The account had three owners: my father, my mother and my brother. Mi mother died and my brother withdrew all the money to his individual account and left my father with no money at all. Can I sue my brother and restore my father his money?
"The father's account that he is joint on in order to help Father becomes entirely his asset if he is sued due to the accident! In other words, the court can order all the money in the joint account be paid to cover the lawsuit. "
Dot, what is your source for the statement that the account would segue to be solely the asset of the son? I think it really depends on how the account is titled and how ownership is held.
Secondly, unless the son has no insurance, his auto insurance carrier will pay the defense attorney of its choice to defend the lawsuit. That means the insurance carrier foots the cost of the lawsuit.
ONLY IF there is a judgment which exceeds policy limits will the plaintiff's attorney look to what other assets might exist. And in my experience from auto neg cases decades ago, typically any catastrophic judgment would in fact be handled by the plaintiff's attorney. The judge presides over the trial (unless it's a bench trial which auto neg cases generally aren't) until its conclusion, then the case is dismissed, with prejudice.
It's been more than a few decades so court rules may have changed, but I've never heard of any procedures such as you wrote about.
I'm wondering what the source is for your comments. Could you elaborate, please?
And KatieKat, the OP posted 6 days ago and hasn't returned. That happens a lot, especially if the OP doesn't get the support anticipated for his or her question.
all i can say is this is a perfect example of rotten children robbing their parents when they are most vulnerable!!! disgusting!! hope you find an answer here!!!
"The father's account that he is joint on in order to help Father becomes entirely his asset if he is sued due to the accident! In other words, the court can order all the money in the joint account be paid to cover the lawsuit. "
Dot, what is your source for the statement that the account would segue to be solely the asset of the son? I think it really depends on how the account is titled and how ownership is held.
Secondly, unless the son has no insurance, his auto insurance carrier will pay the defense attorney of its choice to defend the lawsuit. That means the insurance carrier foots the cost of the lawsuit.
ONLY IF there is a judgment which exceeds policy limits will the plaintiff's attorney look to what other assets might exist. And in my experience from auto neg cases decades ago, typically any catastrophic judgment would in fact be handled by the plaintiff's attorney. The judge presides over the trial (unless it's a bench trial which auto neg cases generally aren't) until its conclusion, then the case is dismissed, with prejudice.
It's been more than a few decades so court rules may have changed, but I've never heard of any procedures such as you wrote about.
I'm wondering what the source is for your comments. Could you elaborate, please?
And KatieKat, the OP posted 6 days ago and hasn't returned. That happens a lot, especially if the OP doesn't get the support anticipated for his or her question.