Anticipating wrongful death claim - what measures to take.

[ctw1]

An elderly friend was involved in an accident where two people walked out in front of her car at night and were killed. It appears my friend was not at fault (except that she was behind the wheel & driving) however, she is anticipating she will be sued.

Previous to this accident occurring, she had seen an attorney re: estate protection but had not signed any papers. (She has cash, a joint home & other assets.) Her attorney has now changed advice & is giving her confusing information about what to do. She is suffering terribly from what happened and given her state of mind is afraid to talk to many people about the situation. This occurred in Florida.

My questions are:

1. If she transfers any property or sets up any trusts, will this be seen as some type of attempt at fraudulent transfer? (The accident just happened recently & nothing has been filed yet - however there is an investigation pending.)

2. Presuming she could be found partially liable, what can she legally do now to protect herself and any joint assets she has with her husband. (He is 87 & of very ill health & may not survive the length of any lawsuit - more assets to then consider).

I know my friend should see a lawyer specializing in this area, however, I'd like to give her some information so she feels comfortable when she does so.

Thank you in advance for any comments!

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, the lawyer for the other side may attempt to argue her measures as fraudulent to escape liability or payment.

However, she does need to protect the assets. Homestead laws in this society usually protect the individual's home from such lawsuits, especially in the case of an elderly couple.

But she really needs to go to a lawyer ASAP.