In theory, you should be able to settle the claims separately because the the driver and his insurance company are separate. However, you will be required to sign a release of claims against the driver, and every release of claims includes a release of claims against the driver's insurance company. So, you will need to have the company agree to amend the release so you can pursue your claims against the company.
Unless your injury was a work related injury (you likely don't work while on disability) you will have to prove the injury was someone's fault before you have a claim insurance will pay. If you think your injury was caused by another person's carelessness, you should see a lawyer.
The short answer is that you cannot give your portion of the trust away without a penalty.
Under federal and Utah Medicaid laws, you are required to report to Medicaid all transfers you or your husband have made in the five years prior to the date your husband applies for Medicaid. If you have an interest in the trust now and you give it away, your husband will be penalized by a denial of benefits until the sum of your gift is "spent down" on his medical expenses.
You should talk to a Utah...
Every court in the United States requires guardian reports to be truthful. Since you filed the motion, you should complain to the court that allegations in the report were false. You should also contact an elder law attorney in Michigan and ask for a free consultation to discuss the possibility of elder abuse.
Yes, you should have pleaded not guilty. You don't say whether you pleaded guilty or entered a plea in abeyance, which is treated differently.
If your plea was guilty, I think you made a mistake. You don't say how long it has been since you went to court. If it was recent, you might want to ask the court to withdraw your guilty plea. You can also talk to the prosecutor about it. From your description of what happened, you should have a good chance of winning.
I would encourage you to see a...
You have not said who the Trustee is, but section 8.7 as quoted gives the majority of income beneficiaries the right to remove the Trustee. You should have a meeting of the income beneficiaries and vote. If a majority votes for a new Trustee (with the votes cast as described in section 8.7) then you should have the income beneficiaries who voted sign a letter and give it to the current Trustee, saying his or her service has ended and requiring all of the records and assets to be given to the...
Under Utah law, the owner of the car is not responsible for accidents caused by a person who borrows the car, so long as: 1) the borrower is a licensed driver, 2) the borrower is mentally and physically capable of driving safely, and, 3) the car is insured for at least Utah minimum limits.
As the only Utah attorney to answer, I can be more confident in my advice.
Under Utah law, the answer is that both probably share some responsibility. Utah follows "comparative negligence" rules which require the judge to assess a percentage of fault to both parties. That will require a complete view of the facts to see who was being more careless. My guess - without knowing more than you have written - is that the driver is more at fault.
Hope that helps.
Your mother's Will needed to be probated (filed in a Utah court action) within three years after her death. Because it was not, you will need a special Utah probate court action called a "declaration of heirs" to transfer the house to your mother's heirs.
In making a "declaration of heirs," the court must ignore the Will and apply the Utah laws of Intestacy. Under those laws, the property will be divided between you and your mother's living grandchildren from your deceased brothers and...