Top 5 Legal Questions Asked This Month

1) Should I sign a lease as a guarantor for my child?

-No, unless you don’t care about having to pay for the lease yourself when your child doesn’t.

2) Somebody wrote me a bad check what should I do?

-If someone wrote you a bad check they have committed a crime.  Most solicitor’s offices have a bad check office.  Report it to them immediately.  You can also sue them and receive three times the amount of the check.  In both cases, it is important to act as soon as you receive the bad check.  There is a small window of time to prosecute or collect the bad check.

3) What are the 3 most important documents I should have?

-Deed with joint right of survivorship, will, and Power of attorney.  Usually in that order.

4) Should I form an LLC or an S-Corp.?

-People ask me this question because they are wanting to protect their assets in case they get sued.  However, this question is not that simple to answer without having more information.  I advise people that we need to get their accountant involved because not only do we want to protect their assets in case they get sued, but we also want to protect their assets from being taken in the form of taxes.  Once we get their accountant’s input, then we usually get them started as an LLC or Corporation.

5) I was in a car wreck and medical provider will not take my health insurance.

-Your doctor or hospital does not want to be involved in your legal troubles.  You must insist that they file the claim on your health insurance even if the accident was caused by someone else.  Otherwise, you may be turned over to collections as you deal with the at-fault driver’s insurance company.

Rhett Burney
Attorney at Law
(864) 228-1616

Who Has to Pay if My Neighbor’s Tree Falls on My House?

Trees are great to have in your yard. They can add value to your home. They provide shade, and they are nice to look at, but what happens when a tree falls and causes damage to your home or to your neighbor’s home?

If your neighbor’s tree falls on your house, he may or may not be responsible for the damage. If the tree was known to be diseased or dead and it falls on your house, then your neighbor is probably liable. If the tree falls during a storm, then he would probably not be liable because this is considered an Act of Nature. However, if the tree fell over in a storm and the tree was diseased or dead then your neighbor would most likely be liable if it can be proved he knew or should have known about the poor condition of the tree.

In order to protect yourself in all of these situations, inspect your trees and make sure you have adequate homeowner’s insurance to pay for the damage in case a tree falls on your house.

Rhett Burney
Attorney at Law



Let’s say that you have taken all of the precautions you can, but you are still in a wreck. What do you do?  Depending on the extent of your injuries and the nature of the accident, here is a list of things you should consider doing if you are in a wreck:

  1. First, check yourself for injury. Next, check your passengers for injury. Also make sure no one in the other vehicle is hurt. Call 911.  If someone is injured, do not move them unless they are in danger, i.e. the car is on fire or in danger of being struck by a passing vehicle, the person is not breathing, etc.
  2. Understand where you are and make sure others can see you and your car.  Move your car if doing so would be safer.
  3. If you are injured, then you should seek medical care as soon as possible. You should do your best to follow your doctor’s advice. Your failure to seek medical care and follow your doctor’s advice could be very bad for your health and hurt your chances at being fairly reimbursed for your injuries and other losses.
  4. Do not admit fault at the scene. Statements made at the scene can be used as evidence against you. There will be time later to address who was at fault.  However, if the accident was your fault, you must tell the truth.