Tower Grove Lawyer : Thank you for your question. I will do my best to answer your question. Please note that this does not constitute legal advice as I do not know all the specific facts of your situation. We have not created an attorney-client relationship simply through this communication. Also, please be aware that these communications are NOT confidential or private, and are located on a public web site.
Tower Grove Lawyer : Please give me a moment to review, research, and respond to your question.
Tower Grove Lawyer : First of all, you should know that I represent a number of large auto insurance companies and am familiar with this situation and these types of settlement documents.
Tower Grove Lawyer : The 4th question on the affidavit refers to whether your daughter was "on the clock" for an employer at the time of the accident. An example of this is a delivery driver. That fact is important because, if your daughter was "on the clock" at the time of the accident, her employer's insurance may apply. Simply driving to or from work is not considered "in the course and scope of employment."
Tower Grove Lawyer : If the form is only requesting your daughter's assets, then that is all you need to provide. The otther attorney is wanting to make sure that your daughter does not have any additional assets. For example, the other attorney doesn't want to settle the case for the policy limits and then find out your daughter is a millionaire. If the other attorney also wants your wife's assets, he can ask for that, but the assets of a parent are usually irrelevant unless your daughter is under 18. I would only provide your daughter's assets at this time.
My wife is the registered owner of the vehicle that my daughter was driving, and her age at the time of the accident was 19.
Tower Grove Lawyer : I will add -- this is all very, very standard information that I personally would provide, especially since it allows the case to be settled within the policy limits.
Tower Grove Lawyer : That explains the request for your wife's information, which is standard, and the attorney is probably going to insist on your wife providing information on her assets.
Tower Grove Lawyer : Again, that has to do with the attorney making sure that the only recoverable asset is the $100k insurance policy.
Tower Grove Lawyer : If your wife has considerable assets, you may want to talk with your insurance company about refusing to answer this.
Tower Grove Lawyer : Otherwise there is no harm in answering.
Tower Grove Lawyer : I just read your question again. If only your daughter is listed for signature on the affidavit of assets, I would only list her assets. No need to provide more information than is requested.
I just opened new mail, it is another asset request but with my daughter's name listed in the signature line. None with my wifes. They probably screwed up, but we will fill it in and return it, thanks. Are they likely to try attaching our home or garnishing our wages in the future?
In case they send my wife a asset form,
Tower Grove Lawyer : NO and they cannot do that. The insurance company is going to pay them the $100,000 policy limits. In return, they are going to sign a settlement release preventing them from ever recovering anything more from your daughter and your wife. This is their one shot to get as much money as they can. They want to make sure that your daughter does not have any more assets then can recover.
One of the questions is "Are any of the aformentioned properties homesteaded? How do we homestead, will it protect our home now, and what exactly is homesteading?
Tower Grove Lawyer : Once the settlement release is signed, it's over. They can't come back and get more money.
OK cool, so what exactly is homesteading?
Tower Grove Lawyer : I'm not trying to pass the buck, but that is a question that would be better directed to a real estate lawyer, which I am not. However, homesteading generally protects an individual's primary residence from being seized or sold as the result of a legal action.
Thanks for the help. we will get these forms filled out and returned. Like to get this done and over with.
I really do appreciate the help. Thank You
Tower Grove Lawyer : You're welcome, and good luck to you.