KalishLawTexas' legal blog The Woodlands

0

3 May 2012

YES, You do Need a Will if you Have a Minor Child!
- Edit
- Delete
- Tags
- Autopost
EVERY parent who has minor children should have a current, valid will.

Your will should state who you want to care for your child if you are no longer around. In many cases, your first choice of guardian will be the child’s other parent (or stepparent).

In addition, it is always best to have an alternate guardian as well, just in case the first guardian is unwilling or unable to take over the child’s care.
When choosing a guardian, consider relationship that the person has with your child, their lifestyle and geographic location. For instance, if your minor child is in the last few years of high school in Houston, Texas, it may not be a good idea to choose a guardian in Minnesota.   The best-case scenario will be one in which the child’s school life is disrupted as little as possible after a tragic loss.

The “bachelor uncle or clueless aunt” has been a popular theme in TV sitcoms and movies.   These stories typically involve a man or woman who has no clue how to even speak to a child suddenly becoming a full-blown parent overnight. Plus, this “instant parenthood” is usually a total surprise. While hearing an adult say “Gee, what do you feed them?” can be hilarious on TV, it probably wouldn’t be so great in real life. Therefore, I suggest that you always ask the person who you are naming as guardian if s/he would be willing to take on the responsibility of child-rearing.

In addition to being a lot of responsibility, raising a child is expensive. You are going to want to make sure that whatever you have (whether your wealth is large or small) is available for your child’s needs.   The best way to do this is to give that property or money to your child, with a Trustee looking over it.   That can easily be accomplished in your will.

If you have a minor child, you should have a will. Whether you are married or single, a young parent or a more mature one, wealthy or not, you should have a will. If your child is one day old or 17 ½ years old, do it! Don’t delay.

Kalish Law Office: The Woodlands, Texas

Wills and Trusts, since 1984
- views
0

21 Feb 2012

How to Make Changes in Your Will
- Edit
- Delete
- Tags
- Autopost
After a will is drafted, things sometimes change. When that happens, some people are tempted to just write on the original will. This is a very bad idea. This could make your entire will unacceptable for a later probate hearing, and your estate could be treated as if you died without a will.

If you do need to make a change, you should either a) have a codicil that is properly exectued and witnessed and reflects the changes or b) have a new will drafted and signed (depending on how major the changes are).

You should always keep your original will in a safe place free from stray writing, food, or coffee rings. Don't doodle or write on it or allow anyone else to do so.

Don't unstaple the will or add pages to it.

If you want to make notes on your will to show an attorney, make a xerox copy of the old will (preferably without unstapling it) and write on the copy.

The more "pristine" the original document is, the less likely the document's authority will be questioned.

Kalish Law Office, The Woodlands, Texas Estate Planning and Probate Law since 1984.
- views
0

23 Aug 2011

Excellent Resources for Caring for your Aging Parents
- Edit
- Delete
- Tags
- Autopost
The last two blog posts have dealt with helping and caring for elderly adults.    During my research on this subject, I have discovered a number of valuable resources that I’d like to share.

1. AARP www.aarp.org :   AARP has a wealth of information online. The website is available in English and Spanish.   There are various articles and a “Caregiver Resource Center”. Here is a link to an article about helping elderly parents move. http://aarp.us/pbVQ6g . Real people share real life stories.

2. Some Recommended Books:

Caring for Your Parents, The Complete AARP Guide by Hugh Delehanty & Elinor Ginzler

How to Say it To Seniors; Closing the Communication Gap with Our Elders, by David Solie

Social Security, Medicare and Government Pensions, Nolo Press

3. Other online sources:

The Mayo Clinic: Aging Parents; 5 Warning Signs of Health Problems http://bit.ly/aY89e

Medicare Rights Center http://www.medicarerights.org

Meals on Wheels Association www.mowaa.org

National Association of Area Agencies on Aging www.n4a.org

National Institute on Aging; Alzheimer’s Disease Education & Referral Center http://1.usa.gov/Be7aj

Family Caregiver Alliance www.caregiver.org

National Respite Locator Service www.respitelocator.org

Aging With Dignity www.agingwithdignity.org

HospiceNet www.hospicenet.org

I hope that these resources will prove helpful to any of our readers who are facing this situation now or planning for the future.

Kalish Law Office www.kalishlawtexas.com   The Woodlands, Texas
- views
0

1 Aug 2011

What Would Happen to Your Pet if You Died Unexpectedly?
- Edit
- Delete
- Tags
- Autopost
Pets are part of the family, often have jobs to do in our homes, and provide us with love and companionship. Yet, many people do not make plans for what would happen to beloved pets after the owner’s death.

Providing for pets is different than providing for minor children.

Pets may be provided for informally (by agreement between parties), or formally (by naming the pet in a will or trust).   [A “trust” is a situation in which the money or property of one party is held by another party (“trustee”) for the benefit of the third party. (“beneficiary”, and in this case, the pet)]. Trusts that are used for the benefit of minor children are not necessarily valid or appropriate to use for animals.

Pets can’t inherit money or property directly, so if you have a pet you want to provide for you have three basic options:

1.                          Find a friend or family member who will take your pet if the pet outlives you. Everyone who has a pet should, at a minimum, at least make sure that someone will step up and take the pet and give it a good home.

2.                          You can name that person as a beneficiary in your will, with the pet as a gift to this person. (You should also name one or two “alternates” just in case the first person can’t or won’t take the pet later on); there may be a gift of money given to that person along with the pet, but not always.

3.                          Or you may choose to use a trust for more control over how the pet is cared for after your death. There are many options on how to draft the trust, and how it will be administered.

Any trust for animal care must be carefully worded to avoid conflict with Texas law, and to minimize the likelihood that beneficiaries (or potential beneficiaries) might

contest it.   People who have little or nothing to lose by contesting the will or trust may do so out of hurt feelings combined with a sense of entitlement or for spite.

One easy thing that can be done to protect your pet that will cost you nothing -carrying a card in your wallet that tells about your pet. This may save your pet’s life if you are injured or killed.

Providing for pets is part of the total picture of estate planning. Just as you provide for the humans in your family, the disposition of your property, and the ongoing operation of your business, you can discover the various options available for caring for your loyal pets.   An estate planning attorney can help you understand your options.

Kalish Law Office: wills, trusts, probate and estate planning attorneys in The Woodlands, Texas www.kalishlawtexas.com
- views
0

31 May 2011

Why you May Need to Make a New Will When you File for Divorce
- Edit
- Delete
- Tags
- Autopost
Even though Texas is a community property state, you still have the right to direct who will inherit your portion of that property when you die.
If you have a will which leaves everything to your spouse, the bequest will not be invalid just because you have filed for divorce, even if you are just one day away from getting your final divorce. Consider the following scenario:

Patricia and Wesley have been married for 10 years.   They filed for divorce a year and a half ago and have the final hearing scheduled to occur in two weeks. A few of the major issues leading to the divorce was Wesley’s belief that Patricia does not manage funds well and does not put their son first in her life. Wesley has some separate property and some community property and if he were to die, he would want these assets put into a trust for their son.   He has no other children. However, he does not update his will during the divorce, relying on one which was made 8 years ago. He is in a tragic accident and dies just two weeks away from the finalization of his divorce. His current will leaves everything to Patricia, as his wife. The will further states that as long as Patricia is alive, nothing will go directly into trust for Wesley. When he dies, Patricia is still his legal wife and is the sole heir. Hopefully, Patricia will use the assets in a manner to benefit their son and will put his needs first.

When a divorce is first filed, it is common for orders from the court to be in place that forbid the spouses from transferring or selling money or property, changing insurance policies, and so on. These orders are sometimes requested by one or the other of the parties. In some counties these are part of the local court rules and are automatic. However, there is no prohibition against making a will which will dispose of the person’s own portion of the property upon his or her death.

Having a current will can be especially important in divorces which are long and complicated because of the issues involved, or because one or both spouses work and travel outside the US, causing difficulty in scheduling.   It is also important in cases in which one spouse is ill, or works or travels in a dangerous occupation. It can be emotionally important to a spouse who has been abused or abandoned.

Wesley could have signed a new will that left some of all of his property in trust for his son and named a trustee to manage the estate for his son. He could have chosen Patricia, or someone other than Patricia to take on this duty. This would have avoided the risk of Patricia inheriting 100 percent of his estate at a time when that is clearly not what he would have wanted.

The Kalish Law Office is located in Spring, The Woodlands, Texas, just north of Houston and south of Conroe. We have been practicing family and probate law since 1984.
- views
0

17 May 2011

Where Should You Keep your Original Will and Powers of Attorney?
- Edit
- Delete
- Tags
- Autopost
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.
- views

Search
Sites I Like
Tags
Archive
- 2012 (19)
  - May (2)
  - April (3)
  - March (4)
  - February (5)
  - January (5)
- 2011 (73)
  - December (4)
  - November (6)
  - October (7)
  - September (6)
  - August (6)
  - July (4)
  - June (5)
  - May (8)
  - April (4)
  - March (7)
  - February (8)
  - January (8)
- 2010 (98)
  - December (5)
  - November (6)
  - October (7)
  - September (7)
  - August (11)
  - July (10)
  - June (7)
  - May (7)
  - April (5)
  - March (10)
  - February (13)
  - January (10)
- 2009 (5)
  - December (5)

3 May 2012

21 Feb 2012

23 Aug 2011

1 Aug 2011

31 May 2011

17 May 2011

Search

Sites I Like

Tags

Archive

KalishLawTexas' legal blog The Woodlands

Get Updates