy but does not expand coverage. Check with your insurance agent regarding your liablility limits.

    1 lawyer agreed with this answer

  6. Real Estate

    Answered over 6 years ago.

    1. J. Brantley Durrett III
    2. Clifford L. Tuttle Jr.
    3 lawyer answers

    The answer to your question is maybe. You need more information. What were the crime statistics for a one mile radius from the property for the last year. Three burglaries within a month in the same subdivision is rather high. You must establish that it was reasonably foreseeable that a crime would be committed to establish liabiltiy for the theft. If desired, it is possible that you could sue for their failure to warn you of the crime in the area and undo the real estate transaction itself. If...

    1 lawyer agreed with this answer

  7. Real Estate

    Answered over 6 years ago.

    1. J. Brantley Durrett III
    2. Clifford L. Tuttle Jr.
    3 lawyer answers

    The answer to your question is maybe. You need more information. What were the crime statistics for a one mile radius from the property for the last year. Three burglaries within a month in the same subdivision is rather high. You must establish that it was reasonably foreseeable that a crime would be committed to establish liabiltiy for the theft. If desired, it is possible that you could sue for their failure to warn you of the crime in the area and undo the real estate transaction itself. If...

    1 lawyer agreed with this answer

  8. FDIC insurance

    Answered over 6 years ago.

    1. J. Brantley Durrett III
    2. Steven Wayne Murray
    2 lawyer answers

    It is difficult to give a complete answer with the information provided; however, generally FDIC insurance is limited to $100,000.00 per account. So it is not the number of trustees rather but the number of accounts and the amount in each account.

    1 lawyer agreed with this answer

  9. Accident

    Answered over 6 years ago.

    1. Keith R Rudzik
    2. J. Brantley Durrett III
    3. Glenn Jay Holzberg
    4. Gil Shuga
    4 lawyer answers

    What you have described is a situation where a lawyer has missed the applicable statute of limiitations for filing your lawsuit for injuries. Absent other facts, you have a right to file a lawsuit against your former lawyer for legal malpractice. However, a legal malpractice suit differs from a typical suit because you must prove a case within a case. Specifically, you must prove that the lawyer violated a duty owed to you and that the lawyer's violation proximately caused you a loss. You must...

    1 lawyer agreed with this answer

  10. Accident, was not my fault, other driver has no Insurance

    Answered over 6 years ago.

    1. J. Brantley Durrett III
    2. Alec Scott Rose
    3. Neal Andrew Goldstein
    4. Gil Shuga
    4 lawyer answers

    Please check your automobile coverages. Uninsured/undersinsured motorist coverage would cover this situation. Also in some states, you have to execute a form at the time of insurance purchase declining uninsured/underinsured motorist coverage. If you were never offered the coverage, you may have a claim against the insurance agent for coverage.

    1 lawyer agreed with this answer