KalishLawTexas' legal blog The Woodlands

0 20 Dec 2011

Assisted Living Resources Online

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

0 14 Jan 2011

Do YOU Need a Premarital Agreement?

Premarital agreements are also called Prenuptial Agreements, or “Prenups”. Most couples who decide on a premarital agreement do so for one or more of the following reasons; a) there is a disparity in their assets; b) there is a disparity in the amount of debts owed; c) they want to preserve all or a portion of the premarital assets for their already existing children; and/or d) to meet financial goals, including asset protection.

The Texas Constitution defines marital (“community”) property and separate property. All income earned or property obtained after marriage (other than that gained by gift, inheritance, or certain parts of a personal injury settlement or award) is community property, unless there is a very specific legal agreement to the contrary. In order to legally change that designation, a couple needs to sign a very specific contract.

In some situations one of the spouses may have a large amount of debt going into the marriage. Texas law states that a prenuptial agreement may not be entered into with the intention of defrauding creditors. However, there is no fraud if the couple merely protects the non-debtor spouse from a debt that is not legally his/hers. The debtor spouse will continue to be liable for the debt under the law, but the non-debtor spouse’s present and future assets will not be co-mingled with the assets that are legally available to pay this pre-existing debt.

A Premarital Agreement can help clarify the couple’s financial picture, remove anxiety about potential disputes and misunderstandings and assist them in planning their financial future. Although the idea of a Prenuptial Agreement may seem “unromantic”, having a well-planned and valid agreement may provide harmony and peace of mind.

If you are considering a marriage and think that a Premarital Agreement may be appropriate, take the time to have a consultation with an attorney who has knowledge and experience in the areas of family law and estate planning. You will then be able to make an informed decision about what is best for your future.

The family law attorneys and estate planning attorneys in The Woodlands, Texas can assist you by explaining the legal requirements of Premaritial Agreements and drafting documents tailored for your family and business situation.

The Kalish Law Office in The Woodlands, Texas has been representing divorce and family law clients for over 26 years. www.kalishlawtexas.com 281-363-3700

0 18 Dec 2010

Should I Sign This? The Woodlands Texas Law Blog

We get a lot of inquiries from potential clients wondering if they should sign a document. The most common documents in question are “Waivers of citation”, Final Divorce Decrees, Settlement offers, Paperwork in Attorney General Child Support Cases, leases, modifications of contracts and sales agreements.

First of all, if you don’t totally and completely understand the document and everything in it, the answer is NO. At least not until you can do some research on your own, consult with someone who has the knowledge to help you, or get a written clarification of the terms.

If a document of any kind is ambiguous, you should not sign it as it is written. Any document with terms that are subject to two or more meanings can cause trouble later! And it may be expensive trouble!

If the document that you are wondering about is part of a lawsuit of ANY kind, signing it can have long-term effects. For instance, some settlement agreements are binding. In these cases, you should be sure that what you are agreeing to is what you can live with forever or for many years, especially if the case involves divorce, custody, visitation, or child support.

Sales agreements and service contracts of any kind need to be read carefully. You should pay special attention to sections that relate to canceling the contract, default, and contract term. Many contracts are very one-sided. Merely “skimming” over the terms that relate to “trouble” down the line isn’t good enough. You should know what would happen if things don’t work out as planned.

Having a legal consult can save you a lot of time, money and tears later on. Get it straight from the beginning. The time to consult an attorney is before you sign something that you shouldn’t have agreed to. The attorney will need to review the document thoroughly; just hearing about it briefly by phone or email is not enough to advise you properly.

Don’t give away your bargaining power by being passive and not looking out for yourself!

Kalish Law Office

www.kalishlawtexas.com

Kalish Law Office has been serving businesses and families in The Woodlands and in Houston, Conroe, Spring, and surrounding areas for over 26 years. Contact us by calling

281-363-3700 or email us at Inquiries@kalishlawtexas.com

0 14 Nov 2010

Tips to Prevent Identity Theft | The Woodlands, Texas Lawyers

There are several things that you can do to make yourself less of a target for identity and information thieves.

1. Be careful with your Social Security Number. Don't share your Social Security Number when you don't have to. Shred old documents, insurance cards, and medical records that contain your SSN when you are finished with them.

2. Don't put a lot of personal information online. Even if you must network online for business purposes or to keep up with family members who live far away, be careful what you post.   Before filling in your online profiles think about what information may compromise your identity or personal safety.

3. Have up-to-date programs that stop computer viruses and spyware that will catch intruders.

4. Don't conduct sensitive business in public. Don't shout your account number of even the last 4 digits of your social security number into a cell phone in a public venue. Don't pay your bills online while sitting at an internet cafe over an unsecured network.  Have a secure network at home. Doing banking over an unsecured internet network is like shouting your personal information to the world and hoping that no one is paying attention.

5. Check your credit report periodically and check your credit statements monthly. Promptly report any suspicious activity, even if the dollar amount is minimal.

6. Shred, shred, shred.... old bills, old credit cards, income tax returns, old medical records, even labels on your pharmaceutical bottles.

7. Purge old cell phones, pdas, laptops and personal computers of all information prior to donating or giving away. Use a reliable program for this or speak to the manufacturer of the item. Don't assume that just "deleting" will do the job.

8. Don't sign up for applications and games online unless you are aware of what you are sharing. Be careful who you invite onto your social networks. Don't accept "friend requests" from total strangers.

9. Don't open suspicious emails. If you do so accidentally, run your virus and spyware program right away. Remember, if it sounds like a scam, it probably is. If you have to reply for business purposes, do so with caution and demand evidence that the person is who they say they are.

10. Don't compromise other people's privacy. If you have a business, be careful with the sensitive information that belongs to your employees and customers.

Although these tips aren't foolproof, making them second nature will reduce the likelihood that you will be a target.

0 9 Nov 2010

Dividing the Family Business in a Divorce | The Woodlands, Texas Lawyers

Divorce is never easy, and when a divorcing couple owns a business it can be particularly difficult. The financial aspects can feel overwhelming, especially if one spouse will have to find a different source of income. Some businesses can become "like families" and the divorcing couple may bear the additional worry of how their split will affect the employees and customers.It can be difficult to decide how to divide a business in such a way that meets the needs of the divorcing partners (and their children, if any) and also allows the business to continue to operate profitably.

Some things to consider when deciding how to divide the business (in a community property state, such as Texas) are as follows:

- Is the business separate property or does it include any separate property? Did one spouse own the business prior to marriage? If so, for how long? How did the value of the business change during the marriage?

- Is one spouse more qualified to run the business than the other? (Some businesses may require certain licensing or certifications that only one spouse possesses, or may be dependent on one person's image, reputation or personality.)

- What is the true valuation of the business? What is it really worth? How does this fit into the "big picture" of what the marital estate is worth overall?

- Are there issues regarding the structure of this business that will need to be updated? (There may be formal changes that need to be made in the corporate or partnership structure and paperwork that will be required to be filed at the state level).

- What are the tax ramifications?

A divorce that divides a family and a business does have an additional level of complexity. It is important understand your rights and responsibilities and to find a competent family and business law attorney who has the experience, knowledge and skill to make the process as understandable and efficient as possible.

0 5 Oct 2010

Do I Need a Premarital Agreement? (Prenup) | The Woodlands, Texas Lawyers

Kalish Law Office | 25907 Oak Ridge Drive | The Woodlands, TX 77380
Phone: 281-363-3700

Premarital agreements are also called Prenuptial Agreements, or “Prenups”.   Most couples who decide on a premarital agreement do so for one or more of the following reasons; a) there is a disparity in their assets, b) there is a disparity in the amount of debts owed, c) they want to preserve all or a portion of the premarital assets for their already existing children or family, d) and/or this is not a first marriage.

The Texas Constitution defines marital property and separate property. All income earned or property obtained after marriage (other than that gained by gift, inheritance, or certain parts of a personal injury settlement or award) is community property, unless there is a very specific legal agreement to the contrary. In order to change that designation, the couple may sign a contract to do so.

\In some situations one of the partners may have a large amount of debt and may not want to negatively affect the new spouse. The law states that a prenuptial agreement may not be entered into with the intention of defrauding creditors. However, there is no fraud if the couple merely protects the innocent spouse from a preexisting debt. The debtor spouse will continue to be liable for the debt under the law, but the innocent spouse’s present assets and future portion of the estate will not be available to pay the debt.

A Premarital Agreement can help clarify the couple’s financial picture, remove anxiety about potential disputes and misunderstandings and assist them in planning their financial future.    Although the idea of a Prenuptial Agreement may seem “unromantic”, the result of having a well-planned and valid agreement may be harmony and peace of mind.

If you are considering a marriage and think that a Premarital Agreement may be appropriate, take the time to have a consultation with an attorney who has knowledge and experience in the areas of family law and estate planning. You will then be able to make an informed decision about what is best for your future.

Kalish Law Office has been drafting Premarital Agreements for clients in Conroe, The Woodlands, Cypress, and Houston for over 26 years.

0 13 Aug 2010

Legal Information Available from Texas State Bar!

The Texas State Bar Association has information and pamphlets available online for the public. You can view and download them in pdf form, or order pamphlets to be mailed to you. A variety of subjects are covered, including; “How to Sue in Small Claims Court”, “Becoming a Lawyer”, and “The Servicemember’s Civil Relief Act”.

Check out the public page at http://bit.ly/afvPcX

The page also contains information available about the legal system (civil & criminal).

This information can be helpful to consumers, students researching various topics, and teachers preparing classroom lessons.

In addition, the attorneys at Kalish Law Office are available to provide seminars on various legal topics to groups. If you are interested, please email us at inquiries@kalishlawtexas.com

0 11 Aug 2010

Stepparent Adoption: Kalish Law Office Blog, Texas

There are many things to consider in determining whether or not to proceed with a stepparent adoption.

Of course, the most important issue is the best interest of the child. This is the basis for the final decision of the court.

Stepparent adoptions usually have fewer “steps” legally than other adoptions. This is because, in most cases, one of the child’s “current” parents is joining in the lawsuit and approving of it. The child will usually not be changing his/her situation. The typical stepparent adoption is just recognizing what is already happening anyway, which is the “parenting” of the child by one biological parent and one stepparent who live in the same home with the child.

Occasionally, there are stepparent adoptions that don’t fit the normal pattern. The most common one is a situation in which the sole bio parent (or sole bio parent who was involved in the child’s life) dies. The surviving stepparent (or even former stepparent who was divorced from one of the biological parents) may seek to adopt the child.

When a biological parent’s rights are terminated, there may be past-due child support owed. If the Child Support Division of the Attorney General Office was ever involved, or if the child has received welfare benefits, the government may try to recover some or all of the money that was paid on behalf of the child. Therefore, the remaining biological parent may not have the authority to promise that s/he will waive the past-due child support if only the other biological parent will agree to the adoption.

However, there are some situations in which the back child support can be “forgiven”. A judge will not usually grant this without inquiring into the family’s financial situation in order to determine if the child’s present and future needs can be met adequately without collecting this past due support.

If the biological parent cannot be found, the court will appoint an attorney ad litem to represent the absent parent in the termination/adoption lawsuit. There are certain legal steps that must be taken in order to assure that the absent parent’s rights are protected, allowing the adoption to proceed without him/her.

In the case of the absent biological parent it is also important to decide whether or not filing the termination/adoption suit may bring about an unwelcome reestablishment of the relationship with the child. This is particularly important in cases in which the absent parent engages in substance abuse, other irresponsible behavior, or is downright dangerous. In those cases, it may be best not to start proceedings at all, rather than alert the dangerous parent about where the child is currently located and risk visitation being sought. In cases where it is “best to leave well enough alone” we often file for an adult adoption of the child by his/her stepparent on the child’s 18^th birthday. At that point, the adoption can proceed with no notice or involvement by the absent bio parent. Then there will be formal recognition of who the child’s “real parent” has been!

The adoption attorneys at Kalish Law Office have been representing clients in stepparent adoptions for over 26 years.

0 9 Aug 2010

Gathering Proof for Your Divorce, Custody or Modification Case: Kalish Law Blog

If you are, or may be involved in a case involving divorce, custody, visitation, or child support, it is not too soon to begin gathering proof. It is easy to forget to save things or document events when you are caught up in your day-to-day routine. Here are some ideas about what may help you later on.

1. Potential Divorce: Bank statements, credit cards bills, deeds. Any documentation showing assets or liabilities. Copies of insurance policies, 401k plans, your spouse's paycheck stubs, employment contract, profit-sharing plan, and copies of your tax returns for the last 5 years. Keep copies of these important documents in a safe place, especially if you believe that your spouse might try to keep them from you. Even though you will be able to request them through the discovery process once you have filed the divorce, it will cost time and money. If you are able to get them in advance you will know what you are dealing with financially and will be able to provide your attorney with copies at your first meeting. If you are alleging infidelity fraud you should keep copies of evidence to support your charges. And, most importantly, if you are physically abused, police and/or doctor's reports will provide evidence that it was severe enough for you to take action to protect yourself.

2. Child Custody/Visitation or Modification of Custody/Visitation: Photos, letters, and emails that support your position about what would be in the best interests of your children. If your child's other parent is not a good caretaker or lives a lifestyle that is dangerous to the children, keep a diary of events and information with dates and times. Remember to practice good parenting skills, which means not degrading the other parent to the children, not asking the children to spy on their other parent, and not giving them information that is unnecessary or inappropriate for them to hear.

3. Child Support: Keep good records on the amount of child support you received or paid. Be ready to show expenses to document what the children need, or how those needs are already being met. Keep good records of your own earnings and expenses to help demonstrate the financial picture of the family. If your child is a child with special needs, be ready to demonstrate those needs with school records, medical or psychological records, or witnesses such as tutors or teachers.

The most important thing to remember is that you will need to tell your story to someone who doesn't know you or your family. Do your best to lay the story out in a chronological, understandable fashion. The more objective proof that you present, the better chance you will have of settling or winning your case. A coherent, organized file will help attorneys, mediators, and the judge to understand your story and your goals.

Don’t be afraid to have a consultation appointment with a family law attorney as a means of “advance planning.” Your decision regarding whether or not to take legal action is a serious one, one that will affect your life and the lives of others. If you are having trouble making a decision, remember that “inaction” will have benefits and consequences just like “taking action” will. For that reason, you should seek information and assistance when you need help understanding options or making a decision.

At Kalish Law Office in The Woodlands, our divorce and family law attorneys can help you clearly understand your options.

0 6 Aug 2010

What to do if you are Served With a Lawsuit: Kalish Law Texas blog

1. First of all, don’t panic!

2. Read the paperwork that you were given very carefully

3. Determine your “Answer Date”, which is the date by which you must file a response to the suit if you wish to be heard and defend yourself. Calendar this date!

4. Determine WHY you are being sued

5. Gather your thoughts and your information. Do you have a defense? A counterclaim?

6. Make an appointment with an attorney right away in order to be sure that your attorney has adequate time to prepare and file a response and/or counterclaim. Take the citation (service papers) with you to the appointment, along with any other information that the attorney should see.

7. Be aware that if you miss the answer date, a default judgment may be entered against you and you may be giving up important legal rights and defenses.

Kalish Law Office: The Woodlands, Texas 281-363-3700

KalishLawTexas' legal blog The Woodlands

0

20 Dec 2011

Assisted Living Resources Online

0

14 Jan 2011

Do YOU Need a Premarital Agreement?

0

18 Dec 2010

Should I Sign This? The Woodlands Texas Law Blog

0

14 Nov 2010

Tips to Prevent Identity Theft | The Woodlands, Texas Lawyers

0

9 Nov 2010

Dividing the Family Business in a Divorce | The Woodlands, Texas Lawyers

0

5 Oct 2010

Do I Need a Premarital Agreement? (Prenup) | The Woodlands, Texas Lawyers

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13 Aug 2010

Legal Information Available from Texas State Bar!

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11 Aug 2010

Stepparent Adoption: Kalish Law Office Blog, Texas

0

9 Aug 2010

Gathering Proof for Your Divorce, Custody or Modification Case: Kalish Law Blog

0

6 Aug 2010

What to do if you are Served With a Lawsuit: Kalish Law Texas blog

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