The Woodlands, Texas Law Blog

The news today carried a story of a 106-year-old Chicago woman who became a U.S. Citizen.   Ignacia Moya has realized her dream of citizenship after 40 years in the United States, and says that she looks forward to voting in November! http://bit.ly/dp1dLZ 

Ms. Moya has been in the U.S. for 40 years, and loves this country.  She had studied for her naturalization exam and tried to learn English, but it was too difficult for her because she has problems with her sight and hearing.  She applied for, and was granted a medical waiver.

If you have been in the United States legally, are a green card holder, but haven't taken the exam because of problems learning English or problems studying due to age or a disability, you should know the following facts:

1.  In order to obtain an exemption from both the English language requirement AND from the civics test you must be unable to learn the language or take the civics test due to a medical condition or disability.  A medical certification from a qualified health care provider is needed and form M-648 must be filed with USCIS.

2.   In order to get an exemption from the English language requirement ONLY, you must meet one of the following situations:

A.                You are age 50 or older at the time of filing for naturalization and have lived as a permanent resided for 20 years or more OR

B.                 You are age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years.

You will still have to take the civics examination in your own language.

3.  You can also request that USCIS make accommodations for your disability during the naturalization process. (this includes interviews).

Our congratulations to Ms. Moya and her family.  I am sure that her children, grandchildren, and great-grandchildren are proud and happy!

If you have been a permanent resident for many years, and have not taken your citizenship exam yet, why not apply for naturalization now? Kalish Law Office is available to consult with you, review your situation, prepare your naturalization application, apply for any accomodations or exemptions that you are entitled to receive, and assist you with the process.

 Don't put off taking care of this important issue!

You may think that it isn't really worth your trouble to get a will.  Here are some reasons why people usually don't think they need one: 

1. I don't really have very much to pass on
2. I'm young, and in college, or just starting out
3. Everything will go to my spouse anyway
4. I don't have any minor children

 Even if you are in one of the situations listed above, you still should have a simple will.

 Your estate may not be large, but you probably have at least one bank account, one car, a home, or some personal property such as jewelry, appliances, electronics, pets and such.   If you own ANYTHING that is in your name or you have anything in your possession, (or you are about to), you should have a properly drafted and executed will. 

Once filed and approved by the probate court, the person of your choice will have the legal authority to manage your estate, for example:           

1.      To enter the premises of your property

2.      To open your safe deposit box

3.      To distribute your bank accounts

4.      To transfer the title of your car, boat or home to the person or persons that you choose

5.      To care for your property and manage it

 Of course, not every will needs to be probated. But it is always best to have a valid will available.  Then, when you die (and we all will someday!), probate can be filed if it is needed. If a probate filing is not needed, no big deal. But if it is necessary, it will be too late to do anything about it once you're gone!  

Here are some situations that you DON'T want to happen, but could, if you don't have a will: 

1.      Your best friend wants to take your pet and that was your agreement but your "heirs at law" (think of them as relatives who get to make the decisions for you because you didn't have a will) won't allow it.

2.      No one can prove their entitlement to your bank account and so it ends up as "unclaimed property" of the State of Texas.

3.      Your family takes a home or other property for themselves and your live-in partner of several years has no say in the matter.

4.   People you love fight over your things and relationships are damaged 

 If you have a minor child, please, please, please have a will!!  You should ALWAYS have guardianship and trust provisions for your minor child.  I have blogged about this before because it is so very important!

 Now, who should you get to draft your will?  I believe that because this is such an important document, it is worth having an attorney draft it for you.  I have reviewed many wills that people drafted on their own, or with the help of forms.  Some of them have been adequate to file with probate court, some have not.  By the way, if the will "fails" in some way by being legally inadequate in the drafting or in the way it is signed and witnessed, it may prove useless.  In that case, the estate will be treated as "intestate" (without a will).  Here come those "heirs at law" again making decisions for you that you wanted to make for yourself!

 When looking for a lawyer to help you with your will, choose a reputable firm with experience.   Choose a firm that will sit down with you and discuss your needs, and answer your questions.  Choose lawyers that will help you understand what you are signing in plain English, or in your own language if you don't speak English well.  Choose a law firm that will schedule the signing of the will for you, with the proper number of witnesses and a notary.   

 I just happen to know of a firm like that.....

 Kalish Law Office is proud to provide such services to our clients.   For your initial consultation, we have evening appointments or telephone consults available by appointment.  We also have an attorney and paralegal that are fluent in English and Spanish.

If you are involved in real estate investment, or are thinking about it, you should be aware of these ways in which a lawyer may be able to assist you.

 Even if you are fairly savvy about the market and have experience in investing, having an attorney that knows you and your situation can be a great help.  You may decide to periodically schedule an appointment to review your overall business plan or get advice on how to negotiate or conduct specific transactions. Having an attorney who knows you by name and face and is able to "pick up where you last left off" in advising you in legal and business decisions can be very helpful.  
A real estate/business attorney can assist you in obtaining financing, can draft documents and deeds, attend closings, negotiate and draft leases, and help you with the formation of a separate business or a real estate trust.  Having an attorney who is familiar with the real estate trends and values in the area is very helpful, especially when dealing with large metropolitan areas like Houston, Texas and high growth areas like The Woodlands, Texas.

 In the state of Texas, an attorney who represents the buyer from the first point of contact with the seller or seller's agent can be entitled to some percentage of the commissions earned.  This is helpful information for the buyer to know, because this earned money can be used towards the buyer's legal fees for the transaction. 

 A skilled and connected real estate and business attorney with longstanding ties in the community will also have formed business relationships with realtors, brokers, CPAs and appraisers and will be able to work with these other professionals when appropriate.

 Finding the proper attorney with the proper skills and experience will save you time and give you the information and support that you need to make good business decisions.

Bob Kalish has 26 years of experience in real estate law.  Conveniently located near Interstate 45.  Evening appointments and telephone consults are available.   

We receive a lot of questions regarding how the immigration Reform works and who may apply or qualify for the current Reform.  We want to make it clear that there is currently no "Reform" signed by Congress or any of the Federal Branches.

 With every new administration and with changing State Laws there may soon be some sort of immigration "Reform," but again we repeat there is none at this time. When immigration "reform" comes, many hard-working people who have been living in the U.S. and contributing to the economy may be allowed to file for status.  But for right now, there is no reform, only talk. 

 If you are an immigrant who is hoping to get legal status, there are a few things that you should know:

1. There are many people who will take your money for legal fees and will not be able to help you.  These people will use the word "Reform" or "Amnesty" in the present tense, as if there is a law in place, when in fact they are just taking your money.  Some are "notarios", some are paralegals and maybe even lawyers.  Some of them will take your money in order to cheat you, because it is easy money to them. Others truly want to help, but can't help you yet because the law has not yet changed.  When in doubt please seek several opinions from reputable people in order to fully understand what the current immigration laws are and how they apply to you directly.     

2. Please be warned, if you file papers prematurely, you could harm your case, especially if you have an unusual situation in your history.  Unusual situations could include being stopped by immigration in the past, someone else using your name or identity and then getting in trouble with the law, having a visa that ran out and then leaving and reentering the country, and many other issues.  In some cases, you could even get deported if you file too early or don't file properly.   

3. Don't wait to file if you don't have to.   Some people are waiting for the "reform", but they don't know that they can file for status NOW.   If you are married to a U.S. citizen, have a parent, sibling, or child over 21 who are already a U.S. citizen, or were adopted by a U.S. citizen before age 16; you might be able to file now.  You may also be able to file now if you have been here since January 1, 1972, or if you had previous immigration filings years ago, and were not turned down. 
4. Right now, there is no reform.  As of today, July 6, 2010, the reform has not yet come.  Most people will need to wait for that reform in order to file.  Here are some helpful hints:

1. Have a consultation, if you feel you need it. 
2. If you decide to seek a legal consultation now, be sure that you are listening to a person or organization that is honest and is not practicing law illegally.
3. If you have questions that you need answered right away, have a consultation with an immigration lawyer.    Getting answers now can help you understand your options and decide how to handle certain areas of your life while you are waiting for the immigration laws to change.   An attorney can warn you about things that could harm your case later.
4. Gather your own information that is specific to your own case, and be sure that you are doing your best to plan for your future.  Make sure you have copies of any important document; birth certificates, marriage certificates, employment records.  Keep them, save them as they may be useful and needed later.
5. If you decide to pay for more than the consultation appointment, find out exactly what that attorney is going to do for you and when, and if it is worth paying for now, or if you should wait for the reform to actually arrive before you decide who to hire and how much to pay.   

Recibimos muchas preguntas sobre  "La Reforma" de inmigración, como funciona y quién puede solicitar o acogerse a la reforma. Queremos dejar claro que actualmente no hay una "Reforma", firmada por el Congreso o cualquiera de los Poderes Federales en Los Estados Unidos.

Con cada nueva administración y con el cambio de las leyes del los Estado, pronto puede haber algún tipo de "Reforma" en las leyes de inmigración, pero una vez más repetimos no hay ninguna en este momento. Cuando la "reforma" de inmigración venga, muchas personas que estan viviendo en los Estados Unidos y contribuir a la economía tal vez van a calificar. Pero por ahora, no hay reforma, sólo platicas de una "reforma".
Si usted es un inmigrante que tiene la esperanza de obtener, hay algunas cosas que usted debe saber:

1.                  Hay mucha gente que obtine su dinero pero no puedo ayudarle. Estas personas utilizan la palabra "reforma" o "Amnistía" en tiempo presente, como si hay una ley en su lugar, cuando en realidad no son más palabras. Algunos son "notarios", algunos son asistentes de abogados, incluso tal vez hasta abogados. Algunos de ellos toman su dinero con el fin de engañarlos, porque es dinero fácil para ellos. Otros realmente quieren ayudar, pero no le pueden ayudar porque la ley no ha cambiado todavía, sinembargo le toman su dinero. En caso de duda por favor busque varias opiniones de las personas de buena reputación con el fin de entender plenamente lo que las leyes actuales de inmigración son y cómo se aplican a usted directamente.

2.                  Se advierte, si usted pone una applicacion con inmigracion antes de tiempo, puede dañar su caso, especialmente si usted tiene una situación inusual en su historia. Situaciones inusuales podrían incluir,  ser detenido por inmigración en el pasado, que otra persona utilice su nombre o identidad y meterse en problemas con la ley, que tengan una visa expirada y luego salir y reingresar al país, y muchos otros temas. En algunos casos, usted podría incluso ser deportado si mete una applicacion antes de tiempo o incorrectamente.  

3.                  Algunas personas están a la espera de la "reforma", pero no saben que pueden calificar para residencia ahora.  Si usted está casada con un ciudadano de los Estados Unidos,  tiene un padre, hermano o un hijo de 21 años que ya es ciudadano de los Estados Unidos, o se hayan adoptado por un ciudadano de los Estados Unidos antes de los 16 anos, usted podría calificar para la residencia. También puede calificar ahora si usted ha estado aquí desde 1/01/1972 o si usted tuvo hace años anteriores presentaciones de inmigración, y no fueron rechazados.

 4.                  En este momento, no hay reforma, la reforma aún no ha llegado. La mayoría de la gente tendrá que esperar para una Reforma para obtener la residencia. Éstos son algunos consejos útiles:

1.                  Sométase a una consulta, si usted siente dudas or preguntas.

2.                  Si usted decide obener una consulta legal, asegúrese de que escojer  una persona o buffete de abogados que sean honestos y no ejercern ilegalmente.

3.                  Si tiene alguna pregunta que necesita una respuesta de inmediato haga su consulata.  Obtener respuestas ahora pueden ayudar a entender sus opciones y decidir cómo manejar ciertas áreas de su vida mientras espera por las  cambios de las leyes de inmigración. Un abogado le puede advertir acerca de cosas que podrían perjudicar su caso más en el futuro.

4.                  Reúna a su papeles importantes ahora, no manana y asegúrese de que usted está poniendo esfuerzo para planificar su futuro. Asegúrese de tener copias de cualquier documento importante, actas de nacimiento, actas de matrimonio, registros de empleo. Manténgalos, guardarlos, ya que pueden ser útiles y necesarios posteriormente.

5.                  Si usted decide pagar por más que la cita de consulta, entinda exactamente lo que el abogado va a hacer por usted y cuándo, y si vale la pena pagar por ahora, o si debe esperar a la reforma para llegar efectivamente antes de decidir a quién contratar y cuánto pagar.  No deje que le tomen el dinero a cambio de nada.

You can request a copy of your credit report. You should do this periodically and review it for accuracy.  If you find inaccurate or misleading information, you should write a letter to the credit agency requesting that the agency investigate and correct the information.

Some information that is older than 7 years may be removed from your credit reports upon request.

 You should also check for accuracy of identifying information.  (For instance, there may be addresses listed for you that were never yours).

 You are entitled to one free credit report per year from each agency.

 In order to be sure that the most accurate information is on record, you should contact all three agencies and review what each agency has to say about you.

 Note: there are a lot of companies and individuals that offer to clean up credit reports for a fee. Some of these are reputable, some are not.  Be sure to check out any individual or company thoroughly before paying money and releasing personal information!

Well, here I am, back on one of my favorite subjects, "how to choose a lawyer."  I guess that the reason that I like to write about this subject is that it is the one that I get asked about most frequently.   

In choosing a lawyer, as in many other aspects of life, it's all about balance. 

You want a lawyer that has a good personality, and one that you enjoy working with or talking to, but one who can represent you aggressively when the situation calls for it.  (You want "Nice" but not "Wimpy".)

You want someone who is not afraid to stand up for you, and insist on your rights. But you don't want someone that will argue just for the sake of argument   ("Strong", not "Belligerent".)

You want an attorney and staff who are open to your ideas, but able to stand up to you and give you an honest opinion and clear direction. ("Open minded", not "Wishy-washy".)  

You want someone who will be responsive to you and will keep you up-to-date. But you don't want someone who will put everything aside every time any client wants to talk.  ("Responsive", not "Easily Distracted".)

And, while you want someone who you can afford, price shouldn't be the only criteria.  Look for a reasonable price that falls within the range of what is charged in your geographical area for that type of case, by attorneys with the particular level of experience.  An attorney who refuses to cut the price or service when it will negatively affect your case is actually doing you a favor.