KalishLawTexas' legal blog The Woodlands

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3 Nov 2011

When your Spouse, Partner or Loved One is Seriously ill
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Unfortunately, a serious illness makes us think about unpleasant things. “What will happen if my spouse or loved one dies?”, “Should I ask him/her about her final wishes now?”, “How will I handle the business side of things if s/he is unable to do so, or if s/he doesn’t recover?”

Often the person who is “well” feels guilty for these thoughts and may try to push them away. But they come creeping back because these are very real issues.

If you are caring for a loved one who is seriously ill, you are probably exhausted. You are trying to visit and take care of your loved one and may be working full-time, taking care of a home, and/or business and still trying to remain “upbeat”. You may feel guilty for thinking about the “practical side” of things and may hesitate to bring it up or seek help.

Be assured that you are not alone. These feelings and worries are normal.

Here are some ways to help you gain peace of mind.
1. Gather personal information: If you have access to your loved one's will and health care directives, take a look at them (especially the health care directive, and especially if you are named as a health care agent). Since illness and death are unpleasant subjects, no one likes to talk about them and it is not uncommon for people to be unsure of whether or not their spouse/partner has these documents, or to forget where they are located.
2. Gather legal facts: Don’t hesitate to contact an attorney to ask about the laws that may relate to your situation. If your loved one is likely to be ill for quite a while or is unlikely to recover, it may relieve your stress to have knowledge about what to expect legally.
3. If you are in a “non-traditional” or complicated situation and are unsure of your legal/financial status, you should ask for a legal consultation or do some research on your own. Some examples of these situations are: step-family situations and long-term partners who have chosen not to be legally married or who are unable to be legally married. Another complicated situation may arise when you have to run a business for the person who is ill but are not sure that you have the legal authority to do so.
Gaining additional knowledge can help you because at least you will know what you are dealing with and how to face it.

Kalish Law Office- The Woodlands, Texas: Probate, Family and Business Law. Since 1984. Passionate, Professional and Personal. We Make the Difference.

281-363-3700
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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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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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KalishLawTexas' legal blog The Woodlands

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3 Nov 2011

When your Spouse, Partner or Loved One is Seriously ill

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12 Sep 2011

Unmarried and Living Together in Texas? Protect Yourself!

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6 Sep 2011

Common Law Marriage (Informal Marriage) in Texas

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