KalishLawTexas' legal blog The Woodlands

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28 Sep 2011

Adult Adoption or Simple Name Change?
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An adult person who wishes to be adopted may do so, and an adult adoption is generally simpler and quicker than the adoption of a minor child. This is because an adult can consent to his/her own adoption, and does not have to get the biological parent’s permission.

An adult adoption may include a name change for the adoptee, but it doesn’t have to.

The final and legal effect of an adult adoption is to sever the legal parental ties to the previous, still living, biological parent(s), and create new ties with the adoptive parent(s). Therefore, the adoptee must realize that s/he will no longer be the legal child of the former parent whose parental ties have been severed. (this can come into play if the former biological parent becomes ill or dies after the adoption. The adoptee will no longer have rights as “family” as to that former parent and may not be able to get in to the hospital, have a voice in decisions, or inherit).

The adult who is seeking adoption could also ask for a court-ordered name change, and change his last name to that of the family that he feels close to. The name change will give him the same last name as the family, but will not sever the prior relationship with his biological parents, nor will it create the parent-child relationship with the “new” family.

Both adult adoption and adult name change are relatively uncomplicated procedures legally (unless the person seeking the name change has a criminal history or it appears that s/he is trying to run from obligations or defraud creditors by the name change).

If the purpose of the legal action is to make the potential adoptee a full-fledged legal member of the family, with all the rights that family members have towards each other, including inheritance, then an adult adoption is the way to go.
If, on the other hand, the “adoptee” does not want to sever the legal ties with his/her biological family, but wants to bear the last name of his/her “other family”, a name change may be just the right remedy.

Kalish Law Office has been providing legal services to businesses and families for over 27 years. “Passionate, Professional and Personal. We Make the Difference.” Since 1984 Tenemos una abogada que habla español

www.kalishlawtexas.com
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19 Sep 2011

Help for Small Businesses Struggling to Keep up with Compliance Issues
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In 2004, a Foxnews.com carried a story titled “America Mired in Morass of Laws and Regulations”. (March 11, 2004)
The article stated: “The Federal Registry, which records all of the regulations the federal government imposes on businesses (all of which carry the force of law), now exceeds 75,000 pages. The Office of Management and Budget estimates that merely complying with these regulations — that is, paying lawyers to keep educated on them, interpret them and implement them — costs U.S. business another $500 to $600 billion per year.”

And that was in 2004.
Anyone who runs a business knows that there are more and more “compliance issues” every year. Filing for permits, completing online certifications, posting requirements, confidentiality regulations, and so on.    It is easy to get mired in the onslaught of paperwork. Unfortunately, non-compliance (even when due to ignorance of the law) can be very expensive.

It is important for businesses today to keep up with laws and requirements.    It is especially difficult for small businesses that lack a department or office manager.

Keeping a calendar and organized files can greatly assist in this sometimes monumental task. Many tasks must be repeated on a yearly basis, so by keeping “last year’s” file handy, you will be able to use it as a guide to filling out the current forms. Calendaring the tasks and deadlines with a reminder a week or two in advance will keep you from having to frantically root through boxes of old documents at the last minute.   Make sure that a backup person knows where the compliance calendar and files are located, even though there should be one person who is ultimately responsible for carrying out the tasks.

Kalish Law Office has been providing legal services to businesses since 1984. We provide practical advice and on-site visits when requested.

“Passionate, Professional and Personal. We Make the Difference.” www.kalishlawtexas.com    Spring, Texas

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12 Sep 2011

Unmarried and Living Together in Texas? Protect Yourself!
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One of our recent posts dealt with common law marriage in Texas. If that applies to you, please see our post from September 6th as well).

This blog pertains to people who are living together in Texas but are unmarried under Texas law.

Living with another person can put you in a legally vulnerable position. Each situation is different. Here are some general guidelines to consider:
1. Don’t commingle your property without full disclosure. This means that you need to really know the financial situation of your partner before taking any risks. Does she owe credit card debts, back child support, student loans; have liens or judgments against her? Would it be beneficial to your credit rating to keep your finances totally separate?
2. Don’t commingle your property without a specific agreement. If you are going to commingle large amounts of money and property it is essential to have a written agreement between the two of you that would stand up in a court of law. This may offer some protection against third parties as well.
3. Don’t pay mortgages or loan payments or improve property without gaining some ownership interest in the property or having a written agreement about it, unless you don’t mind taking a risk that the payments will be viewed later as a “gift”.
4. Don’t give up your career to help in your partner’s business without pay and without a written agreement.
5. Don’t sign or cosign or agree to be responsible for your partner’s debts unless you know what you are getting into, specify repayment terms in writing, and have considered what the action may do to your credit rating.
6. If you decide to jointly own property (or pets) have a written agreement about what would happen if you split.
7. Discuss what would happen if one of you dies before the other. Would your partner get to stay in the home? Do not assume that your partner would be allowed to stay in the home or keep certain property because “s/he has been paying on it”, or “it partially belongs to her”. Have valid wills that specify what you want to happen, especially if you anticipate a fight from your other family members.
8. Be sure that your bank accounts and beneficiary designations have your partner listed as your beneficiary after you die, if that is what you intend. If you are unmarried, your partner does not automatically qualify as “surviving spouse”.
9. Have health care powers of attorney that allow you to speak for each other in the event of illness, if that is what you both desire. Since the two of you are not legally “family” to each other, you need these documents to avoid problems visiting, getting information, or making medical decisions in the event of a serious illness.
10. If the worst were to happen, and the relationship doesn’t make it, you will not have the protection of “divorce court”. A written contract may be the only legal grounds that you have to get in front of a judge and request fair treatment.
Even if you absolutely, 100% trust your partner now and forever, things are not totally in your partner’s control. For instance, the law does not give the same protections to unmarried couples as it does to married couples when it comes to illness, inheritance and community property ownership. Secondly, there may be threats from your partner’s creditors that put your property at risk. Thirdly, even with the best of intentions and between people who truly care about each other there are misunderstandings. And lastly, it is always better to have a well-thought out plan that can be adjusted later than it is to go in “blind” and hope everything is going to be OK.

A qualified attorney can help you assess your financial and personal situation and put together a cohabitation agreement or other contracts that will protect you both and help you to both live up to your promises and intentions. The attorneys at Kalish Law Office have experience in family law, debtor/creditor law, contract law and estate planning, so we can help you look at every aspect of your situation, inform you of your options and help you reach a decision on what you need.

Kalish Law Office www.kalishlawtexas.com 281-363-3700

The Woodlands, Texas. Since 1984

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8 Sep 2011

Wildfire Disaster Relief Resources from the Texas State Bar
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As major wildfires continue to ravage several Texas counties, including one in Bastrop County that has burned about 34,000 acres and more than 1,300 homes, the State Bar has activated its toll-free disaster legal hotline at (800) 504-7030 to assist the public with basic legal questions such as replacing lost documents, insurance, landlord-tenant issues, and consumer protection. Other key disaster relief resources can be found on the State Bar website, including links and phone numbers to federal and state disaster relief resources. In addition, the Austin Bar Association is holding legal clinics for wildfire victims in Bastrop at several locations.
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6 Sep 2011

Common Law Marriage (Informal Marriage) in Texas
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If you are part of a male-female couple living together in Texas, you may be common law married without having a ceremonial marriage. While living together you can agree to be married, and “hold yourselves out” to the public as being married and that can be enough to create a common law marriage.  Notice that both parties must agree on it and intend to be married; it cannot be a unilateral decision.

If either party is still legally married to someone else, there will be no common law marriage created. Both parties must be over 18 and Texas law requires that the parties to this informal marriage be a man and a woman.
Not surprisingly, there can later be disagreement between the two people as to whether they really intended to be “common law married” or not. This usually happens when the couple splits or is arguing over the ownership of funds or property. One party will claim that they were never married and the other party will take the opposite position

If a party wants to allege and prove common law marriage upon breakup, a legal action must be filed in the Texas courts within two years of the time that the parties separated and ceased living together. If this is not done, Texas law presumes that there was no marriage and the chance to have these issues heard in a family law court are lost.

The issue of whether or not there was a legal marriage may also arise in a probate proceeding, when the alleged common law spouse is in opposition to the deceased partner’s other family members. The common law spouse may be in a vulnerable position if s/he is unable to prove the common law marriage or his/her partial ownership of property or funds.

A Texas couple has another marital option aside from what is discussed above.   The couple can file a signed “Declaration of Marriage” in the county of residence, without having a ceremonial marriage. This document will prove that the informal marriage was acknowledged and intended by both partners.   Couples who have filed a declaration of marriage are married under the law, and will need to file for divorce if they split.
Next Time:   “Unmarried and Living Together? Protect Yourself!”

Kalish Law Office www.kalishlawtexas.com   Family law attorneys, Spring, Texas
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