Questions Answered by Benjamin W Scott - Justia Legal Answers

• 20 March 2013Q: Concerning my property, i have 3 children and 1 is handicapped, I want to protect her and other kids. Any Suggestions
  A: Most likely, you will need to set up a trust or trusts to take care of your family. You can set up a special needs trust to take care of your disabled child and a separate trust for your other children. In fact, a special needs trust may allow your disabled child to remain eligible for certain public benefits too. You will definitely need an attorney to get things started, so find one of the many great attorneys on Justia to create the best plan for you and your family. Good luck.
• 14 February 2013Q: The police trying to make deals w/me for info, telling me they can help me for info. Can I get a pub. def before court?
  A: You definitely have the right to a lawyer, and you should take advantage of that right. You probably don't want to accept any deals until you've discussed it with your attorney. You are entitled to a public defender if you cannot afford a lawyer. Call the public defender's office, and they will help you see if you qualify.
• 14 February 2013Q: My daughter fell and broke her leg during a softball game on fields that were not suitable to play on can i sue?
  A: You can try to sue, but you will have some substantial hurdles to overcome. It's really going to depend on what you mean by not suitable to play on. Whenever someone engages in a sporting event, it's understood that there are certain risks such as falling and breaking a leg. It's also understood that there will be imperfections in the softball field. It also depends on whether or not the owners of the field actually knew about the dangerous conditions, whether they performed reasonable maintenance and inspection, and whether they acted reasonably. For example, if several people had reported injuries because of the field conditions, the owners should have done something to fix the problem. If the owners never did anything to inspect or maintain the field, you might have a case. If you're still thinking about suing, you'll want to talk to a personal injury attorney and tell the attorney all of the facts. Many personal injury attorneys will not charge you for the initial consultation.
• 12 February 2013Q: Can I create an accessory for a patented product?
  A: You should be able to create and sell an accessory without infringing on the original product. The patent owner only has a right to exclude others from making, using, selling, or importing the product without permission. The patent right does not exclude others from making accessories that can be used with the patent. If you plan on selling your product, you will want to meet with a patent attorney to see if your idea is patentable.
• 12 February 2013Q: Can a person who is a convicted felon enter into a contract when their crime involved fraud?
  A: They are definitely allowed to enter into contracts, but I would think twice before forming a contract with someone who has committed fraud in the past.
• 12 February 2013Q: Dealship didnt put o ring on new dodge charger and i drove 60 miles no oil. cant i get new car? do i need lawyer?
  A: If it's a new car and should be under warranty. In that case, you have to give them a chance to repair the vehicle. If they can't fix the problem after a reasonable number of attempts to repair it, then you can get a new car from the manufacturer. After you've taken it in for repairs 4 times for the same problem, it's presumed to be a reasonable number of repairs.
• 12 February 2013Q: Is an IRA or 401K considered Community Property or Seperate Property in a Living Trust?
  A: It depends on when you earned the money in the 401K and IRA. If you earned the money while you were married, it's community property. If you earned the money before you were married or after a separation or divorce, it's separate property. If you can trace how much was contributed during marriage and how much was contributed before marriage, then the accounts can be partially community property and partially separate property.
• 12 February 2013Q: What is the difference between a trustee and an executor?
  A: A trustee is the person who manages a trust. An executor is the person who carries out the instructions for a will and takes care of the estate of the person who died. A trustee will often have many of the same duties as an executor. If you are creating a living trust, it is sound advice to make sure that the executor and trustee are the same person.
• 12 February 2013Q: What size estate requires a living trust? How much would it cost to change trustee and beneficiary names ion a Living tr
  A: Although there is no minimum value needed to create a trust, you want to make sure that a trust is right for your circumstances. One of the most important benefits of a living trust is that assets will transfer outside of probate on your death. In California, estates under $150,000 pass outside of probate, and a trust will probably not make sense. If you have an estate over $150,000, you should see an estate planning attorney to see if a trust makes sense for you. Even if you still have a smaller estate, you should still see an attorney to help you create the best estate plan. For your second question, it depends on whether the creator (settlor) of the trust is still alive and whether it's a revocable trust. If so, it's a pretty simple process. The settlor just needs to create and notarize an amendment stating that he wishes to change the terms of the trust. You can probably do this yourself, but it's still a good idea to talk to an attorney. It shouldn't take an attorney very long to draft an amendment for you.