Skip to main content
Eric J. Parker
Avvo
Pro

Eric Parker’s Answers

90 total


  • Can I make a simple change to my will which is a trust? Can I write notation on my will,or does attorney have to rewrite will?

    I want to delete one beneficiary and change for another name. Dollar amounts would remain the same. Only a simple name change.

    Eric’s Answer

    Although it is tempting to change it yourself, it's not a good idea. As the others have mentioned - the simple cross-out will not be valid if it is not witnessed properly and it may also affect the legitimacy of the one you crossed out (if you are writing on the original). The good news is that even with a lawyer a change like this is easy and pretty inexpensive (whether it is a trust amendment or a codicil to a will). Many lawyers will also agree to a free initial consultation. Basically, if it is worth amending the trust or will, it is worth doing it right. I hope that helps.

    See question 
  • Car accident and personal injury

    My wife involved in the accident,someone hitted her from his cars back.Police left her report indicating her on unit 2nd section (I don't really understand what this means ) I took her to the hospital last night since she had really bad pain o...

    Eric’s Answer

    In this situation, your wife is going to need the help of a lawyer. A good personal injury lawyer will be able to help you make a recovery from the other driver's insurance. In addition, they can often help you to figure out the best way for her to get the treatment she needs. By the way - being listed as the second driver on the police report is usually an indication that the police believe the other driver was at fault. The police usually list the "at-fault" driver first.

    See question 
  • How can I get insurance for my granddaughter if I do not have guardianship and can't afford a custody battle?

    I have been raising my granddaughter for over 10 years. I just got fined $1000 for not having insurance. I will continue to get fined because the child's parents will not provide insurance and will not give me guardianship. With guardianship, my p...

    Eric’s Answer

    You should contact Chicago Volunteer Legal Services (CVLS). They assist clients in obtaining guardianship in situations like this. If you can afford legal help, they may tell you to hire a lawyer privately. If you cannot afford a lawyer, they would be your best bet.

    See question 
  • Are insurance companies allowed to have allowed to have my prior medical records

    I was involved in accident on 07/31/14 but the insurance company wants prior records all the way from 1/1/12. Are they allowed to have those? The company that I'm speaking of is the insurance company of the person that rear ended me.

    Eric’s Answer

    Ultimately, they will have the right to get your prior records if you proceed into a lawsuit (as long as they are not totally unrelated records). At this point, they can only do it after you sign a medical records release authorization. It is up to you to decide whether you think there is enough chance that they are interested in resolving the case to allow them to get these additional records. If you provided information about the insurance company involved, a good personal injury attorney could probably tell you the odds that they are serious. In the end, I suspect you will need to hire someone.

    See question 
  • Don't the claims adjuster have to pay for my injuries from 4/31 and after

    I was rear ended in an accident on 4/31 and I sustained a torn rotator cuff injury but my rotator cuff was strained on 4/08 but was fine on 4/31.I have almost $40,000 in DR. Bills and the insurance company is trying not to pay me or my bills beca...

    Eric’s Answer

    This is a completely common dispute in personal injury cases. Most people over the age of about 25 have some aches and pains. Insurance companies will try to use that to deny you compensation. If your shoulder was made worse by the collision, you should be entitled to compensation. But - as the others have said - it is unlikely that you will get it without a fight. I'm afraid you will need a lawyer.

    See question 
  • Bedsore develop after hospital stay

    My husband was in the hospital for the back surgery. He is 58 yrs old and was mobile and working prior surgery. Day before he was released ( 5 day after surgery) we noticed wound on his lower back- tailbone. We informed nurse. Next day he was re...

    Eric’s Answer

    Bed sores are a serious problem, and with good monitoring and care, they should not develop. Once they do develop, they can be really serious and hard to get healed. You may have a case, and you can talk to an attorney about that down the road. For right now, though, you have a more serious problem. If the wound is not healing or is getting worse at home - you need to make changes in his care - possibly including at home nursing home care, or return to the hospital or a very good nursing home. Obviously, I'm not a doctor, but in my experience with these cases, the wounds are either healing or getting worse. Worse often leads to infection and bad problems. You generally have two years from the date of the negligence to bring a case. I would address the wound care issues immediately and consult a lawyer thereafter. I am sorry you are having to deal with this difficult issue.

    See question 
  • What will the mortgage company do with my moms house if she passes away?

    I'm paying for my moms house mortgage because she is out of work and no longer could afford it. She is the only one in the loan, what will happen if she passes away before the house is paid off? Can she do a 'will' allowing me to continue with t...

    Eric’s Answer

    There are several ways that she could protect your interest if she wants to do that. If it was her intention to transfer the house to you at her death, a fairly easy way to do it is through a Transfer on Death Instrument. it has the benefit of avoiding probate and being fairly inexpensive to prepare. If she was only interested in repaying amounts that you paid in mortgage payments, there are other ways that she could repay you that do not involve transferring the entire property. I think all o the options will require an attorney.

    See question 
  • Do I need a personal injury attorney now?

    I was recently sideswiped by a SUV who was attempting to turn into my lane and hit my passenger rear quarter panel area. A police report was made and the driver admitted fault to police. I was shaken up and ended up going to hospital a few hours l...

    Eric’s Answer

    Sorry to hear about your accident. I believe you are going to need a personal injury lawyer to resolve your case. If an insurance company is trying to resolve a case, and the client was not seriously injured, I have no problem telling people that they may be able to resolve the case on their own, without paying a lawyer. In this case, however, the combination of the insurance company involved and the medical bills that are piling up, I think you would have a hard time getting this resolved on your own. The most important thing is to make sure that you are able to get the treatment you need to get better. I would seek out a good, honest injury attorney sooner rather than later. Good luck.

    See question 
  • I was injured on a car accident and the other driver was at fault.

    And his insurance denied liability,can I still covered under my uninsured motor vehicle?

    Eric’s Answer

    The others are correct - you can't bring an uninsured claim in this situation. Fortunately, you have every right to pursue the insurance for the driver that caused the accident. Sadly, it is not unusual for them to deny responsibility. That is most of the reason that personal injury lawyers are in business. Based on the insurance company response, I think you will need to hire a lawyer. Good luck.

    See question 
  • Does a will allow a house to avoid probate or do you need a Trust and a Will to avoid having a house going through probate?

    Currently the house's title is in the name of the husband who is deceased, the wife is wondering if she needs to have a will, a will and a trust or nothing to avoid probate court.

    Eric’s Answer

    Hard to be certain without more information but it is likely that she will need to open a probate estate to get the house legally into her name. There is a second question about how she would transfer the house to her heirs without having it go through probate. There are several ways to accomplish that. A good probate lawyer should be able to sort this out for her fairly easily.

    See question