Title: May 9, 2007
Q. What’s the difference between a living will and a living trust?
A. A living will is a document that spells out last wishes as far as should anything happen that makes one unable to make health care decisions, another can make such decisions in his/her place. The case of Terry Schiavo, the woman whose life was in limbo for some 15 or 20 years while her husband wanted her to be let die in peace and her parents wanted to keep her alive made it all the way to the Supreme Court. I believe she had an accident that left her in a coma. When it happened, she was a young woman. Most people in their twenties do not have a living will, because they do not think of death at their age. Unfortunately, life happens and so does death and life in between. On the other hand, a Living Trust is a document that is set up by a trustor who transfers his real estate and personal estate into an entity called “A revocable Living Trust”. Revocable means it can be changed during the life of the trustor. The property transferred into a Living Trust is managed by a trustee, who can also be the trustor. The trustor must name a successor trustee if he is also acting as the original trustee. At the trustor’s death, all the property that was transferred into the living trust then goes to the beneficiaries. It is the successor trustee’s job to make the transfer smooth. By setting up a Living Trust, the estate of the deceased need not go through Probate, a sometime very long court process that can be very costly. Depending on the complexity of the living trust, it can cost anywhere from $1500 to $5000, or more. The initial cost may appear to be high, but Probate Court cost a lot more.
Q. The winds that we experienced in Tehachapi in the past couple of weeks have damaged a large tree owned by my neighbor. A big branch broke and ended up on the roof of my garage, causing a gash that is going to cost several thousands of dollars to fix. I have not seen my neighbor in at least a month. I believe he is just a part-time resident here. What should I do?
A. You need to contact your homeowners’ insurance company. They will take care of the subrogation, in other words, they will contact the owner next door and ascertain what insurance he has and get reimbursed by that insurance. You must not wait until you have additional damage, otherwise you may have to pay for the additional damage yourself.
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
Showing posts with label health care. Show all posts
Showing posts with label health care. Show all posts
Monday, March 23, 2009
Thursday, March 12, 2009
Legal Eaze #37 Hepatitis from Restaurant, School Bus Accident
Title: December 7, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I heard that several people caught Hepatitis A from patronizing a local restaurant. A member of my family went there not long ago. I am very concerned for my family’s health. What is the restaurant’s liability for making people sick from contaminated food?
A. If getting Hepatitis A can be traced to contaminated food from this restaurant, the owner(s) of the restaurant will be liable for any damages sustained as a result of catching this dreadful disease. Infected individuals can unknowingly infect others two weeks prior to feeling ill themselves. So you are justified in being concerned. Damages the restaurant’s owners can be sued for include medical care, income loss, pain and suffering, mental anguish, loss of consortium, etc. Hepatitis A is a serious disease and kills approximately 100 people in this country every year. Tracing of the origins of the disease must be confirmed however before filing any lawsuits. So, you must be sure that the disease was contracted due to contaminated food or unsanitary conditions at this restaurant.
Q. My son rides on a school bus everyday. Because the bus driver has ill feelings towards my son, he must sit in the front row everyday. I was informed by him that because he is in the front row, he can see everything in front of the bus and what the driver is doing while driving the bus. The driver is constantly watching the rear of the bus through her back view mirror instead of watching where she is driving the bus. Not long ago, she almost hit a child who was right in front of the bus. I am fearful that this driver is going to cause an accident pretty soon while she has several children as passengers. What can be done about this?
A. First and foremost, I would let her supervisor know that her driving is dangerous. It is indeed the duty of a school bus driver to ensure that the kids in her care behave. But, her first duty is to ensure their safety. If supervision of the children becomes her primary focus, then she needs to have a driver who will focus on driving the bus. By notifying her supervisor, the school district will become aware of the dangers the children are facing while in this bus driver’s care. If an accident does occur, the school district will become liable through the “respondeat superior” theory which means that the employer becomes liable for damages incurred as a result of their employee’s negligence while she is working.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I heard that several people caught Hepatitis A from patronizing a local restaurant. A member of my family went there not long ago. I am very concerned for my family’s health. What is the restaurant’s liability for making people sick from contaminated food?
A. If getting Hepatitis A can be traced to contaminated food from this restaurant, the owner(s) of the restaurant will be liable for any damages sustained as a result of catching this dreadful disease. Infected individuals can unknowingly infect others two weeks prior to feeling ill themselves. So you are justified in being concerned. Damages the restaurant’s owners can be sued for include medical care, income loss, pain and suffering, mental anguish, loss of consortium, etc. Hepatitis A is a serious disease and kills approximately 100 people in this country every year. Tracing of the origins of the disease must be confirmed however before filing any lawsuits. So, you must be sure that the disease was contracted due to contaminated food or unsanitary conditions at this restaurant.
Q. My son rides on a school bus everyday. Because the bus driver has ill feelings towards my son, he must sit in the front row everyday. I was informed by him that because he is in the front row, he can see everything in front of the bus and what the driver is doing while driving the bus. The driver is constantly watching the rear of the bus through her back view mirror instead of watching where she is driving the bus. Not long ago, she almost hit a child who was right in front of the bus. I am fearful that this driver is going to cause an accident pretty soon while she has several children as passengers. What can be done about this?
A. First and foremost, I would let her supervisor know that her driving is dangerous. It is indeed the duty of a school bus driver to ensure that the kids in her care behave. But, her first duty is to ensure their safety. If supervision of the children becomes her primary focus, then she needs to have a driver who will focus on driving the bus. By notifying her supervisor, the school district will become aware of the dangers the children are facing while in this bus driver’s care. If an accident does occur, the school district will become liable through the “respondeat superior” theory which means that the employer becomes liable for damages incurred as a result of their employee’s negligence while she is working.
Wednesday, December 31, 2008
Legal Eaze #4 Plumbing Code/ Health Care/ Affidavit of Death
Originally Printed: August 4, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. When I bought a house two years ago, the septic system was pumped, inspected and certified. I decided to sell it and I had to have it re-pumped, re-inspected and re-certified. I hired a different company but was informed that the septic tank was in violation of the Uniform Plumbing Code and its inspector refused to certify it, stating it would have to be moved before certifying it. Of course, I contacted the first company and after spending money for their industrial engineer, his report stated that despite the non-compliance, the structural integrity of the house was not affected. Nevertheless, I had to pay $4,700 to have a new septic tank installed in order to sell the house. Who is at fault?
A. The company that inspected and certified the septic system when you initially bought the house needs to stand behind their inspection and certification. The fact that you needed another pumping after only 18 months of use should have been a clue there was something wrong with the system. You may also look to the predecessor owner of that house for failure to disclose, especially if the system needed to be pumped more often than what is considered normal.
Q. My mother has Alzheimer’s and she can no longer take care of herself and her affairs. What can I do?
A. I hope you, or someone else, have Powers of Attorney for Health Care and Financial Decisions over her. If you do not have such powers, you must file a Petition to become her conservator, that is, you ask the Court’s permission to become the person responsible for making decisions about her health care and about her financial affairs. You cannot represent yourself in such a petition, you must be represented by an attorney.
Q. My father and I owned a house as joint tenants. He died three months ago and I want to sell the house. What must I do?
A. You need to file an Affidavit of Death with the county recorder so that title of the house will be transferred into your name alone. One of the advantages of owning property in joint tenancy is the right of survivorship, i.e. the property will be owned by the survivor. But you need to let the county recorder know that one of the joint tenants died.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. When I bought a house two years ago, the septic system was pumped, inspected and certified. I decided to sell it and I had to have it re-pumped, re-inspected and re-certified. I hired a different company but was informed that the septic tank was in violation of the Uniform Plumbing Code and its inspector refused to certify it, stating it would have to be moved before certifying it. Of course, I contacted the first company and after spending money for their industrial engineer, his report stated that despite the non-compliance, the structural integrity of the house was not affected. Nevertheless, I had to pay $4,700 to have a new septic tank installed in order to sell the house. Who is at fault?
A. The company that inspected and certified the septic system when you initially bought the house needs to stand behind their inspection and certification. The fact that you needed another pumping after only 18 months of use should have been a clue there was something wrong with the system. You may also look to the predecessor owner of that house for failure to disclose, especially if the system needed to be pumped more often than what is considered normal.
Q. My mother has Alzheimer’s and she can no longer take care of herself and her affairs. What can I do?
A. I hope you, or someone else, have Powers of Attorney for Health Care and Financial Decisions over her. If you do not have such powers, you must file a Petition to become her conservator, that is, you ask the Court’s permission to become the person responsible for making decisions about her health care and about her financial affairs. You cannot represent yourself in such a petition, you must be represented by an attorney.
Q. My father and I owned a house as joint tenants. He died three months ago and I want to sell the house. What must I do?
A. You need to file an Affidavit of Death with the county recorder so that title of the house will be transferred into your name alone. One of the advantages of owning property in joint tenancy is the right of survivorship, i.e. the property will be owned by the survivor. But you need to let the county recorder know that one of the joint tenants died.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
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