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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26 Mar 2012

Understanding Hague Adoption Law: Why it is so Important
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We are often called on to consult with prospective adoptive parent(s) about potential foreign adoptions.   In some of these cases, the child is already known to the parent(s). The “known” child may be a relative or “friend of a friend”.

Stricter international adoption laws have been enacted in recent years, in order to prevent child abductions, selling of children and abuse of the system. These laws also prevent adoptions which are sought solely in order to circumvent other immigration laws.

The Hague Convention on International Adoption is now law in many countries. The 'normal' procedure involves potential parents applying to adopt and waiting to be matched with a child, therefore it is much more difficult to adopt a “known” child. There are “exceptions”, but these are often poorly defined and difficult to prove.   Therefore, a couple who wants to adopt a niece or nephew, or a child of a friend may have a difficult (or impossible) goal in mind (depending on the circumstances and the countries involved).

The paragraphs above apply to "Hague Adoptions". In the case of a U.S. parent seeking to adopt from a foreign country that has not ratified the Hague Convention, a different set of laws apply. Still other difficulties can arise.

Each adoption is different, and the facts of the case and the laws of the individual countries must be considered.   There is not one, standardized model to follow, and the laws can be confusing. Under this system, it is possible for a couple to go to a foreign country, adopt a child under the laws of that country, and never be able to legally bring the child to the United States. (this can even happen if one of the adoptive parents is a citizen of the foreign country).

Due to the changes in international adoption law and also in U.S. immigration law, it is not safe to assume that as long as the adoption is done “for the right reasons” everything will be fine.   If the laws are not followed specifically, and the steps done in the proper order, a family can end up in a situation where family unification is difficult or impossible.    Another costly and exhausting scenario involves having to void an improperly obtained adoption and re-do the entire thing, in the proper order and with the proper documentation. There is always the potential for something to go wrong the second time, which would be a heartbreaking situation.

After many years of working with foreign adoptions, if I were asked to give one piece of advice to potential parents it would be this:  PLEASE, get ALL of the facts about ALL of the laws involved and seek a legal consult EARLY with an attorney who is familiar with international adoption law, U.S. immigration law and the family law of your state. Do this BEFORE you fall in love with a child and BEFORE you make plans which affect the future of the entire family.

Kalish Law Office has been representing adoptive families since 1984.
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14 Mar 2012

Protect your Interests: Scan, Copy, and Organize your Important Documents
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Sure, it sounds like a lot of trouble, but once you get a procedure in place, it won’t be difficult.

You should always know where your important documents are located. You should also have photocopies or scanned copies of the most important of these documents.

Scanning a document into your computer and then storing it as a pdf may be the quickest way to keep yourself organized. This also helps you to do a “search” for a specific term on the computer screen, rather than reading through an entire contract. You can organize the folder by subject or by year.

If you don’t like to work on the computer or don’t have a scanner available, you can make photocopies of the documents. But don’t put them in the same location as the originals, in case of fire, flood or disaster.

Here is a partial checklist of important documents:
1. Insurance policies, booklets and contracts (life, health, auto, business, property, flood)
2. Original will and trusts documents you have signed
3. Powers of attorney and health care documents
4. Immigration papers (certificate of citizenship, legal permanent resident card, receipts for pending applications)
5. Passports
6. Driver’s license
7. Birth certificates
8. Death certificates of family members
9. Identifying account information for policies
10. Home and property deeds
11. Titles to autos
12. Information about retirement accounts
13. Medical information and history
14. Legal information and history (case number and date of past lawsuits)
15. Corporate books and papers, partnership agreements, certificates of filing with the state
If any of the documents are unable to be effectively scanned or copied (some documents, especially government documents may not be able to be), then at least keep a list of the pertinent information on the document (date, number, etc.) that would enable you to replace it if necessary.

Don’t rely on your doctor, lawyer or CPA to keep documents for you. Even in the age of scanning and electronic records, most professionals do not keep records forever and may not be available if you need something quickly.

Kalish Law Office The Woodlands, Texas; "Passionate, Professional and Personal. We Make the Difference." Since 1984.
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21 Feb 2012

How to Make Changes in Your Will
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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.
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31 Jan 2012

I Want a Divorce: NOW!
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Whether or not to get a divorce can be a difficult decision to make. Sometimes a person who is in a bad situation may agonize over the decision for years, going back and forth about what to do – only to wake up one morning and know that now is the time to act.

If you are in that situation, you should be aware that there is a waiting period in the State of Texas. A divorce will not be finalized until at least 61 days after it has been filed.
Between the filing and the finalization, other steps must occur.

1. The non-filing party (respondent) is entitled to proper legal notice. Generally, that person must either:
1. be “served” in a way that is legally enforceable (usually by personal service unless that is impossible or the judge has granted an alternative means of service) OR
2. must enter into the suit voluntarily by responding to it and filing proper paperwork OR
3. must indicate his/her agreement with the divorce and the final decree by signature on documents (waiver, final decree) properly signed and presented to the court.
2. The case must be “proven up” by being heard by the judge (in some cases only one party appears, in other cases there may be a full trial with a judge and possibly a jury).

3. The judge must approve and sign the order that officially divorces the couple.

4. Additional possible requirements: If there are children involved, each party will need to take a parenting class. If the case is contested, mediation may be required.

The amount of time that a case takes depends on the complexity of the case, whether there are children or property involved, the rules of the county/court in which it is filed, and whether the parties are in agreement about the divorce and final terms.
How quickly a final hearing date can be obtained will depend on other practical matters, such as the court’s schedule, schedule and availability of the parties and their attorneys, and the amount of time that it takes to draft, review and sign the necessary documents.

Kalish Law Office The Woodlands, Texas; "Passionate, Professional and Personal. We Make the Difference." Since 1984.
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13 Dec 2011

Representing yourself in court? Here's the Best Advice I can give You
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I am a lawyer, so naturally my mind doesn’t work like a normal person’s mind. I don’t know if I have always been that way or if law school created that situation.
If someone asks me a question that they think is “straightforward” and deserves a simple “yes” or “no”, my answer is often “it depends”.   When I am given a fact or piece of information, I can often think of 10 or 15 questions without even trying.

Despite my ability to go on and on, I am going to try to be simple, quick and straight to the point about this issue: If someone said to me, “I am going to represent myself in court? Quick, what should I look out for?” my answer would be one word- Procedure.

Sure, I could write several pages about being “pro se” (which just means representing yourself). And I am filled with legal knowledge, if I do say so myself. But the best piece of advice I could think of would be this: pay attention to procedure.

I am pretty sure that anyone who is representing himself or herself in court already knows facts about their situation, knows that they should do some research, and knows that just hoping it will go away is not a good plan. But where many people get “tripped up” is in ignoring legal procedure. Here’s why:   There are different procedural rules depending on whether the case is state or federal, agency or courtroom, and which type of law. The procedures vary depending on the state, the county, the type of court, and even the individual judge!

Procedural rules determine things like what legal pleadings must include, how a party is served notice of a lawsuit, how long parties have to respond, how parties give notice to each other, how hearings/trial are scheduled, how “discovery’ is done and answered, whether parties must go to mediation or not, when appeal is permitted and how it is done, how money is collected when a judgment is won, and many, many more things.

My point here is this: if you are representing yourself it isn’t enough to just know what the suit is about and something about that type of law. You must also know about the procedure that applies to your case and how to follow those rules.   A trip to the clerk’s office or a call to the staff in the court where your case is filed are good places to begin. Also, be sure to read every line of every paper that you receive from the court or the clerk’s office (or administrative office or agency) in your case!

Kalish Law Office, The Woodlands, Texas. “Passionate, Professional and Personal. We Make the Difference”.   www.kalishlawtexas.com
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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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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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14 Nov 2011

Take It Easy
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Economic worries tend to make people angry, bitter and distracted. In tough times, people are more likely to complain, blame, and be generally unappreciative of others. This is evident when driving down the road, standing in line at the store, and observing the tense, unhappy looks on the faces of people.

There is no question that times are tough. Feeling it, believing it and saying it doesn't make you a cynic, it makes you realistic. This year in Texas, at the same time the economy was taking a toll on us, we were hit hard by drought and extremely hot weather.

When times are tough, it is more important than ever to show a little compassion to others. We are all facing our own problems and worries. A “thank you” and a spirit of cooperation instead of a demanding attitude will go a long way towards helping us all get through a difficult time. Especially now.

Very often the stress we feel and show to others is caused by excessive, constant worry. In tough times like these, our minds are going constantly with “to do” lists, worries and plans. It is hard to slow down our thought processes but lower blood pressure and a happier frame of mind are the rewards for taking a little extra time.



The Eagles said it best when they sang, “Take it Easy.... Don’t let the sound of your own wheels make you crazy.”   The song is classic (old!), and the advice is still good.



www.kalishlawtexas.com
"Passionate, Professional and Personal. We Make the Difference." Since 1984
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7 Nov 2011

Dispute Errors on Your Credit Report
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You can dispute credit report errors, on your own and you usually don’t need an attorney to do it.
The first thing that you need to do is to determine whether errors or omissions exist on your report, and if so, what they are. An “error” is false information and an “omission” is something which is not on your report that you wish were on it. (such as showing a debt that you paid off or other favorable information).

You can get one credit report free every year, from each of the major credit reporting companies. (you also are entitled to a free report if a company denies an application or denies you a job based on information in your credit report.), The three major credit reporting agencies are Equifax, Experian, and TransUnion, and you can access all three of them online.

Once you have your report in hand, you should go over it carefully. Note the errors. You will need to gather any documents that support your position and make copies of them. There may be blatant errors and inaccuracies on the report, debts you dispute, or erroneous information (for instance, your ex-spouse’s present address may be listed as one of yours when you never lived there).

Write to the reporting agency to specify what you are disputing, or want added or changed. Follow up to be sure that you receive a reply, and compare the results to the request you made, and to your previous report.

Additional Advice: When you have a disputed charge, or settle a dispute with a company, you should keep proof in a file because you may have to correct your credit report much later (even years later).
The Federal Trade Commission website has more detailed information about this, as well as a sample dispute letter. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm

www.kalishlawtexas.com

“Passionate, Professional and Personal. We Make the Difference.” Since 1984

Serving Spring, The Woodlands, Conroe, Houston, Cypress, Waller County and Surrounding areas
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