Legal Eaze #69 Hit and Run/Will

Title: May 23, 2007

Q. I attended a court hearing and parked my car on the street in front of the Courthouse because there was simply no parking available in the parking lot. When I came out of the hearing, my bumper had been torn from my car, the whole side of the car had been scraped and no one in sight that witnessed the accident. What am I supposed to do now?

A. The first thing you must do is to call the police and report the “hit and run” accident. Second, you have to call your insurance company and report the claim. Third, you have to arrange to get your car repaired. Fourth, hopefully your insurance will cover a rental car so that you have a vehicle to get to work and continue on with your life. If your insurance does not cover the rental car, you will have to pay for it out of your own pocket. Obviously, you do not know who hit your car, and unless you find a witness to the accident, you will never find out. Your own insurance will cover your loss. You will have to pay the deductible.

Q. I am young, poor and single. Why should I have a will?

A. If you are single and die without a will, all of your assets will generally go to your next of kin. If you do not have any children, and your parents are still alive, that means they will get your diary, the one in which you wrote all of your dirty secrets when you were a kid, your love letters, porn stash, naked photos or private sex videos of you that your ex-girlfriend took, items that you would rather have your parents know nothing about. You need to name an “executor”, someone you trust to dispose of the private things you would prefer be destroyed or go to a specific person. If you have a dog or a cat, your will can designate who will take care of your animals. It is important to specify how your pet will be taken care of and by whom. If you get married and have children after you write your will, you need to update it. One should always update his/her will when a major event occurs, or if you experience a significant change in your financial situation. You can also exclude anyone of your choosing from receiving anything under your will. Consider that a will, at the very least, is the insurance that your assets will go where you want them to go. I also advise anyone who owns real estate to have a revocable living trust.

Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880