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      4 Dec 2011

      Terminally Ill and Needing a Will

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      When someone has a long, serious, or terminal illness, it may be necessary to make non-traditional arrangements.  Some law firms are willing to send a lawyer or paralegal to visit an individual who is in a hospital or nursing home or is unable to leave their house.  This allows the person who is ill to meet with a lawyer to draw up a will, powers of attorney or other documents.

      Persons who are ill or recovering may be unable to fully relax if they are constantly worried about legal details.

      If you or someone close to you needs this type of assistance, here are some important things to keep in mind:

      1.   When looking for a firm to help you in this way, choose an attorney who is familiar with wills, trusts, and probate law, and is in your geographic area. 

      2.   Call or email the firm to ask about these services

      3.   Be aware that there may be an additional fee for this travel, and ask about it up front.

      4.   If any documents are going to need witnesses, you may need to provide the witnesses. There are certain legal restrictions as to who will be allowed to serve as witnesses.  (In general- do not plan on using anyone who has a financial interest in the person’s estate, or who is a health care worker in a facility treating them).

      5.   Be courteous! If the person who is ill is affected with something that is or might be contagious the legal staff has a right to know before agreeing to come.

      6.   Try to make these appointments as much as advance as possible, especially during the holiday season.

      7.   Understand that the attorney’s “real client” will be the person who is having the will drawn up, and the attorney owes that client a duty.

      8.   Most importantly:  a person who is going to sign a legal document must have what is called “legal capacity”. They have to understand what they are doing. If they are extremely ill or under heavy medication, it may be already be too late to sign a will or other legal document.  If that is the case, an attorney can explain what other options are available, or how the person’s affairs can legally be handled. 

      Many times throughout the years I have heard people say that their loved one who already passed could not have a will drawn up because they didn’t feel well enough to travel to a law office.  That is sad, especially if the deceased spent his/her last weeks worrying about something that could have been remedied.   Remember: as long as the person has the mental capacity necessary, the inability to travel does not necessarily have to prevent him/her from being able to put last wishes into effect.

      The attorneys at Kalish Law Office have been representing clients in the areas of wills, trusts, and probate for over 27 years.   We are located north of Houston, Texas in The Woodlands and can be contacted at  http://www.kalishlawtexas.com 281-363-3700.

       

       

       

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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

       

      tenemos una abogada que habla español

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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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      17 Aug 2011

      Practical Advice for Dealing With Senior Adults

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      My last blog post dealt with caring for and helping senior adults, and mentioned some of the challenges that you are likely to encounter.   Now I want to share my review of a book that I discovered.  

      ”How to Say it to Seniors; Closing the Communication Gap with Our Elders” by David Solie (Prentice Hall Press © 2004) is an excellent guide to communicating with senior adults.    I highly recommend this book for anyone who is dealing with senior adults in a family or a business relationship.

       

      Mr. Solie is a speaker and educator. He has a background in finance, and worked for several years with companies that primarily dealt with senior adults. 

       

      The book presents a fresh and honest perspective on the communication gap between seniors and middle-aged adults. 

      We all go through developmental growth / personality development at different periods of our life, he writes.  What is seen too often as a “decline” in older adults can be seen as a normal developmental process. The older person is simply learning to deal with the changes in life, losses, and independence that aging brings.  


      Solie states that “the secret mission” of older adults is to 1) maintain control and 2) leave a legacy.  He suggests ways to allow the person to keep control and dignity while dealing with the changes that the person is going through.  He explains why “trying to help” and explaining things logically (or, what is logical to the younger adult) meets with such strong and sometimes baffling resistance, why an older person’s focused occupation with a certain topic makes sense to them but seems obsessive to a younger person and how to deal with “NO!” 

       

      It is written in a manner that is respectful to all concerned.  The concerns and frustrations of all sides are examined thoughtfully.   Various practical ways to approach common problems are suggested.  Although concerns over the elder’s safety and health are treated as serious, younger adults are also advised that sometimes they just have to “let go” and allow the elder person to choose their path.  The most progress is made when the elder person is allowed to maintain as much control and choice as possible.

       

      Of course there are situations that have progressed to the point where physical, emotional or mental issues have rendered the person a danger to themselves or others and someone must step in immediately and take control.  But even those extreme situations can be helped by a willingness to see things from a slightly different viewpoint.


      I highly recommend this book to anyone who is dealing with older adults. It is pleasant reading, refreshingly honest, and without psychological, medical or legal mumbo-jumbo.  Just good, solid advice.

       

      Kalish Law Office, The Woodlands, Texas.   www.kalishlawtexas.com Wills, Probate and Elder Law. “Passionate, Professional and Personal. We Make the Difference.” Since 1984

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      8 Jul 2011

      Proof of Lawful Presence in U.S. Required From Driver's License Applicants

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       If you cannot prove you are in the U.S. legally, you will not be able to renew your Texas Driver's License.

      On June 28, 2011, a law relating to requirements for obtaining or renewing a Texas Driver's License was approved by the Texas Legislature.

      This law is a further clarification of a 2008 law, and policies and procedures that the Texas DPS has been using since the 2008 law.

      Those applicants who are U.S. citizens and already have their social security numbers on file with the DPS will probably not be affected by these changes. 

      Non-citizens, such as temporary visitors, will need to show that they are here legally.  This means that their visas have not expired. For instance if someone came in to the U.S. legally and can prove this, but has overstayed and is on an expired visa, they would be denied.

      The law could be a problem for those who are here legally, but can't prove it.  For instance, persons born in the U.S. but delivered by a midwife, or those in specific situations that require clerks to view documents and interpret immigration law.  

      There is also a concern that this new law may result in more people driving without a current license and without liability insurance.

       

       

       

       

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      27 Jun 2011

      How to do a Little Legal Research Online.....

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      My posts about how to find legal information on the web have been wildly popular in the past, so here is another gem of wisdom on how to catch that elusive thing called legal knowledge.

       

      You can always google, bing, yahoo or ask your way to an answer, but you may have to search through a lot of information that doesn’t cut to the chase. 

       

      So, here are a few tips for doing legal research (and a few cautions, too!)

       

      TIPS (The best places to find good information):

       

      1. State Bar websites: Many state bar associations have specific pages for non-lawyers.  For instance the Texas State Bar has a page “for the public” 

      Non-lawyers can download pamphlets and also information that previously appeared in the Texas Bar Journal client pages.

      2.  www.lawyers.com   This site has legal forums and blogs and is searchable.

      3.   www.avvo.com  legal forums and legal guides

      4.   www.findlaw.com  Here you can “Learn about the law” and “Browse legal wiki”

      5.   www.nolo.com  Lots of information on various legal topics

      6.   Groups or sites that are specific to your problem or area of law, for instance:

      For immigration: USCIS: www.uscis.gov

      US Patents and Trademarks For copyrights and trademarks

       Texas Workforce Commission

      Many professional groups also have a helpful links page.

       

      CAUTIONS:

       

      1. Don’t base an opinion on the wrong law.  Make sure you know whether you are looking at the right law (State or federal?  Current or old law?  Does it apply?)
      2. Don’t believe everything you read, especially on message boards and chat, and don’t assume that it applies to your situation.
      3. Don’t share personal information in a public forum. (not only is it dangerous in general, but if you are involved in a legal action later your posts may work against you)
      4. Beware of scams and of people who are “practicing law without a license.”  

       

      Now you are ready to get some background information for your specific legal question, or just because you want to learn something new!

      Be sure to contact a lawyer when the situation calls for it.  Just as you would consult a professional to deal with a medical problem or a problem with your car engine, you should consult a legal professional in certain situations.

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      21 Jun 2011

      How (and Why) to Get an Official Copy of Your Divorce Decree

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      I. HOW to do it

      If you are currently getting a divorce, you will be able to get a copy of your divorce decree after the judge signs it. It will be available from the Clerk in the county where your Texas divorce is filed. (usually the district clerk, rather than the county clerk) If you have an attorney, and your case is still open, your attorney will usually either get a decree for you or give you instructions on how to get the decree on your own.

      In some courts, the decree will be available as soon as you are finished with the final hearing and you will be able to walk to the district clerk's office and get a stamped decree that very day. In other counties/courts, you will be asked to wait for a number of days until the file is processed, sent to the clerk, and imaged.

      There is a copy fee (see below).

      Situation #2: Your Divorce is Final, and Your Case is Already Closed

      Say that your case is complete, and maybe even was completed several years ago. You should call or visit the district clerk in the county where your divorce was rendered. The more information that you have the easier the clerk can your case. The case number is the best piece of information to have. You may also be asked the names of the parties, and perhaps the approximate year the divorce was final or which court had the case.

      Unless your case has been very recently completed, it is generally better to contact the district clerk directly yourself, rather than contacting the attorney who represented you in your divorce. Doing so will save you time since an old law firm file is likely to be archived, in storage or even destroyed.(most firms do not keep family law files forever). Secondly, if you are going to get a copy of a court document, you should take the time to get a certified copy, and only the clerk's office can do that for you. Thirdly, you will want to be sure that you have the absolutely final version that was signed by the judge - an unsigned copy from an old file may not be the final version.

      Information about cost:

      You may be asked if you want a regular or certified copy of the decree. Get the certified! It is usually the same price as the regular (generally, about $1.00 per page). For all "official" situations, you will need a certified decree. (A certified decree bears an official stamp or seal).

      Personal checks are usually not accepted.

      II. WHY would you want to?

      There are many reasons why you may need a copy of a divorce decree, here are just a few!

      -to begin or end child support withholding

      - to change a name on a driver's license, social security card, passport, insurance policy, or piece of property

      - to review and follow a visitation schedule

      -for transfer of property, deed or refinance

      -to review provisions regarding responsibility for debt

      -for income tax purposes

      -for probate reasons, after one of the parties has died

      -for family research reasons

      -for your own record keeping

      -to apply for a state license in a profession, apply for a passport or other official document

      You should keep a certified copy of your divorce decree with your important papers.

      LInks to the Montgomery County Texas website and the Harris County Texas website can be found at www.kalishlawtexas.com under the tab marked "legal resources".

      Kalish Law Office- divorce and family law attorneys, The Woodlands, Texas   Since 1984

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      6 Jun 2011

      Is it Too Late to Collect Child Support for my Child?

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      We often hear from parents who want to know if they can still collect child support for their child and would like to have help in understanding the time limits for collection under Texas law.

       

      There are a variety of reasons why someone might wait to collect child support. Here are some of the most common:

       

      1. Fear of physical or emotional retaliation from the ex-spouse
      2. Lack of understanding about how the law, or the collection process works
      3. Does not know where the ex-spouse is located, or how to find him/her
      4. Fear that the ex-spouse will then demand or exercise visitation, when the ex-spouse’s lifestyle may be detrimental to the children.
      5. Lack of funds to pursue an action
      6. Mistaken belief that it is “too late” to do anything

       

      Each situation is different, and only you can make the decision as to what is the best thing for you and your family.   If you have been waiting until the children were older, time may have gotten away from you.  Maybe your children have turned 18 and graduated from high school, so you believe that your chance is gone.

       

      Although this is not an easy area of law to simplify, here are a few general guidelines:

      *** Please note, exceptions to these guidelines may exist for children with disabilities, when the court has recognized the disabilities and made an order regarding them.

       

      1. Step One: In order to get child support in the first place, you must first get a court order in which a judge orders child support to be paid. Do this as soon as possible, and prior to the time the child is 18 or no longer enrolled full-time in high school, whichever is later. 
      2. Once you have that court order, if you want to file for “contempt” against the non-paying parent you have 2 years from the time that the obligation to pay has ended. (Look at your Order to see what it says, usually it will say that support is due until the child is 18 or no longer enrolled full-time in high school, whichever is later)
      3. If you want to get a judgment from a court that determines past-due child support and interest AND allows you to treat the debt as one that you can collect by court enforcement, you must do this within 10 years of the time that the obligation terminates under the court order (again, when the child is 18 or no longer enrolled full-time in high school, whichever is later).
      4. Once you have received a judgment from the court that allows you to collect this as a debt, you don’t have a time limit to collect it.  You can treat it as a valid debt and collect it at any time after that, using collection methods such as filing a lawsuit and using other legal remedies.

      If you do not know the whereabouts of your children's other parent, an family law attorney can assist you with how to handle that situation.  

       

      Special situations exist when an order has been rendered in another state, and one or both parties are now living in Texas. Cases involving multiple states can be complicated, but resolvable.

       

      A consultation with a Texas child support attorney can help you understand your rights, and decide what is best for you and your family.  The attorneys at Kalish Law Office have been representing clients in child support cases since 1984.

       

      Kalish Law Office: "Passionate, Professional and Personal" Since 1984  281-363-3700 www.kalishlawtexas.com

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      2 Jun 2011

      Avoiding Adoption Scams

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      This is an excellent article which was just posted on the National Council for Adoption website.  Very good, practical advice on  how to spot and avoid adoption scams.

      http://bit.ly/myG83E

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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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