KalishLawTexas' legal blog The Woodlands

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21 May 2012

Using Specific Powers of Attorney to Save you Time and Trouble
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It seems as if no matter how well you plan things, there are always scheduling conflicts. It’s too bad that we can’t be in two places at once.

The “Specific Power of Attorney” was created for people on-the-go. Using a specific power of attorney, you can designate someone to act in your place legally, and you don’t have to give them unrestricted access to your entire life.

You can use a specific power of attorney to name one particular person, acting in your place, to attend a specific meeting at a specific time, for a specific purpose. Your designated agent will be able to make decisions and sign documents in your stead. Their authority can expire on a certain date, or after a particular piece of business is concluded.

So, if the closing for the sale of your home sale in San Antonio is scheduled at the exact same time as closing for your home purchase in The Woodlands while you are in a mandatory meeting in Topeka, it’s still doable!

Perhaps you would like someone here in The Woodlands to be responsible for negotiating and handling the sale or purchase of some type of property (real estate, vehicle, or other personal property) while you are away on business in China for several months. A specific document can be created for that purpose.
Thanks to technology, we can fax, email, send overnight packages, skype, IM and Tweet. But in situations where you feel more comfortable with a live person representing you, remember that you have the option to create a specific legal document for that specific time and purpose. A business attorney can help you create the document so that it will be legally acceptable for your particular purpose.

Kalish Law Office- The Woodlands, Texas- Business and Family Attorneys. “Passionate, Professional and Personal. We make the Difference.” Since 1984 http://www.kalishlawtexas.com
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14 May 2012

Filing a Deed after a Probate Case is Finished
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If you have inherited property in Texas, and have already gone through the probate process, don't forget that you may still need to have additional documents filed in the county real property records. This filing is the final step to transfer ownership, puts other people on notice that you own the property, allows the taxing authorities to update the account, and will be available to a title company in case you should ever decide to sell the property.
In some cases, a deed will need to be filed that shows that you are now the owner of the property.

In other cases (depending on the situation), an order from the probate court may be able to be filed in the real estate records of the county where the property exists. (however, these are very specific cases called "muniment of title" in Texas. States other than Texas may still require a deed).

A deed from the estate must be prepared in a specific way, so that it is clear that the estate is transferring the property to the beneficiary/new owner.
Proper preparation and filing of the final paperwork will prevent questions later on, will insure that ownership is clear, will prevent disputes and allow the property to be sold or passed by will when the time comes.
If you have gone through probate and inherited property, make sure that these final steps are performed, to prevent any loose ends.

Kalish Law Office: Wills and Probate Attorneys, The Woodlands, Texas Since 1984
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3 May 2012

YES, You do Need a Will if you Have a Minor Child!
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EVERY parent who has minor children should have a current, valid will.

Your will should state who you want to care for your child if you are no longer around. In many cases, your first choice of guardian will be the child’s other parent (or stepparent).

In addition, it is always best to have an alternate guardian as well, just in case the first guardian is unwilling or unable to take over the child’s care.
When choosing a guardian, consider relationship that the person has with your child, their lifestyle and geographic location. For instance, if your minor child is in the last few years of high school in Houston, Texas, it may not be a good idea to choose a guardian in Minnesota.   The best-case scenario will be one in which the child’s school life is disrupted as little as possible after a tragic loss.

The “bachelor uncle or clueless aunt” has been a popular theme in TV sitcoms and movies.   These stories typically involve a man or woman who has no clue how to even speak to a child suddenly becoming a full-blown parent overnight. Plus, this “instant parenthood” is usually a total surprise. While hearing an adult say “Gee, what do you feed them?” can be hilarious on TV, it probably wouldn’t be so great in real life. Therefore, I suggest that you always ask the person who you are naming as guardian if s/he would be willing to take on the responsibility of child-rearing.

In addition to being a lot of responsibility, raising a child is expensive. You are going to want to make sure that whatever you have (whether your wealth is large or small) is available for your child’s needs.   The best way to do this is to give that property or money to your child, with a Trustee looking over it.   That can easily be accomplished in your will.

If you have a minor child, you should have a will. Whether you are married or single, a young parent or a more mature one, wealthy or not, you should have a will. If your child is one day old or 17 ½ years old, do it! Don’t delay.

Kalish Law Office: The Woodlands, Texas

Wills and Trusts, since 1984
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24 Apr 2012

Houston Divorce Attorney: Divorce Tips
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Video: Our Attorney Bob Kalish is interviewed for Examiner.com by Houston relationship Therapist Gina Gheller.

Topics covered include: Open communication with your attorney, Attorney-client confidentiality.

Kalish Law Office The Woodlands, Texas Divorce Attorneys - Since 1984
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17 Apr 2012

Divorce Do's and Don'ts: video interview
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Houston Relationship Therapist Gina Gheller interviews our attorney Bob Kalish about divorce dos and don'ts. Topics discussed include: Is property always divided equally? What if one spouse stays home to care for the children? What if one spouse puts another through school? How can a therapist help? What not to discuss with the children, Learning to communicate with your ex.

http://exm.nr/HQVPwX
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3 Apr 2012

Can you Really "Prepare" for a Divorce?
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Can you really ever prepare for a divorce?  Although people handle divorce differently, you can do some advance preparation from a legal point of view.   It is harder to prepare emotionally, even if you are the one who desires the divorce, and even you know that it is the only option. Counseling can help prepare you for the emotional ups and downs that follow.

Legally, there are some things that you can do to get ready.  Many people try to "tough it out", not asking for help or advice and hoping that everything will fall into place when the time comes. But having a legal consult well in advance can help make things easier for everyone.

At a legal consult, you can discuss:

1. What are the options for dividing the property?

2. Are any of the property, accounts, or debts likely to be considered one spouse's "separate property"?

3. How can a family business be divided?

4. How can bonuses that are earned, but not yet paid be divided?

5. What might happen with income tax liability or an income tax refund?

6. What amount of child support am I likely to recieve/be required to pay?

7. What are the options for custody and visitation?

8. What about dating during the divorce?

9. How do I deal with issues of cruelty or infidelity in the marriage?

10. How long does it take to file the paperwork?

11. How will my spouse be notified that I filed?

12. How much does it cost?

13. How long does it usually take to get divorced?

14. How do we do this without missing payments on the house or car?

15. Will I be able to move away with my children after the divorce?

16. Can I buy a home or refinance our home while I am getting a divorce?

17. What if we can't come to an agreement and have to go to trial?

The initial consult can help you understand all of your options and help you decide if you are really sure that you want to proceed. Everything that you discuss is confidential, and you don't have to proceed with a divorce. You can go away and think about it and return later, or never.
If you are contemplating a divorce, don't be hesitant to learn all that you can to help in your decision-making process.

Kalish Law Office "Passionate, Professional and Personal. We Make the Difference". Since   1984.
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26 Mar 2012

Understanding Hague Adoption Law: Why it is so Important
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We are often called on to consult with prospective adoptive parent(s) about potential foreign adoptions.   In some of these cases, the child is already known to the parent(s). The “known” child may be a relative or “friend of a friend”.

Stricter international adoption laws have been enacted in recent years, in order to prevent child abductions, selling of children and abuse of the system. These laws also prevent adoptions which are sought solely in order to circumvent other immigration laws.

The Hague Convention on International Adoption is now law in many countries. The 'normal' procedure involves potential parents applying to adopt and waiting to be matched with a child, therefore it is much more difficult to adopt a “known” child. There are “exceptions”, but these are often poorly defined and difficult to prove.   Therefore, a couple who wants to adopt a niece or nephew, or a child of a friend may have a difficult (or impossible) goal in mind (depending on the circumstances and the countries involved).

The paragraphs above apply to "Hague Adoptions". In the case of a U.S. parent seeking to adopt from a foreign country that has not ratified the Hague Convention, a different set of laws apply. Still other difficulties can arise.

Each adoption is different, and the facts of the case and the laws of the individual countries must be considered.   There is not one, standardized model to follow, and the laws can be confusing. Under this system, it is possible for a couple to go to a foreign country, adopt a child under the laws of that country, and never be able to legally bring the child to the United States. (this can even happen if one of the adoptive parents is a citizen of the foreign country).

Due to the changes in international adoption law and also in U.S. immigration law, it is not safe to assume that as long as the adoption is done “for the right reasons” everything will be fine.   If the laws are not followed specifically, and the steps done in the proper order, a family can end up in a situation where family unification is difficult or impossible.    Another costly and exhausting scenario involves having to void an improperly obtained adoption and re-do the entire thing, in the proper order and with the proper documentation. There is always the potential for something to go wrong the second time, which would be a heartbreaking situation.

After many years of working with foreign adoptions, if I were asked to give one piece of advice to potential parents it would be this:  PLEASE, get ALL of the facts about ALL of the laws involved and seek a legal consult EARLY with an attorney who is familiar with international adoption law, U.S. immigration law and the family law of your state. Do this BEFORE you fall in love with a child and BEFORE you make plans which affect the future of the entire family.

Kalish Law Office has been representing adoptive families since 1984.
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14 Mar 2012

Protect your Interests: Scan, Copy, and Organize your Important Documents
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Sure, it sounds like a lot of trouble, but once you get a procedure in place, it won’t be difficult.

You should always know where your important documents are located. You should also have photocopies or scanned copies of the most important of these documents.

Scanning a document into your computer and then storing it as a pdf may be the quickest way to keep yourself organized. This also helps you to do a “search” for a specific term on the computer screen, rather than reading through an entire contract. You can organize the folder by subject or by year.

If you don’t like to work on the computer or don’t have a scanner available, you can make photocopies of the documents. But don’t put them in the same location as the originals, in case of fire, flood or disaster.

Here is a partial checklist of important documents:
1. Insurance policies, booklets and contracts (life, health, auto, business, property, flood)
2. Original will and trusts documents you have signed
3. Powers of attorney and health care documents
4. Immigration papers (certificate of citizenship, legal permanent resident card, receipts for pending applications)
5. Passports
6. Driver’s license
7. Birth certificates
8. Death certificates of family members
9. Identifying account information for policies
10. Home and property deeds
11. Titles to autos
12. Information about retirement accounts
13. Medical information and history
14. Legal information and history (case number and date of past lawsuits)
15. Corporate books and papers, partnership agreements, certificates of filing with the state
If any of the documents are unable to be effectively scanned or copied (some documents, especially government documents may not be able to be), then at least keep a list of the pertinent information on the document (date, number, etc.) that would enable you to replace it if necessary.

Don’t rely on your doctor, lawyer or CPA to keep documents for you. Even in the age of scanning and electronic records, most professionals do not keep records forever and may not be available if you need something quickly.

Kalish Law Office The Woodlands, Texas; "Passionate, Professional and Personal. We Make the Difference." Since 1984.
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5 Mar 2012

Child Support Evaders photos on website, (and other consequences of non-payment)
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The Texas Attorney General Child Support Division exists to collect child support for Texas children. Child support evaders who go "underground" to avoid making child support payments may find their photos and descriptions on the Texas Attorney General website. The Evaders program asks for help in finding these child support evaders and features a toll-free number to call with information.
Other consequences of non-payment of child support can include:

1. felony criminal prosecution and jail in some cases

2. confiscation of tax refund

3. inability to renew Texas Driver's License

4. inability to renew passport or negative effect on immigration status

5. civil warrants and lawsuits

6. liens against property

7. loss of respect

Orders to pay child support are valid and should not be ignored. The moral obligation to support a child should be enough but everyone should be aware that there are very serious legal consequences as well.

Kalish Law Office, The Woodlands, Texas "Passionate, Professional and Personal. We Make the Difference." Since 1984
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28 Feb 2012

Temporary Spousal Support While a Divorce is Pending in Texas
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If you are planning a divorce, you should be aware that you may be able to receive temporary spousal support while the divorce is pending, if you make significantly less than your spouse, you are unemployed or you are unable to work.

In order to receive this, you will need to have the judge sign “Temporary Orders”. These orders can be agreed to by both spouses, arrived at after a contested court hearing, or be entered after mediation, as a mediated agreement.

Spousal support is separate from child support, but child support is given priority and the amount of child support that is being paid, if any, will be considered.
You should be prepared to show detail about your expenses and needs, going back several months. Be ready to show evidence, and specific numbers, about what your needs have been and what you realistically expect them to be during the time the divorce is pending.

Kalish Law Office The Woodlands, Texas; "Passionate, Professional and Personal. We Make the Difference." Since 1984.
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