Car crash and inadequate check leave neighbor in awkward spot
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: I had a fender bender with a neighbor in February. We agreed no insurance companies would be involved. Repairs to my car were $1,200. He mailed a check for $600, which resulted in an insufficient funds notice that cost me $14. Is there anything I can do? I don’t want to sue.
A: You could report the claim to your insurance company, but taking into account your deductible and the possibility that your premiums might increase upon renewal, you might come out even worse off, with more money out of pocket than if you didn’t file a claim.
You could keep calling and knocking on your neighbor’s door to try to pressure him into paying you. But that might be awkward, and possibly even dangerous.
If you don’t want to sue, and it’s impractical to file a claim with your own insurance company, it would seem you have no other recourse than to drop the matter.
Q: My housekeeper and her husband are planning an amicable divorce without an attorney. He wants to transfer his half of their house to their two daughters. Can he sign a quit claim deed giving them his ownership? What’s the best way to accomplish this without paying an attorney?
A: As to the divorce, it is always best to hire an attorney, but if that is not an option for them, they can find all the divorce forms they need, with detailed instructions, at texaslawhelp.org.
However, these forms merely effectuate the divorce and the division of their property between the two of them. Getting half the house into the names of the two daughters is another matter altogether. And importantly, there could be issues with the lender (if they have one), property taxes, insurance, utilities, gift taxes and more. Plus, if the daughters are minors, there could be additional issues as well.
Also, quit claim deeds should almost never be used in Texas, as they are typically used to clear up title issues rather than transfer ownership.
Deed forms for the transfer of the house to the two daughters are not freely available on the website mentioned previously as part of the divorce forms. Accordingly, they should seek the advice of an attorney before doing anything with the house other than dividing ownership between the two of them.
Q: My wife and I each have wills that distribute our assets to four of our nieces and nephews. We also have several individual retirement accounts that name these nieces and nephews as beneficiaries. Can we add another niece to our IRAs without changing our wills?
A: Yes, you can. In fact, that is a common way to provide for the beneficiaries of your estate without having to pay a lawyer to change your will.