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Who Inspires You?
Posted by: Laura Kalish
March 09, 2010
Topic: Musings and Ramblings

I have been cleaning closets and drawers at home lately (an appropriate task for the spring weather we've been enjoying). While cleaning through my belongings, I came across cards, notes, gifts, photos and other items that brought back a flood of memories, some of them difficult, some of them wonderful. All in all, I feel fortunate, blessed, and lucky because of the people I have known. Some are still in my life, and some have passed through, or passed on. Some of them know very well who they are, and some probably have no idea that their brief contact with me affected me so deeply.

I am always thrilled when someone tells me how something I said, did, taught, or wrote helped them in some way. Sometimes something that I considered "small" meant a lot to someone, enough so that they remember it years later. It is thrilling to discover this. And the inspiration goes both ways. An attorney and client working on a legal case always learn from each other. I know that there are many, many clients who have inspired me over the years. They have caused me to learn more, do more, and sometimes to "stop being a lawyer" for just a minute and look at things in a whole new way.

Not only can adult human beings be inspiring, children, pets and nature have a lot to contribute.

Inspiration, if you listen to it, leads to creativity. And creativity helps us solve problems, survive financially, excel in the business world, let go of situations we've outgrown, stay healthy and enjoy life. Who or what inspires you?

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Foreign-Born Adoptees Without U.S. Citizenship
Posted by: Laura Kalish
March 04, 2010
Topic: Immigration and Naturalization

Both international adoption laws and U.S. Immigration laws have changed significantly in the past 20 years. Many years ago, relatively few people adopted children from foreign countries. These adopting parents often had dual citizenship, connections in the country they adopted from, or lived in the foreign country due to employment situations.

By the early 1990s foreign adoption was becoming more prevalent. In 2001, the Child Citizenship Act took effect. It granted automatic U.S. citizenship to foreign-born adopted children in certain situations.

The next big change in the U.S. occurred in 2009, when the Hague Convention international laws went into effect in the U.S.

In addition to the change in immigration law and other federal laws, states have also passed laws in the past few years to address procedures related to recognition of foreign adoptions.

Most foreign born children who came to this country in or after 2001 have had the benefit of these more specific laws. Adoption agencies, parents, attorneys, judges and immigration officers have read the recent laws and know what to do and what to expect. But for some children who immigrated to the U.S. earlier than 2001, problems remain.

Some children (many of them now adults), have lived in this country since childhood or infancy as Americans, yet have not obtained U.S. Citizenship. In these types of cases, there were additional procedures that should have been done, such as a state court "readoption" or additional paperwork needed to be filed with USCIS. For a variety of reasons, this paperwork was not completed by the time the child turned 18, leaving the adoptees in a kind of immigration "no man's land" in reference to their status in the U.S.

An important Act, called The Foreign Adopted Children Equality Act (FACE act) would change that situation and if passed, "would finally treat internationally adopted children of American citizens as children of American citizens instead of as immigrants and would provide them equality with biological children born abroad to American citizens."

You can view more information about this at the following link, as well as sign the petition supporting the FACE act: http://bit.ly/188eWr

Some adoptees may have other options for citizenship. There are many different situations and fact patterns, and legal research may need to be done to uncover any options. If you or your child fits into this category, it is wise to consult with an adoption/immigration attorney to determine what can be done.

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Adult Adoption: a Joyous Occasion!
Posted by: Sio Ramirez Pitre
March 02, 2010
Topic: Adoption and Termination

Adoption of an adult is a simpler procedure than adoption of a child. The only consent necessary will be between the adoptive parent(s) and the adoptee. Therefore, there is no need to notify, consult with, or obtain consent of the biological parent or parents.

Adult adoptions usually happen because the people involved want to make an existing parent-child relationship "legal". With that legal relationship comes the ability to inherit from each other as parent and child, the ability to change the adoptee's last name, and the formal recognition of the relationship for legal purposes.

Adult adoption, however, does not convey any immigration benefits between the parties. In order to be considered for an immigration benefit, the adoptee must be adopted by age 16 (or age 18 in certain, very limited circumstances where a sibling of the adoptee was already adopted by the parent(s) and all specific conditions are met).

Adult adoptions are very often "stepparent" adoptions. These situations are generally ones in which the stepparent has acted as a parent but the bio parent would not agree to terminate his/her rights and agree to the adoption. Sometimes the biological parent could not be found, or it was inadvisable to contact the bio parent for some reason (such as safety to the child).  In many cases, the legal stepparent is the only "dad" or "mom" that the adult child has ever known.  These types of stepparent adoptions are wonderful because the parties involved are finally granted the legal recognition for their parent-child relationship that has existed for years!

An adult adoptee has to be ready and able to swear under oath that the adoption is not sought for any improper purpose (such as evasion of creditors or "hiding" from a legal responsibility).

Just as in child adoptions, adult adoptions are generally very happy and long-anticipated events which are celebrated by all the parties.

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Five Ways to Save Money on Legal Fees
Posted by: Laura Kalish
February 25, 2010
Topic: General Legal Information

So, it's finally happened. You have no choice; you have to consult with a lawyer. Everyone knows legal fees can be expensive, but what everyone doesn't know is that there are ways to save money on legal fees.

•1. Get a consultation. A good legal consultation is essential and well worth paying for. This 30 -60 minute block of time is going to help you decide the course of your entire legal situation. This is your chance to ask questions, get information, and evaluate the lawyer and law firm. In short, you aregoing to be a thirsty sponge, soaking up all the information you can get, and using it to make intelligent, informed decisions

•2. Organize yourself. Take notes, snap pictures, keep a diary, separate papers by subject and date into folders. Make a summary of events. The more information that you condense for use by yourself and your lawyer, the better chance of success. Your intelligent "summaries" will help save you legal fees. Don't ever give your lawyer unorganized "shoeboxes" full of junk to wade through. Organize it yourself, you'll save legal fees.

•3. Don't give tons of unnecessary information. Trying to help, clients may give reams of paper or stacks of disks that are irrelevant and unrequested. The lawyer will spend many billable hours reviewing information that isn't necessary and then will have to charge for his/her time. The same goes for repetitive information given by email or phone.

•4. Do for yourself when you can. In some cases, you may not have to "retain" a lawyer to handle something, but may choose instead to visit the attorney periodically for assistance in handling the matter yourself. (Example: taking your own case to small claims court, negotiating changes in a contract you have been given, or collecting a judgment you've won). Even if you have retained a lawyer, try to complete paperwork on your own first, rather than spending billable hours reading it for the first time while your lawyer sits and watches you. Make a "working copy" for yourself, and a "clean copy" that you can use in case you have to meet with your lawyer again.

•5. Don't "do for yourself" when it makes the situation worse. We've all heard the expression "pay me now or pay me more later" (I've had a plumber and an auto mechanic tell me this- it was true). It can apply in a legal situation. There are certain times when you absolutely should not be handling your own case. (Example: when you have to file documents with the court that you don't have the training to prepare, when a lot of money or emotional well-being is at stake, and when you are too emotional or exhausted to do yourself justice.) There is a reason for the phrase "The lawyer who handles his own case has a fool for a client". We even hire each other when we have to! Recognize those times and hire a lawyer before damage is done.

Following these few guidelines can significantly reduce the amount of money spent in legal fees!

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Does a Surviving Spouse Always Need to File for Probate?
Posted by: Brittany Clark
February 24, 2010
Topic: Wills, Probate and Estate Planning

I often receive calls from surviving spouses wanting to know whether they need to file probate. Most of them are surprised to find that there is not a quick and easy answer to that question. There are many factors that must be considered. This is true whether or not the deceased spouse had a valid will.

If a will is valid and was written and signed properly, the probate case can go quite smoothly. The attorney will draft and file the probate case, appear with you at the hearing, and guide you in the post-hearing procedure of transferring and distributing assets and filing documents in the county property records, if necessary.

Therefore, "filing for Probate" does not always mean high legal fees and a long, drawn-out procedure. And there may even be situations where the traditional "probate action" isn't the best course to take.

Even if the decedent died without a will, there are ways to sort out the debts and assets.

The most common "complicated" situation that is seen is the one in which the decedent died without a will, was married at the time of death but had children from a previous marriage or relationship. The surviving spouse must then deal with his/her stepchildren (who s/he may not know or get along with). A probate attorney can assist by explaining the probate laws and helping negotiate a family settlement or agreement, which will preserve the assets of the estate for the beneficiaries, rather than using them for legal fees.

If your spouse owned anything that had a title (real estate, vehicles, equipment, boats) you should determine what legal action should be taken to transfer the title of the property to yourself or the inheriting heir.

In some cases, there may be unknown heirs, or heirs who cannot be found. The Texas Probate Code provides specific procedures for dealing with those situations.

In any event, you should determine what needs to be done with your spouse's estate and take the necessary action within 4 years of the date of death. A probate attorney can guide you through all of the steps that are necessary in your situation.

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