A. In spite of all of the confusion and turmoil, try to do the following:
1. Call the Police and file an accident report even if you think the damages are minor.
2. Give the officer a full and accurate report of the circumstances of the accident.
Give the facts but do not speculate or guess about the causes.
3. Do not attempt to tell the officer of the extent of your injuries.
Shock and the effects of adrenalin often mask injuries at the time of the accident.
4. If possible, ask someone at the scene to get names and addresses of witnesses.
5. Go to your medical care provider as soon as possible.
You may not be aware of the extent of your injuries.
6. Contact your attorney.
Family Law
Q: We are thinking of getting divorce and the car and bank accounts are titled in my spouse’s name. Do I have any rights to these assets under community property laws?
A: Washington law affects both assets and debts. Generally, all assets acquired by either party after marriage are presumed to be the assets of both parties regardless of which party is on the title. Exceptions include specific gifts and inheritances. Likewise, all debts incurred after marriage are generally considered the obligation of both parties regardless of who signed for the debt. There are several exceptions, so check with your attorney.
Bankruptcy
Q: We seem overwhelmed with bills and my creditors are calling me at home and at work. How would filing for personal bankruptcy protect my privacy?
A: Either of the regular forms of personal bankruptcy protection, Chapter 7 or Chapter 13 protection, would normally protect you from collection actions both at your work and at home. While these forms of individual bankruptcy differ considerably in how your creditors and debts are handled, usually they both immediately establish a “stay” or stop on all collection actions by your creditors during the bankruptcy proceedings. See your attorney for further considerations. Criminal Law
Q. Should a person take the voluntary Breath Alcohol test if they are stopped for suspected DUI?
A. Always Take the test. If stopped for a suspected DUI, a refusal to take the “voluntary” BAC test results in the presumption of DUI and that presumption carries much more severe penalties than even a high BAC reading. In addition, the DOL will suspend the person's driving license for at least one year for a refusal to take the “voluntary” BAC test. Whether you have taken the BAC test or not, you will need a good attorney.
Wills, Trusts, and Probate Law
Q: My Will is several years old, is it still any good?
A:The answer to the question will depend upon whether your current will still reflects you wishes regarding the division of your assets and whether changes in circumstances warrant provisions to protect your estate from taxation or unanticipated claims against what you intend to leave to your heirs. You may want to provide for a loved one but protect them from creditors or inheritance taxes. You may need to ask yourself what circumstances you want to cover and then seek the counsel of a qualified attorney to review what provisions you have made for those circumstances.
Law Offices of C. Edward Adams, Suite Two
7512 Stanich Avenue
Gig Harbor, WA 98335
Phone: (253) 853-4171/Fax: (253) 853-4172