Frequently Asked Questions
Do you have questions about estate planning or the probate process? Do you need to know more about family law in Dallas? Are you wondering if you have a personal injury case? Are unsure if you need a lawyer?
The Ashmore Law Firm, PC provides the answers to frequently asked questions (FAQs) about estate planning, probate law, family law and personal injury law. Please select a category from the box below to narrow your FAQ search.
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What is the difference between Med Pay and PIP?
Medical Payments (Med Pay) will cover the medical payments of you and your passengers in your vehicle if they are injured in a crash. Personal Injury Protection (PIP) includes medical payments coverage but also will cover other documented losses such as your lost wages.
You may also be required to repay any benefits you receive under your Med Pay policy in the event you recover from the at fault driver's liability insurance. However, there is no subrogation right as to PIP benefits.
As for reimbursement of your Med Pay benefits, it may depend upon the specifics of your situation as there are legal arguments that can be made against repayment if you are not "made whole" by the third party settlement due to lack of insurance coverage.
What advice do you have for rental car insurance coverage?
You can purchase hired automobile physical damage on your automobile policy. We have two areas of caution. First, your rental agreement may require you to reimburse the rental company for their loss of rental income when their vehicle is wrecked. Most policies do not cover that exposure (but many credit cards do). Second, this coverage only applies to the named insured of this policy. When you rent your vehicle, remember to draw up the contract with your company name. If the rental agency does not allow that, then make sure that you sign your name followed by "on behalf of" your company name.
Are my permanently installed stereos, radios, and car phones covered?
There is no standard industry coverage for these items. If your policy does not have a specifically worded endorsement addressing this coverage then it is probably not included.
I keep one auto strictly for business. Do I need a separate policy?
Yes. Whether you have one vehicle or several, you will need a business automobile policy. Such a policy covers any motor vehicle used in your business, including cars, vans, trucks, and trailers pulled by trucks, and offers coverage if they are damaged or stolen. It also covers liability if the business vehicle is in an accident and the driver is at fault. This policy is not for truckers or commercial garages, which have special liabilities and must secure special policies that deal with their different needs. Businesses that have a fleet of vehicles will of course have different needs than a business with one or two, and their policies will reflect these differences.
My husband has passed away and left a will to divide his assets between my children and myself. Can I just go ahead and do so or do we need to probate the will in court?
A will can be probated in a couple of different ways. It would be advisable to consult with a Probate attorney to determine if probate is necessary and how the Will should be probated.
We are adopting a child from a foreign country. How can we legally bring her here?
Your family law attorney can help you to navigate through immigration challenges as well as work to finalize your adoption.
I have a restraining order against my ex-husband. For how long is it in effect?
Not all restraining orders have a time component. Consult with your family law attorney to determine if the protective order is still in force or if you will need to apply for protection again.
My partner and I have lived together for 10 years and want to have our union recognized as a common law marriage. What can we do?
There are very specific requirements in order to establish a common law marriage. By consulting with a local family law attorney, you can get valuable information on how to have your union qualify as a common law marriage.
My 17-year-old child says I have no right to run her life and wants to be declared independent. Don't I have control until she is 18?
Parents are often faced with tough challenges when their children make poor decisions. Your child can go through the courts to be declared independent, but by consulting a family law attorney, other solutions may be found.
My husband and I have no other family, do we still need a Will?
Although the Texas law assumes that a deceased spouse's assets will pass to the other spouse when no Will is present, it is always recommended that you have a Will.
There are many variables that are considered when a Will is prepared that may not be considered otherwise. A Will ensures your assets will be distributed according to your terms.
I'm the executor of my mother's Will and am getting calls about debts, what should I do?
Before paying any debts on your mother's estate, you should talk with a probate attorney to examine the debt thoroughly to ensure that it is valid and must be paid.
What is the difference between a will and a living will?
A will disposes of your estate according to your terms. A living will defines how you would like certain aspects to be handled at the end of your life so that others do not have to make decisions on your behalf.
What does it mean to have Power of Attorney?
When someone has Power of Attorney for another individual it means that should the other individual become incapacitated, the person holding Power of Attorney can make decisions on their behalf.
My fiancé wants me to sign a prenuptial agreement because his family is worried that if he inherits their money, I will get it. What should I do?
A prenuptial agreement often protects the rights of both parties. You can participate in the creation of a prenuptial agreement so that provisions are made for your own well being should your marriage terminate in divorce.