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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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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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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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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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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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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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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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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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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After a will is drafted, things sometimes change.  When that happens, some people are tempted to  just write on the original will.  This is a very bad idea. This could make your entire will unacceptable for a later probate hearing, and your estate could be treated as if you died without a will.

If you do need to make a change, you should either a) have a codicil that is properly exectued and witnessed and reflects the changes or b) have a new will drafted and signed (depending on how major the changes are).

You should always keep your original will in a safe place free from stray writing, food, or coffee rings.  Don't doodle or write on it or allow anyone else to do so.

Don't unstaple the will or add pages to it.  

If you want to make notes on your will to show an attorney, make a xerox copy of the old will (preferably without unstapling it) and write on the copy. 

The more "pristine" the original document is, the less likely the document's authority will be questioned.

Kalish Law Office, The Woodlands, Texas    Estate Planning and Probate Law since 1984.

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In this video, our attorney Sio Ramirez Pitre is interviewed by Houston relationship therapist and examiner.com columnist Gina Gheller about children and divorce.

In Part II, geographical restrictions in a divorce decree are discussed. These are court orders which state that a parent cannot move out of a certain geographical area with the children, unless there is a modification of the order.  The reasons for these limitations are discussed.

There is also a discussion about children who decide they do not want to visit the other parent.  Other subjects covered include the right to go back to court for a modification of custody and visitation, modification of child support, and what can be done about parents who drink while visiting with the children. 

We hope you find this informative and interesting!

Kalish Law Office: 26009 Budde Rd, Ste. A-100, The Woodlands, TX 77380  "Passionate, Professional, and Personal. We Make the Difference" Since 1984

281-363-3700

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It is very easy for children to be caught in the middle during a divorce.  In this video, our attorney Sio Ramirez Pitre is interviewed for examiner.com by relationship columnist Gina Gheller.  

Last week, we posted part I on this blog, this is part II.

In this video, geographical restrictions in divorce decrees are discussed.  These are common these days. If you are subject to a geographical restriction in your divorce decree, remember, this is a court order.  The reasons for these restrictions are explained in this video. There is also a discussion about children who wish to stop visiting one of their parents, seeking changes in child support, and the right to return to court and modify a custody or visitation order.

We hope you find this video interview informative.

Kalish Law Office, The Woodlands, Texas.  "Passionate, Professional, and Personal.  Since 1984".

281-363-3700

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A "morality clause" is a clause that is placed in a divorce decree which states (as a court order) what a divorced parent is or is not allowed to do around the minor children.  Typically, the clause will state that the parent is not allowed to have an adult of the opposite sex (or the same sex in certain circumcustances) who is unrelated by blood or marriage to spend the night.

Here is a video of our divorce and custody attorney Sio Ramirez Pitre as she is interviewed by Houston relationship therapist Gina Gheller regarding divorce and custody. Part I    http://exm.nr/wLloId

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Whether or not to get a divorce can be a difficult decision to make.    Sometimes a person who is in a bad situation may agonize over the decision for years, going back and forth about what to do – only to wake up one morning and know that now is the time to act.

If you are in that situation, you should be aware that there is a waiting period in the State of Texas.  A divorce will not be finalized until at least 61 days after it has been filed. 

Between the filing and the finalization, other steps must occur.

1. The non-filing party (respondent) is entitled to proper legal notice.  Generally, that person must either:

1. be “served” in a way that is legally enforceable (usually by personal service unless that is impossible or the judge has granted an alternative means of service) OR
2. must enter into the suit voluntarily by responding to it and filing proper paperwork OR
3. must indicate his/her agreement with the divorce and the final decree by signature on documents (waiver, final decree) properly signed and presented to the court.

2. The case must be “proven up” by being heard by the judge (in some cases only one party appears, in other cases there may be a full trial with a judge and possibly a jury).

3. The judge must approve and sign the order that officially divorces the couple.

4. Additional possible requirements:  If there are children involved, each party will need to take a parenting class. If the case is contested, mediation may be required.

The amount of time that a case takes depends on the complexity of the case, whether there are children or property involved, the rules of the county/court in which it is filed, and whether the parties are in agreement about the divorce and final terms.

How quickly a final hearing date can be obtained will depend on other practical matters, such as the court’s schedule, schedule and availability of the parties and their attorneys, and the amount of time that it takes to draft, review and sign the necessary documents. 

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

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Once a Texas will has been properly drafted and executed, the original should be kept in a safe place.  This should be a place that is dry and safe, such as a fireproof box.  The will may also be kept in a safe deposit box, however, this is not always the best option because it will be less accessible. A safe deposit box should only be used if someone other than the testator (person who signed the will) has access to the box. Ideally, the other person with access will not be someone who often travels with the Testator because there would still be a problem if something should happen to the two of them together.  Therefore, I always advise married couples who want to place their original wills in a safe deposit box to be certain that a third person has access to the box.

If a will is lost and cannot be found, it is possible to submit a copy to the probate court where a probate case is filed.  The Texas Probate Code specifically allows for this, however, there is no guarantee that the document will be accepted by the probate judge as valid and current (unrevoked), especially if there is other evidence to the contrary.

Therefore, it is always best to be very careful to keep the original will safe at all times, and if it cannot be located when needed to make a complete and diligent search for the will. Keep it safe and dry, with other important documents and be sure that you know where it is at all times.

Kalish Law Office The Woodlands, Texas 281-363-3700 "Passionate, Professional and Personal. We Make the Difference".  Since 1984  Check out our probate page on our website for additional information

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DNA testing is sometimes used in paternity, adoption and immigration cases. 

Here are some reasons that DNA testing may be used and who may request the test:

1.  In a traditional paternity case:  As evidence of the identity of the biological father

a. requested by the biological mother in order to enforce the duty of care and child support; or

b. requested by the biological father who wants to enforce his rights to the child and be allowed to be part of the child's life; or

c. by an alleged father who knows or suspects that he is not the true biological father and does not want to have rights to the child or a duty to support him/her; or

d. ordered by a court as evidence in the case.

2. In an adoption:

a.  to prove that a child is truly the offspring of one or both biological parents when the biological parent(s) are consenting to an adopiton (especially in international adoption cases).

b.  to prove that someone is NOT a parent of the child about to be adopted and therefore does not have to agree to the adoption

c.  to comply with international, federal immigration, or state law in an international adoption as part of the evidence in the file and part of procedural requirements

3. In immigration law:

a. to prove that a person is truly the offspring of an alleged parent who is petitioning for them with the immigration service

b. to prove identity of a person by objective, scientific evidence

In both international adoption and immigration cases there are very strict guidelines about which labs may process the tests and how and when the tests should be done.   In other family law cases it may be possible to use tests as evidence which were obtained prior to the case being filed (but this is not always true).   In order to prevent delays in your case it is always best to seek legal advice and be certain that you are using a lab which is reputable and approved by the governmental agency or court that is involved in your case and that all proper procedures are followed.  

Kalish Law Office 281-363-3700 Family and business law since 1984. The Woodlands, Texas.

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QUESTION: “I am getting a divorce and we only own one car. I need my car to get to work. Can my spouse take it during the divorce”

Questions about vehicles are common during a divorce.  Who gets to keep the car is going to be decided on a case-by-case basis. 

The first piece of information that is needed is this:  Who owns the car?  Even if the two of you are married, the car might be the separate property of one of the spouses. “Separate property” means more than just which spouse is on the title or is paying the loan.   There are specific legal guidelines as to whether a piece of property is “separate” and property law varies from state to state.

If the car (or any other piece of property) actually belongs to the two of you, then you both have the right to it.   This means that you have to either work something out by an “informal” agreement between yourselves or go to court to get an order from the judge that says what you can and cannot do with the car and other property while the divorce is pending.

The purpose of temporary orders is to “preserve the status quo” while paying attention to the rights of the parties and the good of the children, if any.   This means that the goal is to get through the divorce with the least damage possible financially.   Therefore, it would be unlikely that a judge would order the spouse who has a job to give up a vehicle and risk losing the family’s only source of income.  However, the decision will have to be made with regard for the rights of both parties and the children, especially if someone in the family has a serious medical condition or special needs.

You will need to plan especially carefully about how and when to file for divorce (and how to serve your spouse with the papers) if you believe that your spouse may take your vehicle, money or property and try to hide them from you. Be sure that you discuss these things in advance with your attorney so that you are able to protect your rights.

Kalish Law Office, since 1984.  www.kalishlawtexas.com 281-363-3700

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Welcome to the New Year.   My wish for everyone reading this blog is that you can feel the energy and possibility that the New Year brings.  If you are going through a difficult time right now the beginning of a new year may create a feeling of apprehension, hope, or a blend of those feelings, and understandably so. 

The New Year is a good time to take stock and get organized. It’s a good time to act upon something that you’ve been putting off, evaluate a situation you’ve been ignoring, and look for ways to improve your life. Don't put off doing the things that you want or need to do.

Poet Edith Lovejoy Pierce wrote:  "We will open the book. Its pages are blank. We are going to put words on them ourselves. The book is called Opportunity and its first chapter is new Year's Day."

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It's the end of the year! Give your mind and body a rest and enjoy special time with friends and family.   Happy New Year from the Kalish Law Office!  

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In previous blog posts, I have written about resources that are available to help elder family members.   The previous blog posts discussed how to best communicate, how to find AARP resources, hospice care, Meals on Wheels, Alzheimer Resources, and contained other important links. Another online resources is the web publishing company Assisted Living Today.  

After the publication of the last blog post, a reader who works with Assisted Living Today (an online web publishing company) contacted me and gave me permission to share the informational guides on that website with our readers.

 In September, 2011, the site posted an infographic about nursing home closures in the U.S. which shows a visual breakdown of the impact of the growing elderly population and diminishing available nursing homes.

That site contains a lot of information, including an  Assisted Living Care Guide

And additional guides:

• Memory Care Guide
• Nursing Home Guide
• Care Home Guide
• Independent Living Guide

Decisions regarding a loved one's care are difficult to make and the choices and options may seem overwhelming. Having access to information and resources is important in making the best choices.

Thank you to Katelyn Roberts, Assisted Living Today.  Disclaimer: Kalish Law Office is not associated with Assisted Living Today and did not receive any compensation for this blog post.  Kalish Law Office does not endorse Assisted Living Today and has not reviewed the content of Assisted Living Today for accuracy.  This blog post is merely presented as an informational option to assist our readers in gathering information.

Kalish Law Office is located in The Woodlands, Texas, north of Houston.   “Passionate, Professional and Personal. We Make the Difference.” Since 1984  www.kalishlawtexas.com  281-363-3700

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