QUESTION
I am my brother's trust executor and my brother has an alcohol addictions, who is liable if he hurts someone if driving?
Asked on Nov 23rd, 2012 on Personal Injury - New York
More details to this question:
I am my brother's trust executor and my brother (51 years old) has an alcohol addiction. He currently is waiting his court date for his DUI and license suspension. Who is liable if he hurts someone if driving under the influence? Is his trust at risk? Could I be liable?
7 ANSWERS
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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He is.
Answered on Apr 15th, 2013 at 6:43 AM
Ronald A. Steinberg
If he is driving his car, then only he would be liable. If someone is driving a car which is owned by someone else, if they are driving with the permission of the owner, then both the owner and the driver are liable. If someone is driving without permission, and if the lack of permission can be proven, then ONLY the driver is responsible.
Answered on Nov 29th, 2012 at 7:11 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are liable if you permit or encourage him. He is liable and presumably anything he owns including trust property might be at risk of a judgment.
Answered on Nov 29th, 2012 at 4:05 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, in most instances, you would most likely not be liable personally. However, as far as his trust goes, a lot of that will depend upon how the trust is set up, what kinds of assets are in the trust, his rights and obligations in regards to the trust, as well as several other factors. You should consult with a local attorney as soon as possible in regards to these matters.
Answered on Nov 28th, 2012 at 7:20 AM
In that you are not your brother's guardian, you are not liable for his driving offenses. However, his trust may be at risk if he negligently causes injury and/or damages to someone else's property while legally impaired. You should discourage him from driving while under the influence of alcoholic, drugs or any other substance which impairs his driving ability.
Answered on Nov 27th, 2012 at 10:17 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Your brother is responsible for his drunken driving. Whether his trust fund can be tapped depends on whether there is a spendthrift provision in the trust. Ask your lawyer to consider changing it if there isn't one.
Answered on Nov 27th, 2012 at 7:35 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The Trust could be at risk if he injured someone and the damages were more than the insurance coverage.
Answered on Nov 27th, 2012 at 6:58 AM