If you die without a will in Texas

If you die without a will in the State of Texas, the legislature has determined how your estate will be divided.



Many people think that the State of Texas will "take" your property.  That is untrue. 







What is true is that the State of Texas has determined who will receive your property.



What I mean by property is "real property" -- also known as real estate. 



It's hard to "hide" real estate and property that has a "title" -- things like a boat or vehicle. 







Stuff like -- clothes, jewelry, papers, furniture, etc. can easily "disappear" -- just "vanish". 







If you have a properly written will in Texas, probate in Texas is easy and inexpensive.  I strongly urge you to hire a TX attorney to do your will. 



I don't like a will sold in an office supply store or on-line.  Many of the wills sold at these places are not prepared by TX attorneys. 



TX wills MUST be done just a certain way in order to be valid in TX in order to be probated so that they are easy and inexpensive. 



So why save $200 on a kit and spend $2,000 on probate?

That is penny-wise and pound-foolish. 

Do it right the first time!!



Horror story:

My friend's mom did a codicil (minor change) by hand and totally messed up up the will.  She wanted to leave my friend the bulk of the estate because he was the "good son"  & restrict his sister because she was a drug addict.   After mom died, the sister, ended up with everything and the "good son" ended up with nothing.   Mom's eye sight was poor and her minor change removed the son from the will and gave everything to the daughter -- oops!  Mom could have easily paid a lawyer to accomplish what she wanted.  Son did not even get his Dad's pocket watch! 

Are you a 2nd wife -- does your husband pay child support -- if so be afraid -- very afraid if he dies --

IF YOUR HUSBAND PAYS CHILD SUPPORT -- remember that his children by his previous marriage comes first!! 



READ HIS COURT ORDERED CHILD SUPPORT -- it clearly states that his child support obligation continues AFTER his death -- THAT MEANS THAT HIS ESTATE OWES THE MONEY after his death....



YOU NEED TO PROTECT YOURSELF IN CASE YOUR HUSBAND DIES...

DO YOU HAVE A WILL?

Do you have a will?



Do your relatives know if you want to be put on life support if you are in a horrible accident?



Don't wait -- act today!!







713-847-6000

Elderly or sick family members

Do you have elderly or sick family members?



You need to talk to me



I charge $2 per minute to talk to you or to you and your family.



I might give you some peace of mind.



KNOWLEDGE IS POWER!



713-847-6000



fran@familylaw4u.com







IT'S NEVER TOO EARLY TO PLAN!!



YOU LIVE IN HOUSTON -- YOU DRIVE ON THE FREEWAYS!!

Consultation $2 a minute

I have been practicing law for almost 20 years.  I am over 55 years old.  I have led a colorful life.  I am a former business owner.  I've been married twice.  I am taking care of my elderly parents.  I like to think outside of the box.  I try to avoid going to court.



If you might have a potential problem, come see me.  Let's just talk for $2 per minute.  Within 30 - 90 minutes, perhaps I can help you.  Or, perhaps I can point you in the right direction.



I never got guardianship over my father.  I did things that avoided needing a guardianship over him.  I might be able to help you too. 



If you have aging parents or you are single, you need more than a will.  You don't just need a living will or a living trust.  You need to think outside the box.  Let me help you. 



Probate in Texas is not scary if you plan ahead!



Call me at 713-847-6000 or email me fran@familylaw4u.com

Adoption by another person

If you are over the age of 18, it is very easy to be ADOPTED by another person.



Many people that could not be formally adopted as children for some technicality can finally finish the process quickly, easily and CHEAPLY after they turn 18.



For some families that spent thousands of dollars and years of frustration, waiting until the child turns 18, is the answer to their prayers.



If the adoption process is not an option for your family, please consider doing it AFTER the child becomes an adult.



Most people have not be made aware of this option. 



This is one reason I offer a consultation for $2 a minute.  Often there are solutions that people just aren't aware of or never considered.



Call me for an appointment.

Changining a minor child's name

Changining a child's name requires the consent of BOTH parents. 



If both parents do NOT agree, most judges just won't do it.







It's just easier to wait until the child is 18, then the child (now considered an adult) can do it without anyone else's consent.  The adult needs to get a finger print card and fill out some paperwork.  If the person does NOT have a criminal record and is NOT avoiding creditors, it's easy.  Most judges are glad to do it. 



The biggest pain is to to the SOCIAL SECURITY ADMINISTRATION office and then the TX Driver's License Office and get new identification. 



The person will need to get all things changed -- passport, credit cards, etc. 



It takes several weeks to get new id's issued.

Children having children

I had an interesting question the other day.



A 15 year old girl was pregnant.  The girl's father wanted to know who was going to have to pay for her maternity clothes and her hospital bills.



The obvious answer was -- her parents! 



The Texas legislature never anticipated minor children having children.  Our state laws just are not written for minors having babies.



Parents are responsible for the acts of their children.  



The odds are the father is also a minor and does not have the money to pay for her pregnancy expenses. 



In most cases, most people are not wealthy.  If the families have a lot of money, then 2 attorneys are going to get wealthy and having a lot of fun fighting in court by fighting in court by trying to prove to a judge in court which parent was more negligent by not watching their children and "allowing" these kids to get "too close" to reproduce! 



Of course, it won't be until AFTER the baby is born and DNA testing can be done to determine who the bio. daddy is and litigation can begin!  So the parents are going to have to save all the receipts and hope that the Judge will reimburse their expenses.  I've seen judges reimburse for prenatal vitamins.  I don't know if a judge will reimburse for the costs of "reasonable" maternity clothes.  And what would "reasonable" maternity clothes be? 



Of course, the costs to hire attorneys to fight all of this might exeed the out-of-pocket costs.



But, if the man is much older than the 15 year old girl, he might be charged with statutory rape and be looking at criminal charges...if so...he'll be in prison and a registered sex offender...so child support and reimbursement of pregnancy expenses will be the least of his problems.



After practicing law for almost 20 years, it never gets boring!

Why do so many 17 yr. olds want to leave home?

It seems that many 17 yr. olds want to move out of their parent's home!!  They are in a hurry to move in with their boyfriend's home.  It is rare that a boy wants to move in with his girl friend.



At 17 they are an adult for criminal purposes!  However, they are still a minor for civil purposes.  Landlord's don't want to rent to them.  No one wants to sign a contract (car loans) with them.



What they don't realize is that they cannot take their furniture and their stuff (cell phones, computers, games, etc.) with them when they leave.  Technically, their clothes, money, etc. belong to their parents.



The moment the clock strikes midnight on their birthday, they are an adult and they can leave their parent's home.  They can leave with the clothes on their back -- and they can take anything that they have received as a gift or inherited.  Everything else still belongs to their parents.



Of course, the moment they turn 18, their parents no longer have to support them -- with things like money, food, clothing, housing, soap, gasoline, electricity, cell phones, Toilet paper, water, etc.

Considerations with Medical Malpractice Cases in Texas

Our law firm has been representing the injured throughout Texas successfully. However, in the area of medical malpractice, there are some considerations to be taken, before a case can be successfully litigated.

The underlying nature of the case is very important. Was it an intentional act vs. a negligent act. Was the act or omission inseparable form the the claim. Texas law has changed to the detriment of injured victims and to the benefit of insurance companies. Law firms must consider the fact that, there is a cap on compensatory damages for any type of medical malpractice claim.

With an expert report, which is required in order to advance the medical malpractice case, the Defendants must be implicated and must be mentioned by name. Although the Court looks at the "four corners" of the report, to see whether liability arises, attorneys need to be aware that, must experts do not understand the concept of "proximate cause." An expert report may have inferences, but not assumptions.

Texas laws have change when it comes to injured individuals. Be sure to have a team of lawyers that will take your case to a successful completion. When you or a loved one has been injured, please contact The Baez Law Firm, P.C. We are San Antonio personal injury lawyers.

Trademark & Domain Name Disputes

Under Texas law, a domain name dispute could potentially lead to a trademark dispute. A trademark is, “a word, name, symbol, device, slogan, or any combination thereof that, whether registered or not, has been adopted and used by a person to identify his or her goods and distinguish them from the goods manufactured or sold by others.” A person commits trademark infringement if, without the registrant’s consent, he uses a reproduction, copy or imitation of a registered mark in selling or advertising goods when such use is likely to cause confusion with the likely source of the goods. A person may also bring suit against a party for actions likely to dilute the distinctive quality of a mark. Texas courts have determined that a domain name can violate the statute prohibiting trademark dilution.

Courts applying Texas law have determined that “dilution arises when a subsequent user uses the trademark of a prior user for a product so dissimilar from the product of the prior user that the subsequent user will lessen the uniqueness of the prior user's mark.” To recover, the owner of the tradmark must show that it owns a distinctive mark and dilution is likely. Distinctiveness can be proved by showing uniqueness of the mark or that it has acquired a secondary meaning. A secondary meaning means that the public has come to associate the trademark with a given entity.

For example, in a 2001 Texas case, the owner of the trademark “Ernest and Julio Gallo” sued a domain name owner who had registered ernestandjuliogallo.com. The court held that the name was distinct and it had a secondary meaning and further found that the value of the trademark was likely to be diluted because the defendant owning the domain name denied the plaintiff of the ability to use its mark to serve as a unique identifier for its goods. The defendant’s website used Gallo’s trademark in a way that diverted potential customers to a website containing disparitive remarks about Gallo, tarnishing its trademark. A domain name dispute can become an issue of trademark infringement if the holder of the name denies the holder of the trademark of the right to exclusive use over their trademark. Because the domain name denied Gallo the right to exclusive use over their trademark and confusingly directed customers to a website harmful to them, potentially weakening their trademark, the court applied Texas law and determined that a violation of the dilution statute had occurred.

So, under Texas law, a domain name dispute could lead to a trademark infringement suit if the trademark is distinct and has a secondary meaning, and the owner of the domain name denies the owner of the mark of exclusive right over their trademark and/or uses it in a way that will dilute or weaken the trademark.

** This article was prepared by Zachary Popovich and edited by Sarah Berry.

Lehrmann gets GOP nod for Texas Supreme Court

In a run-off election for the Republican party's nominee for a seat on the Texas Supreme Court, voters selected family law judge Debra Lehrmann over Dripping Springs lawyer Rick Green.

Read the full story in the Austin American Statesman: Lehrmann gets GOP nod for Supreme Court

Fitness company sues mother of drowned boy

Life Time fitness goes on the offensive in the wake of suits following the drowing of a young boy at an Austin gym. The family were not members of the gym, and have been accused of trespassing at the time of the drowning. Read the full story in the Austin American Statesman: Fitness company sues mother of drowned boy

Should my company hire unpaid student interns?

What criteria determine if an internship can be unpaid?
First, governmental agencies and non-profit entities can almost always hire student and professional interns or employees without the obligation to pay those employees a minimum wage. Second, once students have graduated from their school of choice with a degree in their field, they may elect to volunteer their time with any employer they so choose. This is true for lawyers, doctors, accountants, and even teachers. Third, if a student intern receives school credit for an internship, it is almost never in violation of the law.

In the case of student interns, they must be paid a fair wage under the Fair Labor Standards Act (FLSA) unless the position can be properly designated as that of “trainee”. In order to be considered a trainee under the FLSA, six criterion must be met:

1. The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school.
2. The training is for the benefit of the trainees.
3. The trainees do not displace regular employees, but work under close observation.
4. The employer that provides the training derives no immediate advantage from the activities of the trainees, and on occasion his operations may actually be impeded.
5. The trainees are not necessarily entitled to a job at the completion of the training period.
6. The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.

Thus the vast majority of student internships do not meet the standards for “trainees” under the FLSA.

What are the risks to the employer if they do not adhere to these criteria?
If an employer does not adhere to these criteria, they may find themselves faced with complaints filed with the Department of Labor (DOL) by their intern/employees. The DOL will then investigate and make a ruling, and if it determines that the employer owes the employee back wages, it may enforce the ruling by a variety of methods:
· conciliation - if the DOL can persuade an employer to cooperate, it may supervise a settlement of the claim between the employee and employer, in which case the employer may be able to escape with only liability for back pay (Section 216(c);
· civil action for back pay and damages - the DOL may sue on an employee's behalf to recover back wages and liquidated damages (Section 216(c);
· injunction - the DOL may apply for an injunction to restrain further violations by the employer or to restrain the sale or transfer of goods produced with labor that was compensated in a way that violated the FLSA (Section 217);
· criminal action - under 29 U.S.C. 216(a), the U.S. Department of Justice may bring a criminal action against an employer in the case of a willful violation of the FLSA; and
· civil actions by employees - employees have the right to file suit in a court of competent jurisdiction to protect their rights under the FLSA (29 U.S.C. 216(c)).
The employer may also face additional penalties under their relevant state’s laws.

Do you have examples of unpaid internships that clearly should be paid internships?

Any time an employer hires an unpaid student to do a job that would otherwise be performed by a paid employee they run a risk of violating the law. These types of illegal unpaid internships are widespread in certain industries such as fashion, publishing, and journalism. http://fashionista.com/2010/04/will-prohibiting-unpaid-internships-kill-the-fashion-industry/ If the purported “trainee” is doing nothing more than menial labor, it is very likely that there is a violation of the FLSA.

What recommendations do you have for employers that want to offer unpaid internships?

Adhere to the six criteria above! First, provide your interns with valuable training. In the legal industry this can mean critiques of interns’ work product and tips on how to be better writers. Second, don’t rely on unpaid interns to run your business. If a certain task is critical to your business, it should be performed by a paid employee or a licensed volunteer. Third, have your interns sign an internship agreement that explicitly states that they will not be paid for their time.

What recommendations do you have for those seeking them?

Come to your unpaid internship with an open mind, but also know what you want to get out of the position. Ask questions of your employer, and let them know if you feel like you’re not receiving valuable training. If you’re only taking the job to expand your contacts within your chosen field, you probably don’t want to rock the boat for fear of long term repercussions. If your employer has made it clear that they are not interested in paying you and will not provide you anything of value in exchange, quit that position and move on.

Dallas Grand Jury Subpoenas County Constable Adamcik - The Towing Plot Thickens?

The ongoing investigation into the Dallas County Constables may be expanding.

We've already posted on County Constable Jaime Cortes (Precinct 5) and Constable Derick Evans (Precinct 1) - they're in the midst of an ongoing investigation into possible criminal acts by Dallas District Attorney Craig Watkins.

If you'll remember, it took awhile for Watkins to start investigations into the possible bad acts involving towing policies in Precincts 1 and 5 -- the Dallas County Commissioners had asked the District Attorney to investigate at least three times and zip had been done, etc., etc.

On Monday, grand jury subpoenas were issued to Dallas County Commissioner Ben Adamcik (Precinct 3) and three of his deputies. Seems that Adamcik, as well as his underlings Tony Lewis, Richard McKnight (the Chief Deputy), and Bertha Roop will be testifying to the Grand Jury on Friday.

Adamcik's a former cop, and he's telling the press that he's got absolutely no idea why he and his folk have been called downtown -- his precinct is "boring."

That may be. North Dallas may be boring. Adamcik and his folk could have been called down there for any number of reasons. But when the District Attorney's Public Integrity Unit Investigation into bad acts by County Officials spreads its web into yet another precinct, you gotta wonder.

And face it. These days (as reported on this blog and its brother), having a background in Texas law enforcement isn't exactly a stellar recommendation of integrity.

Let's watch and see what happens here.