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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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      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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      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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      3 Jan 2012

      Time for New Beginnings

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      Welcome to the New Year.   My wish for everyone reading this blog is that you can feel the energy and possibility that the New Year brings.  If you are going through a difficult time right now the beginning of a new year may create a feeling of apprehension, hope, or a blend of those feelings, and understandably so. 


      The New Year is a good time to take stock and get organized. It’s a good time to act upon something that you’ve been putting off, evaluate a situation you’ve been ignoring, and look for ways to improve your life. Don't put off doing the things that you want or need to do.

       

      Poet Edith Lovejoy Pierce wrote:  "We will open the book. Its pages are blank. We are going to put words on them ourselves. The book is called Opportunity and its first chapter is new Year's Day."

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      20 Dec 2011

      Assisted Living Resources Online

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      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

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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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      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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      23 Aug 2011

      Excellent Resources for Caring for your Aging Parents

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      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

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      27 Jun 2011

      How to do a Little Legal Research Online.....

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      My posts about how to find legal information on the web have been wildly popular in the past, so here is another gem of wisdom on how to catch that elusive thing called legal knowledge.

       

      You can always google, bing, yahoo or ask your way to an answer, but you may have to search through a lot of information that doesn’t cut to the chase. 

       

      So, here are a few tips for doing legal research (and a few cautions, too!)

       

      TIPS (The best places to find good information):

       

      1. State Bar websites: Many state bar associations have specific pages for non-lawyers.  For instance the Texas State Bar has a page “for the public” 

      Non-lawyers can download pamphlets and also information that previously appeared in the Texas Bar Journal client pages.

      2.  www.lawyers.com   This site has legal forums and blogs and is searchable.

      3.   www.avvo.com  legal forums and legal guides

      4.   www.findlaw.com  Here you can “Learn about the law” and “Browse legal wiki”

      5.   www.nolo.com  Lots of information on various legal topics

      6.   Groups or sites that are specific to your problem or area of law, for instance:

      For immigration: USCIS: www.uscis.gov

      US Patents and Trademarks For copyrights and trademarks

       Texas Workforce Commission

      Many professional groups also have a helpful links page.

       

      CAUTIONS:

       

      1. Don’t base an opinion on the wrong law.  Make sure you know whether you are looking at the right law (State or federal?  Current or old law?  Does it apply?)
      2. Don’t believe everything you read, especially on message boards and chat, and don’t assume that it applies to your situation.
      3. Don’t share personal information in a public forum. (not only is it dangerous in general, but if you are involved in a legal action later your posts may work against you)
      4. Beware of scams and of people who are “practicing law without a license.”  

       

      Now you are ready to get some background information for your specific legal question, or just because you want to learn something new!

      Be sure to contact a lawyer when the situation calls for it.  Just as you would consult a professional to deal with a medical problem or a problem with your car engine, you should consult a legal professional in certain situations.

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      2 Jun 2011

      Avoiding Adoption Scams

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      This is an excellent article which was just posted on the National Council for Adoption website.  Very good, practical advice on  how to spot and avoid adoption scams.

      http://bit.ly/myG83E

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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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