My husband has been charged with assault 2. Case is pending. I am concerned that a civil lawsuit will follow. I spoke

Expert's Assistant chat
Customer: my husband has been charged with assault 2. Case is pending. I am concerned that a civil lawsuit will follow. I spoke with my estate planning attorney and he suggested that I consult a civil attorney to see how to protect assets.
JA: The Family Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: Oregon
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so
Answered by Ashley Paige Esq. in 5 mins 2 months ago
imglogo
Ashley Paige Esq.
10+ years of experience
logo

4888 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Ashley Paige Esq.
10+ years of experience
logo

4888 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Ashley Paige Esq., Expert

Hello there. My name is***** am an attorney and am happy to help you with your legal questions or concerns. Please remember I can only provide general legal information and there is no attorney-client relationship between us.

Please give me a moment to review your question.

img

Ashley Paige Esq., Expert

I am sorry to hear your husband is having some trouble. Can you tell me what your specific question related to this is or are you looking for assistance in finding a local civil litigation attorney?

Customer
My estate lawyer suggested that I have my husband release his interest in our trust. But he doesn't know if that would protect the assets if he were to get sued. I also want to know if I am liable if we were to get sued just because we are married.
img

Ashley Paige Esq., Expert

Depending on what type of trust it is and how trust is written would really determine whether any assets held in trust could be reached by a judgment. If your estate lawyer drafted it - they should know the answer to that.  As far as you- you would not be personally liable for any judgment and they could not try to collect against any assets/property in your name alone.  However if you own assets together, for example a house and a bank account. A lien can be placed against the house and the bank account and any other shared assets could be frozen or seized in an attempt to collect a judgment against your husband.

Customer
What my estate lawyer is questioning is if my husband releases his interest at this point before any suit has been filed but after the incident would that be construed as his release was in anticipation of a suit there fore the release would be meaningless. Our real estate and personal property are in the trust.
img

Ashley Paige Esq., Expert

Well if the release/transfer is done after the incident and after civil litigation has been threatened (or commenced) it could be considered fraud.  When you say you suspect a civil suit, what is your basis for that?

Customer
There are medical bills and the alleged victim strikes me as someone who might see this as an opportunity. No threat of litigation. Just a feeling.
Customer
I certainly do not want to do anything that can be construed as fraud
Customer
An ambulance ride and four stitches are the expenses I know about. I have yet to see the police report.
img

Ashley Paige Esq., Expert

Ok, I understand that.  My suggestion would be to consult with a local civil litigation attorney- take the trust for them to review at the consult. Once they have a better understanding of what happened, how your assets are titled and the type of trust you have they can give you guidance on whether or not you can do anything now (before any discussion of a civil litigation) to protect any of it.

Customer
Ok. Can you recommend someone in the Eugene area?
img

Ashley Paige Esq., Expert

Sure take a look here https://www.martindale.com/civil-litigation-lawyers/eugene/oregon/  that is a list of civil litigation attorneys and law firms in your area. I use martindale because it is a very reputable nationwide legal directory. They rate attorneys based on peer and client reviews (some of which you can read on the site), note any awards of distinction, ensure no grievances have been filed against them and provides you with some helpful information about the attorney and firms.

Since there are a lot of them listed you may want to use some of the filters on the left to narrow it down. For example, you could choose to add personal injury as another area of practice - that cuts the list down a lot and you want someone with that experience as this would be a personal injury lawsuit.

Customer
Ok. Thank you.
img

Ashley Paige Esq., Expert

You're very welcome. Do you have any other follow up questions on this I can help you with?

Customer
No. I have contacted a local attorney and am waiting for a call back.
img

Ashley Paige Esq., Expert

Ok great.  If that explains everything to your satisfaction, I wish you and your husband the best of luck resolving this. To ask me another question in the future, just type @AshleyPaigeEsq and you’ll be able to tag me in the question.

Take care and have a terrific evening.

Customer
Thanks!
img

Ashley Paige Esq., Expert

You're welcome.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer