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David Carter’s Answers

68 total


  • How should my husband and I title our automobiles to protect them from lawsuits against both of us or one of us. Also tax avoid

    Own 2 cars; 3rd car financed. Husband exclusively drives one car. Other 2 driven by both of us

    David’s Answer

    Titling the cars probably won't help much - the only way to do any true asset protection planning will be to title the vehicles in the names of unrelated entities. Asset protection planning is very complex. I disagree with 99% of the strategies that I see on the internet, and that people volunteer - the reason being that these types of changes create tax consequences and unintended future consequences. For this reason, you should contact an asset protection specialist before you do any transfers.

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  • My 82 year old father was knocked off of his bike by a large dog and suffered several injuries, as well as lost time from work.

    The dogs owner rents, is on disability due to health issues, has no renters insurance. Is the landlord's liability insurance responsible for the coverages since they allowed the renter to have the dog.

    David’s Answer

    You should engage a local attorney to give you a final answer to this question. Landlords are not generally responsible for animals living on their rented property. However, it may be possible that if there have been complaints against this dog before, and the landlord took no action, that some liability could be assessed against the landlord. Again, an attorney in your area is best suited to answer this question.

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  • Funeral Home employee took pictures of my brother's bloodied face and sent it out to non-relatives! I want justice for him.

    My brother was a victim of a violent crime. Initially my father who was the legal next of kin was arranging his funeral with a local mortuary until he began complaining about the cost. He signed forms releasing all responsibility to me. He called ...

    David’s Answer

    You should call a local attorney as soon as possible. You may have a cause of action for violation of privacy rights and emotional distress. The funeral home will definitely not want for the public to know that its employees conduct themselves in this manner. A local attorney can tell you whether you have a cause of action, and its potential value.

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  • My uncle pass away 2 years ago , and my mother is executor of his will ,the house was in my mother and my deseased uncles name.

    The will says my mother gets half of the house plus one fifth and the others get one fifth each. It is a very small will the house was valued at $10,000 , the problem is my we twice now have had a buyer for the house but the other heirs will not s...

    David’s Answer

    Your mother has sole authority to sell the house, as executrix. Her fiduciary duty is to the estate, not to the individual heirs. Her job is to liquidate the items of the estate and ensure that all the directives of the will are carried out. The circumstances of the beneficiaries do not trump these duties.

    With that said, if the house has already been deeded into the names of the heirs, then it is no longer the choice of the exectrix - it is the choice of the owners. You may have to hire a real estate attorney to determine whether there is any way to force this sale.

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  • Can a probate judge under a Judgment of Civil Contempt keep me confined to the state or to country if he wishes?

    I've been living out of the country for ten years now and came back to the states for a custody order hearing and trial for complaint of contempt and lost and lost under appeals. The judge wants me to pay my childs mother 55k ,so she can fly to th...

    David’s Answer

    This is a very complex question. You should hire a local lawyer with experience in family law matters, and preferably one who has appeared in this judge's court before. Judges tend to have expansive powers, and even if he doesn't have express authority to hold you, it may take you a significant period of time to resolve the matter.

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  • How long should a will contest or arrangement of a family settlement agreement take? Is it normal to be ignored by your lawyer?

    I hired an attorney to contest a will that seems was done by undue influence. He chose not to purse that route but instead proposed a family settlement agreement that he was supposed to send out several months ago. I have called, sent e-mails to f...

    David’s Answer

    This is an unpleasant situation, to say the least. I suggest you put all your complaints into written form, and send it to him via certified mail AND fax. Give him a specific time frame in which to answer - 5 days or so. He will know that if he does not respond within this time frame, he is risking being fired by you, or worse. You are certainly entitled to reasonable responsiveness from you attorney.

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  • Our state civilsuit is stayed, defendant filed Ch7BR How can we assure it is NOT dismissed with prejudice in defendants favor?

    Can we withdraw the case even though a Motion to Dismiss has already been filed by defendant? Will our withdrawing the case prevent it from being dismissed in defendants favor? If so how do we withdraw the case? OR what other options do we...

    David’s Answer

    Generally, a bankruptcy filing erases claims that existed at the time the bankruptcy was filed. There are, however, certain claims that can survive bankruptcy - for example, charges of fraud. If you do nothing, your claims will be dismissed and your claims extinguished. You should hire an experienced local attorney to make appropriate motions in bankruptcy court to protect your claims.

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  • Our State CivilSuit will be dismissed-defendants have gained BR discharge. How can we retain our protective restraining order?

    We filed Suit for multiple counts including actual physical assaults and threats to our lives. With the filing of the suit we asked for and were granted a Restraining Order. The defendants are restrained from coming within 100 feet of us etc. Prio...

    David’s Answer

    Call a lawyer in your area immediately. Just because they have filed bankruptcy does not mean that your case is dismissed, and does nothing to the restraining order. However, there are motions that must be filed in bankruptcy court to preserve your claims. An experienced creditors' rights attorney can help you with this matter.

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  • Person who received a judgment against me has has contacted me and the individual that I work for.

    The party that received a judgment against me about 6 years ago is causing problems with the company that I work for. I am a subcontractor for a home builder. As it would happen, the builder entered into a contract with the daughter of the person ...

    David’s Answer

    If someone has a judgment against you that is unpaid, it is certainly their right to prevent you from working on the current project. They can also contact the contractor who brought you into the job and demand that the contractor pay a percentage of your fees to the judgment creditor (through a garnishment). It does not sound like they are doing anything other than attempting to enforce their rights as a judgment creditor - nothing in what you have said indicates they are harassing you or otherwise violating your rights. If you have any concerns, you should call a local lawyer that specializes in debtor's rights.

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  • How can I justify a claim based on tort involving a car accident in GA when the other driver sued me for her fake injury litigat

    ion? I was involved a car accident in Oct 2009. It was my failure to yield right-of-way while turning, which damaged other driver's vehicle. On July 30th 2011, I received a court summons notice/complaint for damage stating that the other driver...

    David’s Answer

    If you were covered by your insurance company at the time of the accident, you need to send a copy of the complaint to them as soon as possible. Not sending them a copy is grounds for them to cancel coverage of this event.

    If you were served on July 30, you have 30 days to answer the complaint. Your insurance company should provide defense counsel for you. If your insurance company is not doing so, you need to hire an attorney as soon as possible.

    If your insurance company has already accepted liability (evidenced because they paid for her car), then the only remaining issue is whether the woman's medical treatment was justified by the accident. This is really where you need help from an experienced attorney.

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