Legal Question in Personal Injury in California

Auto Accident

My brother was in a fender-bender accident without car insurance. The other party is now suing him for medical & auto damage. He is unemployed and has no savings/retirement of any sort. Before my mother died she put her home under our names. Therefore we own this home together. Can they go after the home or is he protrected by the Homestead Act or any other law?

Thank you-


Asked on 8/21/04, 12:51 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Auto Accident

The property can be levied upon if they get a judgment, and it is too late to transfer it out of his name. Homesteading can help a little. He needs an attorney to defend against a large judgment. Contact me if interested in getting experienced help.

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Answered on 8/23/04, 4:13 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Auto Accident

The homestead exemption will protect up to $50,000 of his equity in the home if it is his principal residence. That amount may be higher if he is disabled and/or over 65.

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Answered on 8/23/04, 4:14 pm


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