KalishLawTexas' legal blog The Woodlands

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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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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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30 Nov 2011

Important Information about your Texas Vehicle Title
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The Texas Department of Motor Vehicles has an informative pamphlet titled “Your vehicle title needs maintenance, too.” The pdf version of this pamphlet is downloadable.

Some of the information provided:
1. You can sign up for an email reminder that will come to you when it is time to renew your vehicle registration at www.TxDMV.gov
2. When transferring a car in a private sale, it is best for the buyer and seller to go to the DMV together and transfer the title.
3. As prior owner of the vehicle, you can file a Vehicle Transfer Notification when you sell, donate, trade-in, or give your vehicle to someone as a gift. This will remove you as legal owner and protect you from liability associated with use of the vehicle. Do this within 30 days.
4. Forms for vehicle transfer are found on the Texas DMV website
5. You can keep your license plates. Be sure to remove the windshield registration and don’t forget to take your EZ tag if you have one.
6. Buyers should make sure they are getting a clean title and that the vehicle gets titled in their name. Buyer has 20 days to apply for a new title without being charged a penalty.
7. A temporary vehicle transmit permit can be downloaded from the website if the seller took the license plates.
8. The website also contains information about title checks, lemon law, and other consumer information.
Kalish Law Office 281-363-3700 www.kalishlawtexas.com
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7 Nov 2011

Dispute Errors on Your Credit Report
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You can dispute credit report errors, on your own and you usually don’t need an attorney to do it.
The first thing that you need to do is to determine whether errors or omissions exist on your report, and if so, what they are. An “error” is false information and an “omission” is something which is not on your report that you wish were on it. (such as showing a debt that you paid off or other favorable information).

You can get one credit report free every year, from each of the major credit reporting companies. (you also are entitled to a free report if a company denies an application or denies you a job based on information in your credit report.), The three major credit reporting agencies are Equifax, Experian, and TransUnion, and you can access all three of them online.

Once you have your report in hand, you should go over it carefully. Note the errors. You will need to gather any documents that support your position and make copies of them. There may be blatant errors and inaccuracies on the report, debts you dispute, or erroneous information (for instance, your ex-spouse’s present address may be listed as one of yours when you never lived there).

Write to the reporting agency to specify what you are disputing, or want added or changed. Follow up to be sure that you receive a reply, and compare the results to the request you made, and to your previous report.

Additional Advice: When you have a disputed charge, or settle a dispute with a company, you should keep proof in a file because you may have to correct your credit report much later (even years later).
The Federal Trade Commission website has more detailed information about this, as well as a sample dispute letter. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm

www.kalishlawtexas.com

“Passionate, Professional and Personal. We Make the Difference.” Since 1984

Serving Spring, The Woodlands, Conroe, Houston, Cypress, Waller County and Surrounding areas
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3 Oct 2011

Do-it-yourself Divorce: Should you consider it?
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Everyone wants to save money these days. When things are tight, it can be difficult to put aside anything for “a rainy day”. Those “extra” expenses such as a major repair to the car, a new refrigerator, or an unanticipated medical expense can be tough to cover. So can legal fees.

“Do-it-yourself” divorce may seem to solve those problems. There is the hope that it will be cheap, fast and relatively hassle-free. However, there are some situations in which trying to save money may either complicate matters or make the process more stressful.
Here are some situations in which you would be well-advised to consider hiring an attorney to help you:
1. When your divorce is contested
2. When one of the parties alleges “fault in the breakup of the marriage”
3. When one of the parties wants more than 50% of the marital estate
4. When there are significant assets, especially those that are difficult to value, split, or agree on
5. When there is a family business
6. When there is a retirement plan, stocks, government benefits, or the like that must be split by court order
7. When one of the parties is disabled, or has significant mental or physical issues
8. When a child of the marriage has special needs
9. When the parties do not agree on visitation, child support or custody
10. When you are going to be the recipient of child support, and the amount of your spouse’s income is difficult to prove (example: s/he is self-employed)
11. When there is a fear that violence may erupt
12. When there is a fear that one of the parties may take, waste or destroy assets when the divorce is filed
13. When there is a fear that one of the parties may try to flee with the children, especially to another country
14. When there are significant debts to be paid, and no realistic expectation of being able to fully pay them now or in the future
15. When there is a need for spousal support
16. If you want to be able to have face-to-face meetings with an attorney who will guide you through the process
Before you opt to do-it-yourself, be sure that you evaluate all of the above carefully. Getting a divorce is about more than the process of drafting and filing paperwork and having a judge sign it. You may need the face-to-face interaction that an attorney can provide.

If there is an amicable agreement with little or no property to divide, few or no debts and no children, a do-it-yourself divorce may be right for you.

Kalish Law Office www.kalishlawtexas.com Texas Divorce and family law since 1984
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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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17 May 2011

Where Should You Keep your Original Will and Powers of Attorney?
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The Will: If you have a signed original will, you will need to keep it in a safe place. The first impulse that most people have is to put it in a safe deposit box. This does preserve the document, however it may create a problem if there is no one who is authorized to access the safe deposit box. If you choose this option, it is best to name someone (in addition to your spouse) as a joint holder. Having someone in addition to your spouse ensures that there will be a trusted person of your choosing who can get to the contents quickly in case something happens to you and your spouse together. In the event that you do not have a joint holder, a court order will allow the will to be retrieved by a bank official, but this additional step will add unnecessary expense and delay. Remember, the purpose of drafting a will and powers of attorney in the first place are to allow YOU to be the one who is directing the course of events and to SIMPLIFY the process.

If you choose to keep your will at home, make sure that it is protected from fire or flood. A safe is a logical choice for many people, but make sure that the safe is well hidden and kept away from high heat (not in a hot attic) and the document is protected from flooding (not on the floor in the closet in the laundry room). It is a good idea for your executor and alternate executor to know the location of your will.

Filing the will in the county is not necessary, although some people still feel better doing so. If you choose this option you should make sure of two things: 1) the will should not contain full account numbers or private information that could be used in identity theft; and 2) if you update your will you need to file the updated will (or notice that you have updated the will) in order to avoid confusion later on.

Some attorneys do keep originals in their offices for their clients, while others do not. If a will is kept at an attorney’s office it can be difficult to retrieve if the attorney dies, moves, merges with another firm or retires. There also may be a risk of fire, flood or theft.

Don’t keep old, invalid wills around to confuse the situation. You can also notify a previous attorney who has drafted a will for you that you are requesting that your old file and copies of the (now) invalid will be destroyed.

Whether or not to give a copy of your will to your executor, trustee, alternates, and even your beneficiaries is an individual decision.

The Power of Attorney for day-to-day business; Durable Power of Attorney for Health Care

These documents must also be kept safe and dry, and out of harm’s way. However, it is even more crucial that they be found exactly when needed, with no delay. If you are injured and unable to speak for yourself, you want the “agent” you have named to be on the job immediately, coordinating your health care options and possibly taking care of financial concerns. For this reason, be sure that the person that you have named as your agent knows exactly where to find the originals of these documents. It is also a good idea for them to have a copy, because copies may be accepted in an emergency situation.

Kalish Law Office is located in The Woodlands Texas and assists clients in the areas of estate planning and probate. 281-363-3700 Since 1984.
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2 May 2011

Foreclosure as the Last Option
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If you are having trouble paying your mortgage, you are not alone.

The good news (and we can all use some in this economy!) is that there are other options available.
While the prospect of losing a home to foreclosure is almost too upsetting to think about, it is worthwhile to know your options. Gone are the days when refinancing was the only viable option. These days your mortgage company may be committed to helping you avoid foreclosure, which is an expensive option for everyone involved.

Here are some other options:
1. Modification of the existing mortgage. The terms of the existing mortgage can be modified by agreement of all the parties. This can be accomplished privately on your own, with the help of an attorney, or through the U.S. Treasury Department’s Home Affordable Modification Program (HAMP)
2. Forbearance. Your mortgage company may agree to temporarily suspend monthly mortgage payments or to reduce them because you are facing a special, short-term hardship (death of a spouse or family member, health issue). There are special forbearance options available to persons who need help because of the death or injury of a spouse in active military duty.
3. Negotiation of a Repayment Plan: This is an agreed plan to help you catch up on past due amounts.
4. Deed in Lieu of Foreclosure: In this option you deed your property over to the mortgage company rather than forcing the mortgage company to pursue an expensive foreclosure, which would appear on your credit report as a foreclosure. In this option you may be able to lease back your home for a specific amount of time and continue to live there.
5. Sale of the Property: Although this can be difficult to accomplish, you may be able to do it if you are willing to price your property to sell, even if it means losing some of your investment. You also should be ready to assist your realtor in any way possible, by making recommended cosmetic changes within your budget, getting the word out through your own networking contacts and being open to suggestions for moving the property.
If you are having trouble paying your mortgage now, or are behind, don’t wait until it is too late to take advantage of other alternatives. An attorney who is knowledgeable in real estate law and familiar with your geographic area can assist you in deciding on what options you should consider. A consultation is well worth your time, as you will leave the law office armed with knowledge that is tailored for your particular situation.

Bob Kalish has been practicing real estate law since 1984. Kalish Law Office is located in The Woodlands Texas, north of Houston 281-363-3700.
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