KalishLawTexas' legal blog The Woodlands

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

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

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.

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

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

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.

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

My last blog post dealt with caring for and helping senior adults, and mentioned some of the challenges that you are likely to encounter.   Now I want to share my review of a book that I discovered.  

”How to Say it to Seniors; Closing the Communication Gap with Our Elders” by David Solie (Prentice Hall Press © 2004) is an excellent guide to communicating with senior adults.    I highly recommend this book for anyone who is dealing with senior adults in a family or a business relationship.

Mr. Solie is a speaker and educator. He has a background in finance, and worked for several years with companies that primarily dealt with senior adults. 

The book presents a fresh and honest perspective on the communication gap between seniors and middle-aged adults. 

We all go through developmental growth / personality development at different periods of our life, he writes.  What is seen too often as a “decline” in older adults can be seen as a normal developmental process. The older person is simply learning to deal with the changes in life, losses, and independence that aging brings.  

Solie states that “the secret mission” of older adults is to 1) maintain control and 2) leave a legacy.  He suggests ways to allow the person to keep control and dignity while dealing with the changes that the person is going through.  He explains why “trying to help” and explaining things logically (or, what is logical to the younger adult) meets with such strong and sometimes baffling resistance, why an older person’s focused occupation with a certain topic makes sense to them but seems obsessive to a younger person and how to deal with “NO!” 

It is written in a manner that is respectful to all concerned.  The concerns and frustrations of all sides are examined thoughtfully.   Various practical ways to approach common problems are suggested.  Although concerns over the elder’s safety and health are treated as serious, younger adults are also advised that sometimes they just have to “let go” and allow the elder person to choose their path.  The most progress is made when the elder person is allowed to maintain as much control and choice as possible.

Of course there are situations that have progressed to the point where physical, emotional or mental issues have rendered the person a danger to themselves or others and someone must step in immediately and take control.  But even those extreme situations can be helped by a willingness to see things from a slightly different viewpoint.

I highly recommend this book to anyone who is dealing with older adults. It is pleasant reading, refreshingly honest, and without psychological, medical or legal mumbo-jumbo.  Just good, solid advice.

Kalish Law Office, The Woodlands, Texas.   www.kalishlawtexas.com Wills, Probate and Elder Law. “Passionate, Professional and Personal. We Make the Difference.” Since 1984

Caring for aging parents presents a variety of challenges. Due to changing times and financial concerns, it is more important than ever to have a plan.  Here are some situations in which you may find yourself:

1. Your parent(s) have planned for their retirement years and have adequate assets, and presently do not need any assistance with day-to-day activities or finances, but you are beginning to be concerned for the future.  
2. Your parents(s) have some resources, and maybe even have a plan, but you don't know the details and believe they may run out of assets while having serious medical needs.  
3. Your parent(s) have no assets, very limited assets, or adequate assets but poor physical health and you are definitely going to need to be involved with their physical and/or financial care.

 Here are some challenges that may arise:

1.      Siblings or Lack of Siblings:  If you have siblings, there may be disagreement between you as to how to handle the situation. It is also common that parents fear showing favoritism and so they seek to avoid naming an executor, granting a power of attorney, and so on, even if they feel they need to.   Siblings may avoid discussing the subject with the parents, or with each other, for fear of seeming dominating, or greedy.  “Only” children have a different set of problems, especially when a parent lives far away, and even more so if the parent is alone.  Onlies have no siblings to lean on or to ask for help and so they are often at a loss as to how to negotiate a parent’s aging issues.

2.      Trust issues:  There may be longstanding trust issues between parent and child.  Or a reluctance on the part of the parent to see the child as a capable adult.  There are also some physical ramifications of aging in some people, such as early Alzheimer’s disease and other brain-related conditions, that actually cause a lack of trust, or outright paranoia.  It is therefore difficult or impossible to have a meaningful dialogue about health and financial issues with a person who cannot trust.

3.      Fear of the loss of independence leading to procrastination:  Older adults often find that it is difficult to even discuss anything that has to do with a loss of independence.   This often leads to procrastination about planning for the future.  Middle-aged or younger people have difficulty with this, get frustrated and sometimes feel that getting aggressive about decision-making is the only option. This can lead to even more resistance on the part of the older adult.

What Can you Do and How Can an Attorney Help?

1. If your parent is willing, you can help him/her find a qualified estate planning attorney or elder law attorney.  Your level of involvement will depend on your parent’s physical health and willingness/ability to be involved in such discussions.  Your “help” may consist of nothing more than finding an appropriate attorney and giving the name and phone number to your parent, and/or driving him/her to the appointment and sitting in the waiting room.   Your parent may also request more or less involvement from you than what you feel comfortable giving but having some knowledge about the situation may relieve some of your worry.
2. You can see an attorney yourself.  If you have concerns and want help with how to deal with the situation of an aging parent, you can see an attorney on your own. The attorney will guide you through the most common legal concerns that arise in these situations; for example:   What are general powers of attorney and is one recommended?  What are the considerations for health care powers of attorney and other related documents?  What about medicare / Medicaid planning?   What options are available for early distribution of real property or personal property to beneficiaries and what are some possible problems with this strategy?   Is it desirable to try to avoid probate?
3. It is often easier to discuss difficult issues in front of a third party. Whether the third party is an attorney, financial planner, family doctor or therapist, people often find that the professional office is a “safe place” to respectfully voice their concerns, questions and fears.
4. An attorney can guide you to other resources.   An attorney can help you find available social services, literature, websites, and other professionals that are beneficial to the journey that you are on with your parent.   Your parent’s situation may require a “team effort” and a qualified elder care attorney can be part of that team.

Kalish Law Office in The Woodlands / Spring Texas has been helping older adults and their families with estate planning issues since 1984.  We are passionate about assisting our clients in this legally and emotionally difficult area in a competent and respectful manner.  We look forward to assisting you and your family with creating a viable future plan to ease some of the inevitable concerns and potential conflicts that arise in this area of law.  281-363-3700

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