KalishLawTexas' legal blog The Woodlands

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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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24 Oct 2011

Gestational Agreements in Texas
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There is a specific procedure under Texas Family Law for having gestational agreements recognized and validated by a court. The Texas law must be followed, with the proper legal procedures done in the order, so that the intended parents are the full and final legal parents of the child, and the other parties involved do not retain any parental rights and responsibilities relating to the child.

Gestational agreements used to be called “surrogacy agreements”.

“Surrogate mother” = a woman who bears a child for another woman, whether or not the surrogate mother contributes her own eggs.

“Gestational mother”= a woman who bears a child for another woman who does not contribute her own eggs and is not genetically linked to the child.

Texas law says that

-the gestational mother cannot be the genetic mother of the child.

-there have to be two “intended parents” and they have to be married, to each other

- The intended mother must demonstrate to the court through medical evidence that she is unable to give birth to a child, unable to carry a child to term, or unable to give birth without unreasonable health risks to herself or the child

- The gestational mother must have had at least one previous pregnancy and delivery and no unreasonable health risks

- The gestational mother does not have to be married, but if she is, her husband must be a party to the contract

- The child must be conceived through assisted reproduction

- The gestational mother, her husband (if she is married), and the donors (if there are any donors other than the intended parents) must relinquish all parental rights and duties to the child that is conceived

-the agreement must specify who is paying for the health care expenses

-the agreement must be validated in a court at least 14 days before the embryo is implanted in the gestational mother

- Agreements which are not validated by a court will be unenforceable

- The court may order a home study of the intended parents (and likely will do so)

- The intended parents must be “fit” to be intended parents (just as adoptive parents must show their parental fitness)

- The gestational mother and the intended parents exchange health information throughout the gestational period

- The gestational mother has the right to safeguard her health and the health of the embryo and the gestational agreement may not interfere with those rights

-the prospective gestational mother or the intended parents must have resided in Texas for 90 days preceding the date the petition to validate the gestational agreement is filed in a Texas court

It is not recommended that parties enter into “Informal” gestational agreements which do not follow the Texas law. Texas courts will not validate these and there are risks that one or more of the parties may change their mind, that a party who didn’t expect it may be held liable for child support, or that there a conflict may arise about who has the right to custody of the child. The risks of a child being in “legal limbo” or a subject of a multi-party custody battle are simply not worth taking a chance!

A gestational mother can end the agreement before she becomes pregnant.

Not all states recognize gestational agreements, and even among those states which do, there are differences in the law. This is a somewhat controversial area, and definitely one in which we will see further legal development in the years to come.

Kalish Law Office in The Woodlands Texas: Family lawyers since 1984. Gestational agreements, Adoption law, and family law affecting children. 281-363-3700 www.kalishlawtexas.com
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28 Mar 2011

Excellent Resources for Texas Employers
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Running a business is demanding and business owners can use all the help they can get. I just attended my second TWC (Texas Workforce Commission) Business Conference for Texas Employers.

Is it my opinon that many, if not most Texas employers don't know about the resources available to help them. For some employers, "TWC" may have a negative connotation because the agency is associated with "having to pay taxes", regulations, claims for unemployment or injury against the company, and audits.
In reality, the TWC has an entire section that is devoted to Texas employers. There are three Chairmen appointed to the Texas Workforce Commission. One represents employers, one represents labor, and one represents the public. As part of the agency's service to Texas employers, the following resources are available:

1. The Texas Employers' Hotline, where employers can call and ask questions 1-800-832-9394

2. The magazine "Texas Business Today", which is available free of charge by an online search, or by subscription. http://www.twc.state.tx.us/news/tbt/tbt.html    In addition to containing legal information, this publication also contains good, practical advice about day-to-day situations in the workplace and advice about how to deal with them. For instance, in the Winter 2011 issue, check out the articles "Taking steps to deal with poor attitudes in the workplace" and "How to deal with employees who refuse to sign policies or warnings" (by William T. Simmons, Legal Counsel for Chairman Tom Pauken).

3. An all-day seminar for Texas employers which is " a steal" at $85 and de-mystifies employment laws and regulations, unemployment benefit calculations, and hiring procedures. Seminar materials include a text and disk with explanation of the laws affecting Texas employers, required posters, sample forms and sample language to help you create office policies.

4. Programs that reward Texas employers for hiring an unemployed worker, or a veteran. Check out http://www.twc.state.tx.us/news/txback2work.pdf

5. the "Skills for Small Business" Program for tuition reimbursement for employees who further their skills by attending work-related classes at a local community college.

Texas employers, be sure to check out these helpful resources! Be aware that some of the programs available may not be available forever, as funding may be limited.

Kalish Law Office has been representing businesses and families in The Woodlands, Texas since 1984. www.kalishlawtexas.com
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3 Mar 2011

The Risks of Refinancing Your Home With Your Spouse or Partner
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WARNING! Joining in the refinancing of a home previously owned by your spouse or significant other does not guarantee that you actually “own” part of the house.

Signing the Promissory Note DOES mean that you are legally responsible to pay the mortgage on the property. However, it does NOT mean that the property is automatically in your name, or that if your spouse dies you will automatically inherit all or part of the property.
Here is a specific example that could contain a nasty surprise waiting somewhere down the line:

Husband has three adult children by a previous marriage. He is divorced from Wife #1, and he owns his home, which is in his own name.   He then marries Wife #2.

Husband and Wife #2 evaluate their joint financial situation. They decide that it would be financially helpful to them if they were to refinance the home that they live in. They apply for, and are granted a new mortgage. It is at a better interest rate, especially since Wife #2 is a co-borrower. Husband and Wife #2 both sign the refinance agreement, but there is no deed filed in the county records which gives part ownership of the home to Wife #2.

The couple goes along happily with their life.   Then, Husband dies suddenly, and without a will.
Under Texas law, his prior children inherit the ownership of the home, since the deed is in his name and it is his separate property.

Wife #2 does have a “life estate”, which means that she is allowed to live in the same home that her stepchildren now own. Under the paperwork she signed with the mortgage company, she is still obligated to pay the mortgage, but the home is not in her name and she cannot pass the home or any portion of it on to her own descendants. If she chooses to just walk away from the home, she is leaving behind the money that she and her deceased husband have already put into it, and her stepchildren don’t have to compensate her.

This is a sobering set of facts, but unfortunately it is very common.

It is very unlikely that the Husband in the example wanted this to happen.   It is more likely that he wanted Wife #2 to own 100% of the house upon his death.

The situation could have been avoided in two ways. First of all, a properly drafted and filed deed would have protected Wife #2, because it would have given her immediate rights and ownership in the property. It would have legally given her her own portion, regardless of whether the Husband lived or died.

Secondly, the Husband could have had a valid will, which would have spelled out exactly what was to be done with his 50% upon his death.

It is important for everyone to understand all of the consequences of refinancing property. It is especially when dealing with second marriages, stepfamily issues, and non-traditional families. Couples who are in same-sex partnerships and cannot legally marry each other and couples who are unsure of their "common law" status or choose not to marry can be especially vulnerable to these problems.  A timely legal consult can avoid serious problems and unpleasant surprises later on.

Kalish Law Office has been representing clients in family law and real estate law since 1984. Located in The Woodlands, north of Houston, Texas. 281-363-3700. www.kalishlawtexas.com
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25 Jan 2011

What You Want to Know About Termination of Parental Rights in Texas
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Certain legal conditions must be met before parental rights are terminated by court order.

There are two types of termination; voluntary and involuntary.

A voluntary termination of parental rights occurs when the parent whose rights are being terminated agrees with the termination, cooperates, and signs the proper paperwork and/or appears in court and testifies that s/he is voluntarily giving up rights.

An involuntary termination occurs when the parent whose rights are being terminated is not in agreement with the termination. This can occur when the parent actively opposes the termination, stands by passively and allows it to happen, is absent with whereabouts unknown, or refuses to respond to the suit.

Even if an absent parent cannot be found to be served with a lawsuit terminating rights, there are certain legal steps that can be taken to give “legal notice” without “actual notice”. Translating from “Legalese” to “English”, this means that just because a person is missing or hiding, the termination may still go on. If the termination is in the best interests of the child the judge can make that decision.

Specific legal steps must be taken to locate a missing party. There will also be an attorney appointed to represent the interests of the missing parent.

Termination is not a given. A judge can refuse to terminate parental rights if the judge believes that it is not in the best interests of the child to do so. This can happen even if both parents are in total agreement about the termination.

Here are three common situations involving termination of parental rights:
1. Adoption. In order for a child to be adopted, he or she must be available for adoption and (except in an orphan situation) that will involve terminating the parental rights of one or both biological parents. Step parent adoptions will commonly require the termination of rights of one biological parent.
2. Abuse, Neglect or Danger. Parental rights can be terminated for abuse or neglect or to prevent harm to the child. Child Protective Services may be involved in these cases.
3. Non support, no contact, abandonment, lack of acknowledgment. In some circumstances a parent can lose his/her rights by not supporting, visiting or acknowledging the child.
Parental rights are protected by law, and the terminations of those rights are not taken lightly. Many legal steps must be performed in order for a termination to be granted. The primary consideration is the health, safety, support and well-being of the child involved.

Kalish Law Office in The Woodlands Texas has been representing clients in cases involving termination, adoption, paternity, and parental rights for over 26 years. www.kalishlawtexas.com 281-363-3700 “Passionate Professional and Personal. We Make the Difference.”
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15 Dec 2010

Will Your Divorce be Uncontested?
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An uncontested divorce is one in which both parties are in agreement about what is going to happen, and they cooperate in the process. Therefore, it is less expensive than a contested one and is completed more quickly.

In an uncontested divorce, the parties are in agreement about the issues (division of assets/debts and custody/support/visitation of children). Since they are in agreement, the court does not need to make the decision for them. (However the court will still need to approve the final decree.)

Many divorces start out as uncontested ones, but become bitterly contested along the way. Here are some tips to keep your divorce uncontested and moving along.
1. Be considerate when discussing your new life. Even if you both want the divorce, there will be sadness and loss associated with the changes that are being made. Try to be sensitive when discussing your new job, living arrangements or dating goals.
2. Be careful about how you handle new friendships or dating relationships. Openly dating before the divorce is final can be risky, especially if you take your date around your children.
3. Respect your spouse’s privacy. If you are living separately, give your spouse the courtesy of a phone call when you plan to visit. If you are still sharing the same house, respect your spouse’s territory and things and ask that s/he do the same for you.
4. Don’t make unilateral decisions about joint issues. Don’t decide who gets the living room furniture or the family pets, or which debts are going to be paid without allowing your spouse a chance to be heard and have imput into the decision.
There are some situations in which the above strategy doesn’t work. For instance if your spouse is engaging in behavior that is harmful to himself/herself or others (especially your children), if your spouse is wasting marital assets, not paying debts, or is being physically or emotionally abusive to you. In those cases it may be wiser to take legal action, even if the divorce takes longer.

You should never agree to terms that you know you cannot live with just to get the divorce finished. You will live to regret it later, and may have to spend thousands of dollars to “fix” the problems.

Your divorce attorney can guide you through these difficult decisions. When emotions run high, it is best to take a deep breath and consider the whole picture, rather than acting rashly and saying things that you will later regret.
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5 Oct 2010

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