Posted on: 14th May, 2008 11:55 am
MY 17 YEAR OLD BROTHER REAR ENDED SOMEONE IN HIS CAR THAT DID NOT HAVE INSURANCE AND OR REGISTRATION... MY MOM IS THE ONE WHO IS RESPONSIBLE FOR HIM... SHE DOES NOT OWN HER HOUSE OUT RIGHT... SHE IS MORE THAN LIKELY GOING TO BE SUED... EVEN THOUGH SHE STILL OWES ON HER HOUSE IS SHE ABLE TO USE A QUIT CLIAM TO SAVE HER HOUSE?
This a great question and one that you should get an answer from aReal Estate Attorney. You should be able to find one that would give you some free advice.
Sounds like your brother is legal adult age which should leave your mom out of the picture. However, I'm not an attorney and like Juanhdez recommended I would speak with an attorney.
Parental liability is not universal, it depends on you state. If you mom is the owner of the car, however, she can be liable on that basis. If there is a lot of equity in the house, it may be good to put the house in an irrevocable trust. Also look into a homestead exemption. If you are sued, you should hire an attorney who can answer these questions for you.
