Your question is essentially can a judgment creditor get to your husband's assets. As long as they are not going in to a joint account to you, the answer is generally no. To expound more, we'd need more information. You may need to hire an insurance attorney to evaluate your situation.
Mr. Davis is an insurance and business litigation attorney in Jacksonville, Florida. The use of Avvo's question and answer forum is only to provide general information and in no way forms an attorney-client relationship between you and Mr. Davis, even in the attorney's particular area of expertise. The attorney-client relationship is not created until the attorney is contacted and the parties agree upon terms of representation.
We are not here to help you secret assets; particularly, if you did not properly insurer yourself (and someone who is injured suffers further) . Contact an asset attorney.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Your question states that your husband has an inheritance coming, but your description says that it is coming to you. Makes a difference. Generally, personal injury lawyers will go after insurance proceeds and that's that. You don't mention whether the other party was injured. If you are sued, your insurance company will hire a lawyer to protect your interests, and he/she will advise you on how to respond to inquiries from the plaintiff's lawyer. A lot of information can be found out nowadays, it depends on the degree of investigation pursued.
Discovery of assets and financial information cannot occur unless there is punitive damages against you (if you were driving drunk or extremely recklessly) or a judgment against you. In this case, it sounds like there is neither. Thus, there should be no way for the attorney to discover the inheritance. However, if you go to trial and lose the case, then there is a possibility that the other side will learn of the inheritance. It is of max importance that you write to your insurance company and instruct them to settle this case within your policy limits and secure a release for you. You may want to hire your own attorney to write such a letter.
Possibly. Is the inheritance coming to you or to your husband? Is your husband an owner of the vehicle? Did the accident occur in the State of Florida?
Since your family will be receiving some assets, it may be time to reassess your insurance needs and take out sufficient coverage which will protect your assets. This will not help you for accident that has already occurred, but if you have another one next month, you can be properly insured. You may want to consider purchasing an umbrella policy for one or $2,000,000. You may be surprised how inexpensive these umbrella policies can be if there is underlying liability coverage of about $100,000.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
If your husband was a co-owner of the car, he will be sued also -- his liability will be exactly the same as yours. If he was not a co-owner, he has no liability.
If your husband has liability, and there is a judgment against him eventually that exceeds the amount of liability coverage, his inheritance can probably be reached to satisfy the judgment (this impacts where the inheritance is, and what it is).
If your husband has no liability and you are not also receiving the inheritance, your husband's inheritance is safe.
If you are also expecting an inheritance, the answer for you is the same as the above answer for your husband if he had liability.
If you caused severe damages in the crash you need to retain a private lawyer to help you keep your insurance company honest. Good luck!
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.
YOur post is somewhat vague, but I suppose the answer is anything is possible, it depends on how thorough and aggressive they are, if they dig deep, they probably could find out about this inheritance.
A roundup of the best tips and legal advice.