Attorney Blog

Do I Need A Power of Attorney?

Tue, 21 Feb 2012 08:00:00 EST

The simple answer is YES; in fact, everyone 18 years of age or older needs the appropriate Powers of Attorney.

The Statutory Durable Power of Attorney allows you to name who you want to make financial decisions on your behalf. You choose when it becomes effective. This Power of Attorney can take effect immediately and is not affected by your subsequent disability or incapacity OR it takes effect only upon your incapacity or disability.

The Durable Power of Attorney for Health Care allows you to name who you want to make medical decisions for you in the event of incapacity or disability. This Power of Attorney ONLY becomes effective when you become disabled or incapacitated.

Without these documents, you have no control over who makes these decisions for you. If you should become disabled or incapacitated and unable to handle your financial affairs or make your own medical decisions, the Court will step in and decide who your Guardian will be. The Court will also have the final say so over what decisions the Guardian can and cannot make.

Other important documents you need include:

The Directive to Physicians also known as your Living Will, declares to everyone your wishes with respect to life-prolonging treatments and procedures.
The HIPAA Authorization also known as the Health Insurance Portability and Accountability Act permits you to name individuals who can have access to your medical information and procedures.
The Declaration of Guardian allows you to name individuals you want to be the guardian of your person and estate in the event of incapacity AND further allows you to name an individual or individuals who you DO NOT want to be the guardian of your person and/or estate.

New IRS tax regulations make personal injury settlements more pain-free.

Wed, 15 Feb 2012 08:00:00 EST

The IRS has just issued new regulations for tax-free legal settlements related to personal injuries. Effective immediately, recovery for an injury need not be based on tort law to be tax-free. Torts refer to civil violations that could be grounds for a lawsuit such as battery, negligence and other causes. The section 104(a)(2) exclusion from gross income for tax purposes has been expanded to include any amounts received on account of personal injuries or physical sickness.

While emotional distress is not considered a physical injury or physical sickness by itself, damages for emotional distress caused by a physical injury or physical sickness are excluded from income. An example is emotional pain and suffering as the result of an injury sustained in a car wreck.

According to Hutton Sentell of The Ashmore Law Firm, that’s good news for those who, under past laws, might have been taxed for such conditions as emotional distress, even if it was caused by a physical injury. As long as there is no economic gain to the injured party, the element of a settlement satisfies the requirement set forth in section 104(a)(2) and is considered a financial reimbursement to the taxpayer for his or her loss to return them to the position they were in before the injury.

We are not tax attorneys and do not give tax advice, so you will need to consult with a qualified tax professional on your particular situation. But the new regulations provide a bit more peace of mind for personal injury situations from a tax perspective.

Without this New Year's Resolution, it could be a matter of life and death. | Setting up your Estate PLan, Living Will, Living Trust, and Power of Attorney in Dallas

Tue, 31 Jan 2012 08:00:00 EST

Another year is here…and you haven’t made your estate plan yet? This is one resolution you can’t afford to put off, because of the financial and legal burdens placed on your family if it is ignored. The objective of an estate plan is to ensure your assets are protected, both while you are alive and after your death.

Estate tax laws are changing, so you need to work with a qualified estate-planning attorney to make certain your estate plan does what you want it to do. For example, the estate tax exemption is $5 million for an individual and $10 million for a couple with a maximum tax rate of 35% for those who die before January 1, 2013. It is unclear what it will be starting January 1, 2013, therefore, if you already have an estate plan, you may need to rewrite or review it before the end of the year to reflect current tax exemptions and tax rates.

Estate Planning is not just for the elderly or the rich. In addition, estate planning is not just about what happens when you die. It is also planning in the event you become incapacitated. At the age of 18 you become an adult. Although you may not need a Will, you do need at the very least a Power of Attorney. If you want to make sure you and/or your family is protected if you become incapacitated, or die, you need to consider having the following documents in place:

Last Will and Testament

Specifies asset distribution upon your death

Statutory Durable Power of Attorney

Empowers you to decide who controls your assets if you are
Incapacitated and not able to do so, or if you are planning a trip and not able to take care of your finances

Power of Attorney for Healthcare

Gives you control over who makes medical decisions on your behalf if you are incapacitated and not able to do so

Directive to Physicians (Living Will)

Enables you to decide which, if any, life-sustaining treatments you want in the event of a terminal or irreversible medical condition

Don’t let your most vital needs go another year (or two) without being addressed. Resolve to start 2012 by creating, reviewing or revising your estate plan. It makes no sense to have no plan.

Guardianship may not be that simple.

Tue, 10 Jan 2012 08:00:00 EST

In the recent film, Life as We Know It, two people whose careers are on the rise and don’t like each other suddenly find out they are both named co-guardians for an infant…when her parents are killed in an accident. Both guardians (a man and a woman) are godparents of the child and forced to care for her, not to mention having to live together. Many changes ensue when the two guardians learn how much it costs to raise a child and how challenging it is to get along with each other in the process.
Can this sort of guardianship situation really happen?
Not in Texas. It is plausible to have a legal document drawn that makes a godparent, or anyone of you choosing, a guardian. Keep in mind, however, a court must appoint a guardian; an individual does not become a guardian because a family member or friend appoints them as such in a document. In Texas, when necessary, a court appoints a guardian of the person, a guardian of the estate, or both:

a guardian of the person is someone who is responsible for making medical decisions, as well as where to live, go to school, etc.
a guardian of the estate (if necessary) is someone who is responsible for all of the estate’s assets such as money, financial decisions, etc.

But in Texas, there cannot be co-guardians unless they meet one of the requirements of section 690 of the Texas Probate Code:
Sec. 690. PERSONS APPOINTED GUARDIAN. Only one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and another of the estate, if it is in the best interest of the ward. Nothing in this section prohibits the joint appointment, if the court finds it to be in the best interest of the ward, of:

a husband and wife;
joint managing conservators;
co-guardians appointed under the laws of a jurisdiction other than this state; or
both parents of an adult who is incapacitated if the incapacitated person:

has not been the subject of a suit affecting the parent-child relationship; or
has been the subject of a suit affecting the parent-child relationship and both of the incapacitated person's parents were named as joint managing conservators in the suit but are no longer serving in that capacity.

Those you appoint to be guardians of your minor child(ren) should be notified before you die to make sure they are prepared to accept the responsibility of raising your child(ren) if anything should happen to you. It should come as no surprise, like it did in the movie. We also advise that you not only designate the guardian of the person and estate for your minor child(ren) in your will, but strongly encourage the completion of a document (that Texas allows) naming the guardian of the person and estate of your minor child(ren)in the event of your incapacity. Once appointed as a guardian by a court, one cannot merely walk away from that responsibility.
If you have any questions regarding guardianship, just give us a call. Life as we know it is unexpected, but planning for situations like these can save you from complications later.

Divorce FAQ in Dallas, Texas

Tue, 20 Dec 2011 08:00:00 EST

Roughly 40% to 50% of all marriages in America will end in divorce if current trends continue, according to Americans for Divorce Reform. Second and third marriages have still higher rate. While divorce must be a last resort, no one needs to live in an unhappy relationship…especially when it is volatile.
Try to work things out amicably. But if there are any “I want this, I want that” points of contention, a divorce that enters ‘messy’ territory can cost upwards of $10,000 for each side (this begins with a sizeable retainer for legal services upfront. After this point, legal fees are typically assessed on an hourly basis).
It’s easy to think—at least at first pass—that “I’m automatically entitled to 50% of this and that marital property.” While the law is true on its face, if the other party contests anything (i.e. you may want the house or retirement account, but so does your mate), then the situation can quickly escalate.
If you are thinking about divorce, here are some very important things you should consider before going any further:

Find a reputable attorney with whom you feel comfortable. Just as you choose a doctor, you should interview several different lawyers until you sense a good fit. Ask friends and family too, as well as the Dallas Bar Association. Many attorneys will provide a fee consultation, including The Ashmore Law Firm. Be sure to ask questions about how billing is handled, retainer fees and other matters.
Some divorce attorneys may promise you the moon, such as offering their services for an extremely low cost. Another possible red flag is a lack of contact between you and the attorney. Make certain that you will be regularly updated on the status of your divorce proceedings.
Seek counseling; divorce can be hard on your emotions and those of your children or others involved. The fact that one household is being split in two—like dissolving a partnership—can have serious consequences for everyone’s state of mind.
Consider a pre-nuptial agreement. Increasingly more common, such a document provides more of a safety net than not having one because it spells out how everything would be divided if the marriage were ever to end.
Find a roadmap. Books like Childless and Loveless: What You Need to Know About Divorce in Texas, which can be downloaded free from our website, provide valuable insight into exactly what you may be getting into along the path of divorce, from discovery and mediation to divorces that are contested. Written by a Dallas divorce attorney, the book clearly covers various aspects of Texas law and helps take the confusion out of the divorce process.

The Ashmore Law Firm is here to guide you through intricacies of divorce as smoothly as possible, with the experience and professionalism to handle all your needs. Working together as a team, we will decide on the best approach for your particular situation.

Source: Americans for Divorce Reform, http://www.divorcereform.org/stats.html

Protecting Our Parents

Wed, 14 Dec 2011 08:00:00 EST

As our parents age, many legal issues come into play. Parents want to be able to stay independent and care for themselves…without having to be placed under guardianship.

Sometimes that independence is not always possible, especially in the case of debilitating diseases like Alzheimer’s. There are also healthcare and end-of-life decisions to deal with, often made more complicated because as children, we may be faced with caring for our parents.

All of these things can cause stress for all parties involved, from both an emotional and legal standpoint. Side effects can include friction and even elder abuse (physical, financial). The good news is that there are many things children and parents can legally do in advance so that the path remains smooth as aging occurs.

First, talk to your parent. Be proactive and protect their interests by asking what their wishes are regarding assets and care needs. For example, depending on your parent’s assets, you may need to consider Medicaid. Some assets may be transferrable today (and only so much is allowed per year), even though your parent is not eligible for Medicaid for at least five years. With advanced planning, expenses like funerals can be paid for out of a parent’s personal assets while they are living and mentally stable.

Another possibility—though a last resort—is guardianship. There is sometimes a question of mental capacity, and the issue of who will manage your parent’s financial affairs, medical decisions, healthcare, assets and other matters is critical. A probate judge is the only person who can declare a person legally incapacitated. It is important to consult an attorney on issues of this nature; if everything is set up to your parent’s wishes, you can head potential negative situations off at the pass.

At The Ashmore Law Firm, we can help you navigate Power of Attorney, Living Wills, Estate Planning and other decisions that are critical for protecting your parents and those who may one day take care of them. Always feel free to ask us any questions.

Is Your Will In Place? The Three Not-Always-Joyful Days are Approaching....

Tue, 06 Dec 2011 08:00:00 EST

Test Content.

According to researchers, Americans are more likely to die on three particular days of the year: Christmas Day, the day after Christmas and New Year’s Day. Why such an alarming trend (the death rate keeps rising, too)? Beyond the depression often felt by those who are alone or in hard circumstances at this time, doctors believe that the phenomenon may be the tendency of people to postpone medical care until after the holidays. Add the fact that hospitals are often under-staffed around now and the pattern is not so surprising.

Given this sobering data, it could happen to you.

Which prompts a huge question: Is your will in place?

Without a valid will, neither you nor your loved ones have control over who gets what. Worse yet, all assets are frozen by banks and no one has access to your accounts until a court grants the proper documents to your survivors. This could take months, even years. The court also determines who receives portions of the estate, even if your loved ones did not intend such distribution.

Everyone needs an estate plan, done correctly by a reputable attorney who can ensure that the will does exactly what you want it to do. Yet 55% of all adult Americans do not have a will, according to an estate-planning survey conducted by Harris Interactive® for Martindale-Hubbell®. Going online to do a will or buying a will kit does not guarantee that every base is covered; cutting corners could cost thousands of dollars to fix any holes.

If you have children—especially minors—having your will in place is even more critical. With a will, those you leave behind will not feel pressured and can have a chance to grieve. If you are no longer living with your children, dying without a will takes on a different dynamic and can result in fighting over assets and strained relationships. Is that what you want?

At The Ashmore Law Firm, we can set up all your assets so your survivors do not have to go through a long probate process (if indeed it is even necessary), which could add substantial money and the aforementioned months to the equation. In Dallas County, you are required to have an attorney to go through probate.

We can also help you identify and take steps to provide loved ones with the proper documents needed in the event of your death. To help you learn why a will is so important, we invite you to download a free copy of the book, Who Is in Charge After You Die?, on this website.

May your holiday season be a happy, healthy one. We do urge you to take a moment this month and think about how you want to be remembered. The peace of mind that comes from having your affairs in order with a valid will is one of the greatest gifts you can give to your family.

Source: Harris Interactive® for Martindale-Hubbell®, 2007

The Court Has Ordered Us To Mediate, But There Is No Way I Will Settle!

Mon, 28 Nov 2011 08:00:00 EST

The above title is a common battle cry among family law litigants.

Mediation is the process by which the parties attempt to settle their case through a neutral third party mediator. Mediation is typically ordered in contested cases, especially those that involve custody issues. The idea of trying to resolve a matter in the middle of contentious litigation may seem fruitless, but the Courts must know something if they routinely order these mediations. What the Courts know is that mediations resolve a great majority of family law cases. Litigants are usually surprised to hear about the success rate of mediations, and they often predict that their case will be the exception.

However, most mediators are very skilled at cutting through the emotions of a dispute and providing a reality check to both sides. That reality is composed of the cost, delay and unpredictability of not settling a case and opting for trial. We all would like to believe that a Judge will agree with our position at trial and give us everything we want. However, chances are that the other side’s lawyer will feel the same and in the end you often have two skillfully argued cases where the decision is not an easy one. As a result, the Judge’s ruling can be a disappointment, and in some cases devastating. Quality mediators are good at conveying these risks and facilitating a resolution that will be satisfactory to both sides. The key word here is satisfactory. The very nature of mediation is compromise, and a compromise does not usually result in one side being ecstatic while the other is disappointed.

Given the difficult strain that family law litigation places on one’s life, coming away satisfied with the outcome should be considered a great result. Remember, no mediator can force you to settle at mediation. Only you can force yourself to participate with an open mind and with the ultimate goal of putting this chapter in your life behind you.
Please check back next week for further discussions pertaining to Texas family law issues. Should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

Involved In A Divorce Or Custody Battle?

Mon, 28 Nov 2011 08:00:00 EST

Here is an interesting article detailing the increased use of Facebook evidence in divorce cases. The lesson to be learned here is to make sure your story in court matches up with your story on the internet!

http://finance.yahoo.com/news/Divorce-lawyers-Facebook-tops-apf-97414753.html?x=0

Please check back next week for further discussions pertaining to Texas family law issues. Should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

You Can Divorce Your Spouse But Not UNCLE SAM!

Mon, 28 Nov 2011 08:00:00 EST

Filing for divorce can have many tax implications. You need to make sure that your divorce attorney is working with a qualified CPA and/or tax attorney before the case is finalized. The following are some of the important tax issues to keep in mind:

How child support and spousal support payments are treated on your tax return. You will need to consult with a tax professional on what to include as income and when to take the appropriate deductions.

What the real value of an asset is when taking tax basis into account. Just because two assets can have the same market value, that does not mean they have the same tax basis. Therefore, what may appear to be an equal property division may actually saddle one party with a larger tax bill in the future should that asset be sold.

Who will be responsible for taxes prior to the date of the divorce petition?

Who will be responsible for taxes after the filing of the petition but before the divorce is granted?

Who will get any tax refund?

Who will claim the dependency exemption for the children?

How will any retirement plans be divided so that tax penalties are not incurred?

As you can see, these issues can become complex so make sure you arm yourself with the proper professionals. That way, there will be no surprises after the finalization of the divorce.

Please check back with us for further discussions pertaining to Texas family law issues. Should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

How do I protect myself and my family if I'm in a car accident?

Mon, 28 Nov 2011 08:00:00 EST

I hope you are reading this as a planning tool and not because you have already been in a car wreck. Texas law requires that all motorist carry liability insurance to cover injuries and property damage caused to others due to your own negligence. The minimum amount of liability insurance required in Texas currently is: Bodily injury liability: $25,000 per injured person, up to a maximum of $50,000 per accident; and Property damage liability: $25,000. The mandatory minimum basic liability insurance limits are often referred to 25/50/25 coverage.

Although liability insurance is mandatory, according to a recent study from Insurance Research Council (IRC), on average approximately 1 out of 6 drivers on the road today in Texas, and across the United States, is uninsured. The actual numbers for uninsured drivers varies significantly from state to state – from New Mexico (at 29%), with the most uninsured drivers, to Massachusetts (at 1%), with the fewest uninsured drivers. Texas ranks in the middle and near the average at 15% of motorist being uninsured.

What does this mean if you are in an accident caused by the negligence of an uninsured driver? There is other insurance available to you to protect you and your family from uninsured and underinsured motorists.

Please check back next week for a further discussion on uninsured and underinsured insurance, should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

http://www.ircweb.org/News/IRC_UM_012109.pdf

Am I SOL, if I'm in an accident caused by an uninsured driver?

Mon, 28 Nov 2011 08:00:00 EST

So, what does it mean if you are in an accident caused by the negligence of an uninsured driver? Although they may be responsible for causing the collision, more likely than not they will have no way to compensate you for the damages done to your car or truck, to repay you for your lost wages or income earnings missed while you are unable to work due to your physical injuries, or to pay for your bills and expenses for needed medical treatment.

Uninsured and Underinsured Motorist Coverage

While your liability insurance is mandatory under state law and pays for damages caused by you to others in accidents where you are found to be at fault, there is other insurance available to you to protect you and your family from uninsured motorists (UM) and underinsured motorists (UIM). Referred to generally as UM/UIM coverage, this optional coverage protects you and the occupants of your vehicle by paying up to the UM/UIM coverage policy limit for wreck related damages and losses, such as medical bills, lost wages, pain and suffering, property damage, and other losses when you are injured by a person who doesn’t have any liability insurance, or does not have sufficient liability insurance to cover all of the damages and losses caused by the wreck.

In a Texas Standard Form Personal Auto Policy, an “Uninsured motor vehicle” is defined as a land motor vehicle or trailer of any type,

1.) To which no liability bond or policy applies at the time of the accident;

2.) Which is a hit and run vehicle whose operator or owner cannot be identified and which hits:
            a.) you or any family member;
            b.) a vehicle which you or any family member are occupying; or
            c.) your covered auto.

3.) To which a liability bond or policy applies at the time of the accident but the bonding or insuring company:
            a.) denies coverage; or
            b.) is or becomes insolvent.

4.) Which is an underinsured motor vehicle. An underinsured motor vehicle is one to which a liability bond or policy applies at the time of the accident but its limit of liability either:
            a. ) is not enough to pay the full amount the covered person is legally entitled to recover as damages; or
            b. ) has been reduced by payment of claims to an amount which is not enough to pay the full amount the covered person is legally entitled to recover as damages.

Although the UM/UIM coverage is optional auto insurance coverage, the state regulators consider it important enough that the auto insurance companies are required to obtained a signed written rejection of this coverage. If you are in a wreck and did not reject this coverage in writing, you may still be entitled to this coverage, minus the premium you would have paid to obtain the coverage.

We strongly recommend that motorist obtain UM/UIM coverage equal to the amount of their liability auto insurance coverage.

If you have any questions about your auto insurance coverage, or if you, a family member or friend has been injured in an accident and you are trying to figure out which coverages apply, please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm. We will be happy to discuss with you the details of your case at no charge in a free consultation.

What is PIP?

Mon, 28 Nov 2011 08:00:00 EST

PIP — Personal Injury Protection Coverage

Another form of optional auto insurance coverage you can purchase to protect you, your family and anyone riding in your vehicle if you are involved in a wreck, is Personal Injury Protect (“PIP”) coverage. The coverage begins at $2,500.00 per person and may also be available at $5,000.00 or $10,000.00 per person limits, depending on your insurer.

PIP acts like health insurance or short term disability insurance for medical expenses or lost wages caused by a car accident. The rates for this coverage are slightly higher than Medical Payments Coverage, but PIP is still relatively inexpensive and a great investment. I highly recommend this coverage over Medical Payments Coverage.
PIP covers:

1.) 100% of reasonable expenses incurred for necessary medical and funeral services; and/or
2.) 80% of a covered person’s documented loss of income from employment, up to your available per person limits.

Another good thing about PIP coverage is that it covers all occupants of your insured vehicle regardless of who was at fault in causing the wreck. However, PIP is only available to the named insured and the occupants of an insured vehicle.

Let’s look at some examples of how important these coverages can be for you and your family. What if you are riding in your insured car with your friends, and you have PIP coverage and are hit by another car? You and your friends in your insured vehicle would each have PIP coverage up to your available PIP limits.

What if you were riding with a friend who did not have PIP or UM/UIM coverage on their auto policy, and you were hit by another vehicle? You would still have PIP and UM/UIM benefits available to cover you for your losses under your own policy.

Let’s take that one step further. Assume that your child was riding with a friend’s family, and they were in a wreck where your child was injured and needed medical attention. What if the wreck was caused by the other driver, and the other driver was uninsured. What if the family your child was riding with had rejected UM/UIM and PIP coverage on their policy. How would you pay for your child’s medical expenses?

The good news is that as a member of your household, your child would be considered a covered person under your policy and would be entitled to coverage under the available UM/UIM and PIP coverages you purchased.

If you have any questions about your auto insurance coverage, or if you, a family member or friend has been injured in an accident and you are trying to figure out which coverages apply, please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm. We will be happy to discuss with you the details of your case at no charge in a free consultation.

PIP vs. Med-Pay..... Which Should I Choose?

Mon, 28 Nov 2011 08:00:00 EST

Medical payments coverage, or “Med-Pay” as it is sometimes referred to, is another form of health insurance coverage for medical expenses incurred due to a motor vehicle accident. Med-Pay is offered as an alternative to PIP. You can purchase one or the other, but not both.

Just like PIP, this coverage is available to the insured driver and any passengers in the insured’s vehicle for medical expenses due to injuries sustained in the wreck, regardless of the fault of the driver. Again, the insurance policy of a negligent third party will not pay Med-Pay or PIP benefits.

There are several differences between PIP and Med-Pay coverage that should be pointed out:

1.) PIP covers 80% of documented lost wages and earnings – Med-Pay has no coverage for lost wages and only covers medical bills;

2.) PIP does not have to be repaid to your insurer, even if you recover from a third party – If you recover from a third party, Med Pay must be paid back to your insurer;

3.) PIP will even cover medical expenses incurred due to an accident on a motorcycle, moped, scooter or motorized bicycle designed for use on public roads – Med-Pay excludes coverage for medical expenses incurred due to injuries while on a motorized vehicle having fewer than 4 wheels.

If you have any questions about your auto insurance coverage, or if you, a family member or friend has been injured in an accident and you are trying to figure out which coverages apply, please contact me. I will be happy to discuss with you the details of your case at no charge in a free consultation.

Car Accident...? Do NOT rush to settle your injury claims!!!

Mon, 28 Nov 2011 08:00:00 EST

So…it finally happened to you!

You are a very careful and conscientious driver with a clean driving record, no traffic tickets and responsible at all times on the road, but out of no where, you were suddenly rear-ended at a stop light, or another driver ran a red light and T-boned you in the intersection where you clearly had the right of way. You are so shaken up and in pain from the collision that you feel compelled to go to the hospital in an ambulance to get evaluated for your injuries. At the hospital, the ER doctor is worried about potential spine injuries, so they run a CT scan or MRI on you. The doctor tells you the initial results are negative but recommends you follow up in a few days with an orthopedic physician.

You follow the ER doctor’s advice and go see an orthopedic in a few days, because you are still in pain. He reviews the initial films from the ER and tells you that you just suffered a strained neck or back and that nothing else was wrong. The wreck seemed pretty bad and you’re still in pain, but if the doctor tells you you’re okay, then you have nothing to worry about medically, right? WRONG!

Liability in your wreck is clearly on the other driver, so his insurance will take care of you, your medical bills and lost wages as they accrue, right? WRONG!

The insurance adjuster offers you $3,500.00 to take care of your out-of-pocket medical expenses (co-payments), your health insurance deductible and something extra for your pain and suffering shortly after the wreck. The medical bills are mounting, and you’re low on money, so you agree to the settlement, because it seems fair and the right thing to do, right? WRONG!

There are a lot of reasons NOT to agree to an early settlement with the insurance adjuster, but here are a couple of the most important reasons:

1. You have an underlying or hidden medical condition that was missed in your initial examinations following the wreck. We have seen clients who initially appear to be okay following their accident based upon diagnostic studies. However, with the passage of time their symptoms get worse and they do in fact have a medical problem.

2. Your health plan has a right to subrogation and/or reimbursement.

Everyone should be aware that heath insurance companies may now be entitled to receive full reimbursement of all medical expenses.

Please check back next week for further discussions regarding the two most important reasons not to agree to an early settlement. Should you have any questions in the meantime, please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about us.

Top 2 Reasons NOT to Agree to an Early Settlement!

Mon, 28 Nov 2011 08:00:00 EST

There are a lot of reasons NOT to agree to an early settlement with the insurance adjuster, but here are a couple of the most important reasons:

1) You have an underlying medical condition that was missed in your initial examinations following the wreck.

In our experience, we have seen clients who, as patients, initially appeared to be okay following their wreck based upon diagnostic studies. However, with the passage of additional time, their symptoms do not resolve, but instead, get worse. They require more medical treatment and are ultimately diagnosed with other serious injuries that occurred as a result of their wreck.

2) Your health plan has a right to subrogation and/or reimbursement.

When handling an injury claim, everyone should be aware that heath insurance companies now probably have a right of subrogation and/or reimbursement and may be entitled to receive from any settlement an amount equal to any and all funds the health plan expended on an injured person’s behalf to cover medical expenses. For this reason, we strongly recommend that everyone actually look at their health plan booklet to confirm the health plan’s rights.

Also, figure out the total amount of health plan payments for treatment of wreck related injuries, before considering any settlement. We have talked with potential clients before who settled their claims with the at-fault driver’s insurance company, only to discover that their health plan, without their knowledge, had sent a notice of subrogation to the at-fault party’s auto insurance company.

The auto insurance adjuster also conveniently failed to disclose this fact to the injured party, before they agreed to a settlement amount and obtained the signed settlement and release agreement. As a result, in that situation all of the settlement proceeds had to be paid to the injured person’s health plan pursuant to the terms of the health plan insurance contract or ERISA. This meant that the health plan got all of its money back before the injured party even got repaid for their out-of-pocket medical expenses and deductibles. We know that does not sound right or fair, but that is the rule of law in Texas.

There are many things to consider, but these are just a couple of the major issues we wanted to be sure you are aware of while moving forward with your claim. We hope that in your case, none of these issues develop. However, if they do, and you feel like this is something you would rather have someone else deal with to protect your interests, please do not hesitate to contact our firm. Our firm handles various kinds of legal matters including all types of personal injury claims, medical malpractice, automobile and trucking accidents, and premises liability. Should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about us.

REMINDER — Did You Know? New Insurance Coverage as of January 1, 2011!

Mon, 28 Nov 2011 08:00:00 EST

On January 1, 2011, the minimum amount of automobile insurance coverage Texans must now obtain went up. Drivers must now carry liability insurance limits of at least $30,000 for each injured person, $60,000 per accident and $25,000 for property damage. These figures are commonly referred to in insurance circles as 30/60/25 coverage. The prior law required that a driver must have minimum liability limits of $25,000 for each injured person, $50,000 per accident and $25,000 for property damage per accident, or 25/50/25 coverage.

The increase has occurred as a result of legislation passed in 2007 and was made necessary because, according to the Texas Department of Insurance, liability limits no longer pay for all expenses after an accident. Liability automobile insurance is supposed to cover persons who are not at fault in an accident by having the at-fault driver’s insurance pay to repair or replace the vehicle of the innocent driver, as well as cover medical expenses, lost wages or other injury claims for each injured person in the wreck.

According to industry data provided to the Department of Insurance, about 50% percent of vehicles in Texas (or approximately 7.5 million) are minimally insured with liability coverage, and about 1 in 5 vehicles, or 20%, are uninsured.

The Ashmore Law Firm recommends that you review your automobile insurance policy to insure that you have adequate coverage in the event of a wreck, including uninsured/underinsured motorist protection (UM/UIM) and personal injury protection (PIP) coverage.

If you have any questions about any of this, please contact us immediately.

Estate Tax – So Now What? Review, Review, Review

Mon, 28 Nov 2011 08:00:00 EST

The Estate Tax had been repealed! So now what? This means that there is no longer any limit to the wealth that can be passed to your heirs without incurring federal estate taxes for the year 2010.

Wills have often been drafted with the expectation that estate taxes would be around for quite some time. As a result wills have been drafted to direct assets not subject to the tax to be passed on to the children, which for 2009, it was up to $3.5 million. The remainder of the assets typically were directed to the spouse. The problem with that is depending on your gross estate upon death, the majority of your assets may pass to your children not leaving much for your spouse. It is important that you revisit your estate planning documents to ensure that does not happen to you or your children.

Regardless of the size of your estate, it is important that you revisit your estate planning documents at a minimum annually. As laws and circumstances change, it is imperative that you document what you intend to have happen really happens. We see in so many instances where estate planning documents and wills are not kept current which only causes major problems when you or a loved one dies.

Although some anticipate Congress to reinstate the tax, retroactively to January 1, there is a big question among some as to whether a retroactive estate tax would even be constitutional.

In addition to the repeal of the estate tax, the generation-skipping tax has also disappeared for 2010. As a result, people may take advantage by making larger gifts to their grandchildren. Keep in mind those gifts will still be subject to the 35% gift tax in effect for 2010. If Congress passes a retroactive law an individual could get hit with a 45% generation-skipping transfer tax in addition to the gift tax.

What happens next? Quite frankly nobody knows at the moment. Stay tuned for more information.

But Aren't We Your Parents???

Mon, 28 Nov 2011 08:00:00 EST

Consider the following true stories.

A child leaves his parents’ Texas home to attend college in Florida. When he is 19 years old and still attending school in Florida he is in a serious car accident, requiring a Care Flight to the nearest trauma center. His parents are notified by a school friend and immediately leave Texas for Florida.

Upon arriving at the hospital in Florida, the doctors will tell the parents NOTHING about the status of their child’s condition or injuries. After several days in recovery, the hospital WILL NOT release the child upon the parents’ request to relocate him to a rehabilitation facility in Texas. The child’s landlord WILL NOT allow the parents to break the child’s lease.

The parents return home to institute a VERY COSTLY and, at this point, a TIME-CONSUMING, guardianship proceeding. They return to Florida with their stack of court papers, collect their child, take care of his lease arrangement and return home to Texas for months of physical therapy and rehabilitation.

-         What happened?
-         Weren’t they his parents?
-         Couldn’t they speak for their own child?
-         Legally, the answer is “NO.”

While the thought of something happening to our children that might leave them unable to speak for themselves is a difficult topic to consider, we think it is an important topic to address—before your children leave home.

Your child is away at college and has his identity stolen and needs help dealing with the financial institutions or credit card companies. Without the proper documents in place the financial institutions cannot authorize you to access the bank account or credit card account in an attempt to manage or reconcile the problem.

-         What can you do?

The legal age of majority in Texas, and in many other states, is 18. While most of us who have long surpassed the age of 18 still consider an individual of this age to be a “child”…legally, that “child” is an adult who is responsible for his or her own decision-making. Absent proper estate planning, there is no legal right for parents to make decisions for their children after they attain the legal age of majority. DO NOT LET YOU AND YOUR CHILDREN FALL INTO THIS CATEGORY.

Please check back next week for a further discussion on this topic, should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

BUT WE CAN BE YOUR PARENTS!

Mon, 28 Nov 2011 08:00:00 EST

So the real question is: “Does an 18 year old really need an estate plan?” When we think of “estate planning,” we often think of death and dying and things you take care of later in life. However, estate planning involves not only death-time planning, but also lifetime planning for incapacity or disability.

When our clients come to us to discuss estate planning, we often ask them if they have college-aged or unmarried children. If so, we strongly urge them to have documents prepared that will allow the parents to act like “MOM AND DAD” in the event of an emergency situation, disability or other incapacity—whether temporary or permanent.

To accomplish these goals we recommend the following documents for you and your adult children:

Statutory Durable Power of Attorney – This is the document that states who is to take care of your FINANCES if you become disabled or incapacitated, whether it is short term or long term. Without this document, the Judge will decide who will step in to take care of your finances on your behalf. The Judge will also dictate what that person may or may not do. It will be out of your hands.

Medical Power of Attorney – This is the document that states who is to take care of your MEDICAL DECISIONS if you become disabled or incapacitated, whether short term or long term. Without this document, the Judge will decide who will step in to make any and all medical decision on your behalf. The Judge will also decide what medical procedures are necessary, and which are not. It will be out of your hands.

HIPAA Authorization – This document will allow people YOU CHOOSE to have access to your medical records if you are not able to give that consent on your own because you are disabled or incapacitated. Without this document, the Judge will decide who gets the information and what they can do with the information. It will be out of your hands.

Advance Directive to Physicians (“Living Will”) – This is the document that states what life sustaining treatments you want. In other words, do you want them to “pull the plug” if you are in a vegetative state. If you sign this document you are making the decision for yourself. You are not relying on the Judge to either make this decision on your behalf or to decide who makes the decision on your behalf. It will be out of your hands.

The bottom line is “TAKE CONTROL” over these very important decisions. Don’t leave it in the hands of the Judge or even worse, in the hands of someone you would never want to make these decisions on your behalf.

For a more detailed discussion of these documents and what to do with your college age child, please contact us and visit our website at www.ashmorelaw.com.

What do you do when...

Mon, 28 Nov 2011 08:00:00 EST

A parent is diagnosed with Alzheimers or Dementia and is no longer able to make decisions regarding their health care or money…

OR, – An elderly loved one or an elderly friend is being exploited by another whether it be a stranger or a family member…

OR, – A child, spouse, parent or sibling is refusing necessary medical treatment…

OR, – A child, spouse, parent or sibling is refusing to take their psychoactive medication…

OR, – An elderly relatives Doctor tells you they are not able to make informed decisions…

OR, – A child inherits money or property…

Without the proper planning documents the only option to deal with these matters is a Guardianship, which is a legally structured and court supervised method by which one person has authority to act on behalf of another.

To learn more about Guardianships and how they apply to the scenarios listed above please check back next week!
In the meantime, should you have any questions regarding Guardianships please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

Guardianship - Do I need to get one?

Mon, 28 Nov 2011 08:00:00 EST

If YOU are ever faced with any of the scenerios from our last blog (see here), without the proper Estate Plan in place the only option you have to make sure a loved one is protected is to make APPLICATION FOR GUARDIANSHIP. Although a Guardianship can be costly and is used only as a last resort, there are instances when a Guardianship offers the best and only protection for those that are faced with the scenerios we’ve listed.

A parent suffering from Alzheimers or Dementia is coerced by another to put them “in charge” over their money. By the time someone becomes aware of what is going on, it is too late. The parent is often left with very little money. It is in these situations that a Guardianship becomes necessary to ensure the protection of the parent and to ensure all decisions made are truly in the best interest of the parent.

When the elderly are exploited by a family member, a caretaker or even a stranger then a Guardianship may become necessary. As a person gets older they become more vulnerable and more trusting, and the risk of exploitation increases greatly. It is in these situations that a Guardianship can make sure the elderly are protected. A Guardianship allows a Judge to supervise all spending as well as medical decisions to make sure the person is cared for and their needs are met.

When a child, spouse, parent or sibling is refusing necessary medical treatment for himself or herself, it is through a Guardianship that a Judge determines the necessity of a medical treatment and whether it is in the best interest of that child, spouse, parent or sibling.

A Guardianship may be necessary if a child, spouse, parent or sibling is refusing to take their psychoactive medication. When dealing with the mental illness process, there are certain rights that a Guardianship gives a family member that they otherwise would not have. For instance, a Guardian has the authority to transport a mentally ill person to a psychiatric hospital without having to call 911 or without having the affected person picked up on a mental illness warrant. A Guardian has the authority to receive all medical information and communicate with Doctors and case workers without the consent of the mentally ill patient. The Guardian has the authority to consent to the administration of psychoactive medication.

We see too many times the problems that arise when a child inherits money or property. In the State of Texas, a minor is not allowed to own property. When this occurs, usually through inheritance, a Guardianship is necessary. It is the Guardian that controls the property and, under the supervision of a Probate Judge, makes sure that the property is used for the best interest of the minor.

As we previously said, a Guardianship is a legally structured and court supervised method by which one person has authority to act on behalf of another. Although this vehicle is always used as a last resort and when there is no lesser restrictive alternative, there are instances when a Guardianship is not only necessary but is truly in the best interest of the individual.

Please check back for further discussions, should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

Without the PROPER PLAN, a Probate Judge makes ALL the decisions!

Mon, 28 Nov 2011 08:00:00 EST

1. Do you know someone who has died without a Will?

2. Do you know someone who is suffering with Alzheimer’s or Dementia?

3. Do you know someone who has had to make end of life decisions for a loved one?

Without the proper plan, it is a Probate Judge that makes the decisions. If you answered yes to Question #1, a Probate Judge decides who controls your assets, and the State of Texas dictates who gets your assets and when.

Without the proper plan, it is a Probate Judge that makes the decisions. If you answered yes to Question #2, a Probate Judge decides who steps into your shoes and controls your assets and who makes your medical decisions on your behalf.

Without the proper plan, it is a Probate Judge that makes the decisions. If you answered yes to Question #3, a Probate Judge is given the difficult task of deciding whether life sustaining treatment is discontinued or withheld.

BE RESPONSIBILE!!! With the proper Estate Plan you can take control of your life and your assets. Don’t make your loved ones join the group of people who answer yes to the above questions.

Please check back for further discussions, should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

Prenuptial Agreements in Texas - Pay a little now or a lot later!

Mon, 08 Aug 2011 08:00:00 EST

Prenuptial Agreements in Texas - Pay a little now or a lot later!

If you have decided that a premarital agreement or prenuptial agreement is the way to go before getting married then you are off to a safe and secure start.

What does this process entail? ANSWER: It is not as complicated as you might think.

The first step is for you and your fiancé to hire separate lawyers (yes, separate lawyers!). This may seem uncomfortable but it is absolutely necessary so that the validity of the agreement is unquestioned. If the same lawyer represents both parties then you are running the risk of casting conflict of interest shadows on the entire process.

The next step is for each of you to prepare a list of your assets and liabilities. You must be completely honest when completing this step. If you leave something out then the agreement could be set aside for lack of full disclosure. Be sure you are clear on how income from separate property is treated, how to deal with retirement accounts, etc.

At the very least the premarital agreement or prenuptial agreement will confirm that the assets and liabilities you are bringing into marriage will stay your separate property in the event of a divorce. After you and your lawyer determine all of the details, both parties sign the agreement.

The last step is to get married and enjoy your lives together!

Around thirty days or so after the marriage it is wise to execute what is called a property agreement among spouses which confirms and ratifies the premarital agreement. There is nothing to this and should be included as part of any premarital agreement or prenuptial agreement package.

There you have it, the basic process involved in premarital agreements. Not too painful is it?

Please check back regularly for new family law topics pertaining to divorce, custody and adoption issues. Should you have any questions please feel free to contact us at 214-559-7202.

Premarital Agreements in Texas!

Wed, 03 Aug 2011 08:00:00 EST

Premarital Agreements in Texas!

Are they a good idea? YES (emphasis added). Premarital agreements or Prenuptial agreements can establish a sense of security. A sense of security is an important factor in deciding to marry someone.

People also do not enjoy talking or thinking about what would happen if the marriage does not work out. However, the concern for security should also be considered in the context of a divorce. In other words, how can you be assured that you leave the marriage with (at least) what you brought into the marriage?

The answer is a premarital agreement. (Or prenuptial agreement)

This is not the daunting document that most believe it is. Movies and television have surely contributed to this preconception. A good premarital agreement identifies what each party is bringing in to the marriage. The agreement also addresses how to deal with any property that is acquired during the marriage, including income from any property. In short, a premarital agreement takes away a good deal of the uncertainty that is so prevalent in a divorce action.

For more information on the process of executing a premarital agreement, please check back for further discussions. Should you have any questions please feel free to contact us at 214-559-7202 or download one of our informative brochures or books to learn more.

10 things you NEED to know before filing for Divorce

Mon, 01 Aug 2011 08:00:00 EST

10 things you NEED to know before filing for Divorce

You may have preconceived notions of what the divorce process entails. Most of the time, however, these notions are inaccurate. The dynamics of a divorce case vary from case to case depending on the issues involved. Here are some basic concepts you must keep in mind:

           1.         The cost of most contested divorces in Texas averages more than $10,000 dollars in legal fees for each spouse.

          2.         Each county in Texas charges a filing fee when you file your divorce. The filing fees vary, but typically are in the $300 range.

          3.         In a contested case, your spouse would typically be served a copy of the petition by a sheriff. In an uncontested case, your spouse can simply sign a Waiver of Service.

          4.         The fastest time you can complete any divorce in the state of Texas is no less than 60 days. Unless you apply for a waiver.

          5.         One spouse must be a Texas resident for at least six months and reside in the county where the petition is filed for at least 90 days before the petition can be filed.

          6.         You may either agree to a settlement or a Judge will decide for you.

          7.         You may be able to attend the court hearing with only one party present.

          8.         Texas is a "community property" state.

          9.         Texas does not have specific provisions for a legal separation.

          10.       In a decree of divorce a wife may change her name to a previously used name.

Even though the filing of a divorce officially starts the dissolution process, one should start thinking about their divorce "wish list" well before the filing of the petition. If this wish list is communicated to the attorney beforehand, it will be useful in formulating a strategy that will make for an efficient use of the procedure discussed above.

Please check back for a discussion on how to obtain temporary orders while a divorce case is pending. Should you have any questions please feel free to contact us at 214-559-7202.

You filed for divorce, Now What Do You Do?

Thu, 28 Jul 2011 08:00:00 EST

You filed for divorce, Now What Do You Do?
You made the decision to file for divorce. However, this is not going to be one of those quick, simple, uncontested divorces that so many Texas attorneys advertise in your local area. This probably means that you have more complex issues to deal with so it is important that they are dealt with in the proper manner by a qualified Texas Family Law Attorney.
When a divorce is contested, it is not easy to predict how long the process will take. There are many factors that are involved, including:

The court's case load,
The complexity of the issues,
The stubbornness of the parties,
And the tactics of the opposing lawyers.

If immediate issues need to be addressed there are ways to accomplish this.

You may put in place something called temporary orders. These are Temporary Orders that the parties must follow until the case is either settled or resolved at trial. These temporary orders can include the following: child support, primary residence for children, child possession schedule, payment of interim spousal support and attorney's fees, payment of current household expenses and which spouse has the right to temporarily live in the marital residence. This is by no means an exhaustive list of what you can ask for in temporary orders. Speaking with a qualified Texas Family Law Attorney can help you with this list.

Any issues that need to be resolved during the pendency of the divorce can be brought up during the temporary
orders hearing. The hearing itself is like a mini-trial where evidence is introduced and witnesses testify. However, a large number of temporary orders are resolved without the necessity of a hearing, which is preferable to the time and expense of having to go to court. Again, a qualified Texas Family Law Attorney will be able to help you navigate your way through the process in an efficient and effective manner.

Whether you go to court or settle with the other party, temporary orders are important steps that can help alleviate some of the uncertainty that inevitably is present in the divorce process.

Please check back for further discussions on Family Law matters in Texas family law cases. Should you have any questions please feel free to contact us at 214-559-7202.

Marriage and Divorce

Tue, 26 Jul 2011 08:00:00 EST

Does Texas have an age requirement for marriage?

Yes. Both parties must be at least 18 years old to obtain a marriage license. If either party is under 18 years of age, parent consent or a court order is required.

Can I marry someone who is related to me?

It depends. You may not marry (1) someone who is an ancestor (mother, father, grandmother, grandfather, etc.) or descendent (son, daughter, grandson, granddaughter, etc.); (2) your brother or sister; (3) your parent's brother or sister (aunt or uncle); (4) your niece or nephew.

Can I legally marry someone of the same sex?

No.

What is a "licensed marriage"?

A "licensed marriage" or "ceremonial marriage" requires a license and is performed by an authorized official (minister, priest, rabbi, judge, etc.).

What is an informal marriage or "common-law marriage"?

An informal marriage (sometimes called a common-law marriage) can be created when a man and woman sign and register an official document of marriage at the county clerk's office. A man and woman may also enter into an informal marriage if they agree to be married, live together in Texas as husband and wife, and represent to others that they are married.

Is there a "common-law" divorce?

No. If the parties to a non-registered informal marriage separate and live apart for two (2) years or more, the parties may or may not need a divorce depending on the circumstances. Parties to a registered informal marriage must be divorced the same as parties who were married in a ceremony with a marriage license.

Is an annulment different from a divorce?

Yes. An "annulment" is a proceeding to have a marriage declared void as if it never took place. A "divorce" is the proceeding to end a valid marriage.

What are the grounds for an annulment?

An annulment will be granted if (1) the parties are related, by blood or adoption, as set out above, or (2) either party was previously married and the prior marriage has not been dissolved. An annulment may be granted if at the time of the marriage one party to the marriage was (1) underage, (2) under the influence of alcohol or drugs, (3) impotent, (4) mentally incompetent, (5) forced to marry, or (6) was misled about prior divorce. In most cases, the law requires that the person seeking the annulment must cease living together with the other party once the problem is discovered.

Must fault be found against a party for a divorce to be granted?

No. In Texas, a divorce may be granted without either party being at fault. A divorce may also be granted when one party is found to be at fault in the break-up of the marriage.

How long must I live in Texas to get a divorce here?

Before filing, one of the spouses must live in Texas for at least six (6) months and in the county where they divorce is filed for at least ninety (90) days.

Is this different if I am in the Military?

Yes. Time spent by a Texas resident outside of Texas, while in the military satisfies the residency requirement in Texas for a divorce.

What is a board-certified family attorney?

Attorneys who meet certain qualifications set out by the State Bar of Texas may become board certified in family law.

Do the rates charged by attorneys differ?

Yes, depending on their knowledge, experience, qualification, and the complexity of the case.

How do I begin my divorce suit?

A petition for divorce must be filed in the district clerk's office and the required fees paid.

What if there are children of the marriage?

If there are children born, adopted, or expected during the marriage, the suit for divorce must also address matter of custody, visitation, and child support. If a wife has given birth to a child or is expecting a child since the time she married, but the child is not or may not be the biological child of her husband, that information must be given to the court as soon as possible.

Who is the "Petitioner" and who is the "Respondent"?

The party who files divorce first is called the "Petitioner" and the other party is called the "Respondent."

Does my spouse get notified if I file my petition?

Yes.

How is my spouse notified?

By receiving a copy of the petition from a sheriff, constable, or court approved private process server; or certified mailing from the district clerk's office; or if the parties agree, the non-filing spouse may, after the petition is filed, sign a document called a "waiver"; or if the spouse cannot be located, notice can be published.

What happens after my spouse is notified of the filing?

Once a Respondent is officially notified, there is a deadline to file a response to the petition. If the deadline is not met, the Petitioner may be able to go forward and obtain a divorce by "default."

What is a Temporary Restraining Order?

A Temporary Restraining Order sets forth the acts which either or both parties are prohibited from doing immediately after the petition is filed. Sometimes this order is called a "TRO."

Can I get a Temporary Restraining Order (TRO) without notice to my spouse?

Yes, if the court approves the request for a TRO.

What happens if the TRO is violated?

A person who violates a TRO, or any other court order, can be held in contempt of court and punished by a fine and/or a jail sentence.

Can my spouse ask for a divorce also?

Yes. The Respondent may file his or her own request for divorce in a document usually called a counter-petition for divorce.

What happens if I reconcile with my spouse?

You may dismiss your divorce proceeding.

How soon can the court grant my divorce?

A petition for divorce must be filed with the court for at least sixty (60) days before the court can grant the divorce.

How long does it take to get a divorce?

If the parties are in agreement, a divorce proceeding can be finalized soon after the sixty-day waiting period is over. If the parties are not in agreement, the time it takes will depend on the court's schedule and the complexity of the case. From start to finish, the divorce process may go through a number of phases which might include temporary orders, exchange of financial information, psychological evaluations (in custody cases), alternative dispute resolution, trial, and appeal. A divorce in which the parties are not in agreement on some or all issues will usually take at least several months.

When am I divorced?

You are divorced when all the property and child related issues are resolved and the judge signs an order, usually called a Decree of Divorce.

How long must I wait to get married again?

In most cases, you must wait thirty (30) days, but the court can grant a waiver to permit you to marry sooner.

Worried About Health Care... Family Wealth Care – Part 3

Sat, 04 Jun 2011 08:00:00 EST

This will be our last rant about FAMILY WEALTH CARE plans. Okay, we can’t promise that, but it will be the last one for a while anyway. We see too often, and have experienced first hand, when it takes the death of a loved one, a dear family friend, neighbor or acquaintance to spur families and friends into action. It takes this event for people to realize they can no longer put this issue on the back burner. It is usually after this horrible event that my phone begins ringing off the wall with those family members and friends to ask for my help with their FAMILY WEALTH CARE plan.

Does it really take that level of misfortune to spur you into action? What if it had been YOU? Delaying the estate planning process only puts your family at risk. You do them no favors by waiting. A family goes through so much at the death of a loved one.

Dying without a FAMILY WEALTH CARE plan only makes it that much harder on them. Don’t do that to your family. Protect them. Protect their inheritance. If you work with a qualified estate planning attorney, that same attorney can be there to help your family navigate through the mine field of estate tax and probate laws after your death. Because it’s not something you deal with every day, it may seem scary or daunting, but it doesn’t have to be that way.

We always say, “It’s not simple, but it’s easy.” It’s true. A qualified estate planning attorney will be able to walk you through the entire process and draft a FAMILY WEALTH CARE plan designed just for you and your family. Let’s take care of business before it’s too late. You just never know.

Please check back for further discussions, should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

Is Spousal Email Snooping Criminal?

Fri, 31 Dec 2010 08:00:00 EST

Are Neighbors Video Camera's an invasion of your privacy?

Fri, 31 Dec 2010 08:00:00 EST

Food Fight Over Recipes

Fri, 31 Dec 2010 08:00:00 EST

Worried About Health Care... Family Wealth Care – Part 2

Mon, 03 May 2010 08:00:00 EST

So we are still on our band wagon about FAMILY WEALTH CARE plans. We cannot tell you how important it is to have your affairs in order in the event of your death! We know it “feels” morbid to think about it, but it’s critical to take care of your family and your assets. We have been very blessed to have a lucrative practice, but still…We are very curious as to why so many people resist Estate Planning. We would like some serious and constructive feedback from you about this issue.

Is it because you don’t have enough time? You really can’t find time to make sure your family is protected? Okay, so try this. On Sunday afternoon (after church, of course) and since football season is over and the Mavericks… well did it again, sit down and start hammering out the issues; this is easily accomplished indoors or outdoors.

Is it because it cost too much? Okay. What would you pay to have the assurance that your family is provided for in the case of your death? Can you really say there isn’t a reasonable price you would pay for that?

Is it uncertainty about what to do? You may not know what to do or what your options are…that’s why we are here—to educate you and help you design a FAMILY WEALTH CARE plan that is specific to your desires and goals. We don’t expect you to be the experts. WE want to help YOU.

Because we are standing in the forest, we can’t see the trees. To us, a FAMILY WEALTH CARE plan is a basic essential for every family—like homeowner’s insurance or car insurance. You just have to have it. So why don’t you? Please let us know by responding to this blog. Because once we know the real reasons, we want to help find a solution for as many people as we can!

Please check back for further discussions, should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

Worried about Health Care... What about WEALTH Care?

Mon, 12 Apr 2010 08:00:00 EST

In today’s political climate we have been bombarded with the issue of health care. You see it everywhere, you hear it everywhere, and you read it everywhere. Although health care is of utmost importance to any society, it seems like other essential issues are being disregarded. For example, what is Congress doing about the federal estate tax that has already started a rollercoaster of changes in 2010 and will continue in 2011?

Major changes were made to the estate tax in 2001 that are causing the craziness of 2010…and we all expected the estate tax laws to be addressed by Congress in 2009. Now it’s April 2010 and nothing has happened. As an estate planning attorney, it is frustrating to see that no progress has been made, nor has the media adequately publicized the drastic changes that are occurring with the estate tax. It feels like everything has taken a back seat to health care reform although there are other issues on the table.

Well, in my little area of the world, I’m going to let Congress deal with health care and I am going to begin to campaign for FAMILY WEALTH CARE.

Even though Congress has done nothing to address the estate tax it does not mean that you cannot plan to get your affairs in order. Too often, I see families overwhelmed and distressed by the death of a loved one who has not properly planned for his or her demise. A death occurs and there is no estate plan, no legal documents, exposure to creditors, payment of estate taxes…and the list goes on.

There is no magic fairy that comes to your family’s rescue after your death…and the world keeps turning—requiring the filing of an estate tax return, “finding” and inventorying your assets (which is no easy task, let me tell you), initializing the probate process, and administering your estate.

What is the status of your FAMILY WEALTH CARE plan?

Is your family protected if you die?

Are your assets protected if you die?

Who is going to take care of all of these matters?

Contact us to find out.

Please check back for further discussions, should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.

The Estate Tax Has Been Repealed... What!?!

Mon, 11 Jan 2010 08:00:00 EST

The Estate Tax has been repealed for 2010! As of January 1, 2010 the Estate Tax is repealed. This is one of those things people thought would never happen that has just happened. The problem is Congress can reinstate the tax at any amount and make it retroactive to January 1, 2010. But will they? And will it be constitutional to make it retroactive? For more on that stay tuned, we will address that in our next blog.

In the meantime, people think of an estate plan as something you do when you are old or on your deathbed. Others think it is only needed if you have a lot of money. THIS IS SIMPLY NOT THE CASE. You need an estate plan in some form or fashion when you become an adult at the age of eighteen. That’s right, even at the age of eighteen you need to begin to answer some of the basic questions stated in our previous blog.

So now that you’ve answered a few basic questions then you are ready to begin to prepare your Estate Plan. The first thing you need to do is talk to a qualified estate planning attorney who will be able to look at your answers and appropriately draft all of the necessary documents for your estate plan.

In order to ensure that your assets are protected while you are alive and their distribution is controlled after you are gone, the following documents are recommended:

LAST WILL AND TESTAMENT– to make sure you control the distribution of your assets upon your death.
STATUTORY DURABLE POWER OF ATTORNEY – to make sure you decide who takes control of your assets if you are incapacitated.
POWER OF ATTORNEY FOR HEALTH CARE – to make sure you decide who makes all decisions about your medical needs if you are incapacitated.
DIRECTIVE TO PHYSICIANS (LIVING WILL) – to make sure you make your own decision about which life sustaining treatments you want or don’t want should you have an irreversible or terminal condition.

If you already have an estate plan we urge you to review it annually to make sure it still meets all of your wishes and the wishes of the Federal Government.

Do your heirs a favor and get your estate plan in order – the “No Plan” estate plan is not the way to go.

Please check back for further discussions, should you have any questions please feel free to contact us at 214-559-7202 or visit our website at www.ashmorelaw.com to learn more about our firm.