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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      23 Jan 2012

      Can a Copy of a Will be Probated in Texas?

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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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      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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      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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  • 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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