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Dallas Legal Issues and Attorney Information BLOG for April 11, 2010.

Posted by NetOffer in Dallas-Fort Worth-Arlington, TX on Apr 11, 2010

Dallas Legal Issues and Dallas Attorney Information BLOG postings for April 11, 2010.

Irving Attorney Explains Why Wills Are Critical For Those In A Second Marriage April 04, 2010

Irving attorney explains why wills are critical for those in a second marriage. The consequences of not having a will are greater when you have more than one family to protect. Betty and George had been happily married for 15 years when he became ill. She stood by him as the illness progressed and eventually claimed his life. They did not have any children together but George had a son and daughter from his first marriage. Betty and her step children were friendly but not close. George died without a will. He and Betty had lived a modest life and he felt there was not enough there to worry about. However, that is not the way things turned out. George's children wanted all the family heirlooms and anything else the law entitled [more info...]

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Plano Personal Injury Attorney Counsels Victims on Evidence Gathering March 24, 2010

Plano personal injury attorney Richard Armstrong states that a personal injury claim often stands or falls on whether evidence is available in a timely manner. "You would be amazed at how many folks kick themselves later in their lawyer's office because they didn't take and save a photo when they had the chance, or obtain a witness' contact information," said Armstrong. "Personal injury claims, like any other claim, depend substantially on what your lawyer is given to work with. A lawyer with only average ability can often obtain a good result when the evidence is preserved, while a superb lawyer may have much difficulty getting the same result if evidence is lacking." Mr. Armstrong stresses that the type of evidence will vary. "For exa [more info...]

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Irving Estate Planning Attorney Explains How Trusts Can Be An Important Planning Tool For Non-traditional families And Same Sex Couples March 21, 2010

Irving Estate Planning Attorney explains how trusts can be an important planning tool for non-traditional families and same sex couples. The use of a revocable trust can be an important estate planning technique for non traditional families and same sex couples. All estate planning should begin with the four key documents but non traditional families and same sex couples need to take that planning a step further. A revocable trust is established during a person's lifetime and the trust document names a trustee and one or more successor trustees to manage the assets that are transferred to the trust. An individual might name themselves as the trustee and their partner as the successor trustee. If both partners contribute assets to t [more info...]

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Irving Attorney Discusses Estate Planning for Business Owners. March 14, 2010

Irving Attorney discusses estate planning for business owners. Business owners like all individuals should start with the basics. There are four documents that form the cornerstone of all estate planning. They are a will, durable power of attorney, medical power of attorney and directive to physcian (living will). Non-traditional families and same sex couples should consider some additional documents to provide similar coverage available to married couples under the law. Business owners have unique needs beyond that. They need to protect their business also. This may include preparing for a transfer to a known or unknown future owner. It could also provide for the smooth dismantling of the business. Providing for either circum [more info...]

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Plano Attorney Blows the Horn on Arbitration as a Cure-All for Lawsuits March 10, 2010

Plano attorney Richard Armstrong takes issue with those who hold that arbitration is a silver bullet to solve the problem of the delays and costs of litigation. "I have seen too many cases where a contract contained an arbitration clause that was too broad of a brush," says Armstrong, "leaving little or no room for judicial remedies where it would have been especially appropriate. One of the starkest examples is the use of an arbitration clause to cover all remedies, including those which an arbitrator is not empowered by law to give, such as injunctive relief." Armstrong notes that, by entering into such an agreement, a business person may effectively "paint themselves into a corner" by removing all access to the courts in a case where [more info...]

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Irving Estate Planning Attorney Discusses the Importance of Beneficiary Designations For Non-traditional Families and Same Sex Couples March 07, 2010

Irving estate planning attorney discusses the importance of beneficiary designations for non-traditional families and same sex couples. A comprehensive estate plan begins with a will and directives. But it would be incomplete without considering beneficiary designations. This enables every aspect of the plan to work together toward providing for your loved ones. A review of how all assets are titled and current beneficiary designations will ensure your goals are achieved. It is important to review beneficiary designations on life insurance policies. Because insurance proceeds can be considerable, it is critical to ensure that the correct person is designated as the beneficiary and such designation complies with all necessary requi [more info...]

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Irving Probate Attorney Explains Probate Proceedings February 21, 2010

Irving probate attorney explains probate proceedings. A probate lawyer can help you select the right proceedings for your situation. When a loved one has passed those left behind are often at a loss for how to proceed. What needs to be done? When must it be done? Can I delay the process to allow time to grieve? Following are some general guidelines to help answer these questions for residents of Texas. Since laws vary from state to state and change over time, you will want to consult an attorney to ensure you have information relevant to your situation. There are several questions that must be answered to determine what options exist and what proceeding is required. Is there a will? What type of property is owned? Are t [more info...]

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Irving Estate Planning Attorney Discusses Advanced Planning Documents That Are Critical For Non Traditional Families And Same Sex Couples February 14, 2010

Irving Estate Planning Attorney Discusses Advanced Planning Documents That Are Critical For Non Traditional Families And Same Sex Couples. Planning for all families begins with the same foundational estate planning steps. However, if you are a non traditional family or in a same sex relationship additional steps are necessary to ensure your loved ones are protected and your wishes followed. If you want your partner, instead of your biological relatives, to make decisions on your behalf additional steps need to be taken. The first step to consider is preparing a document regarding disposition of your remains following death. This is a relatively straightforward document that allows you to specify who should be responsible for maki [more info...]

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Plano Lawyer Richard Armstrong Urges Consumer Action in Toyota Cases February 12, 2010

Plano lawyer Richard Armstrong, with over 20 years in injury cases, declared this week that swift legal action in the Toyota gas pedal cases is critical. "One class action has already been filed in California, and another in Ohio" stated Armstrong. Others are yet to come. If an individual has been seriously injured, or---God forbid---killed through negligent manufacture or delayed recall, he had better file suit quickly before Toyota is brought to its knees by group claims and government pressure." "We have seen this happen in other types of cases," continued Armstrong, "ranging from Bendectin in the pharmaceuticals field to the class action tobacco suits of the late nineties. The company may either not survive, or be so crippled by [more info...]

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Irving Probate Attorney Explains Property Transfers February 07, 2010

Irving Probate Attorney Explains Property Transfers. What happens next and how to get it done can be a difficult and confusing process. The death of a loved one can bring a great deal of stress and confusion into the survivor's life. What is to be done with the home, furnishings, financial accounts and pets? Who is responsible and how does it get done? When someone dies any property owned must be transferred to a new owner. This transfer takes a variety of forms and which form depends in part on what the deceased owned. Some property can be transferred with beneficiary statements. While others require some legal step for the transfer to be complete. When determining what proceedings are required the first question to ask is " [more info...]

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Irving Attorney Provides an Overview of Planning for Non Traditional Families and Same Sex Couples January 31, 2010

Irving Attorney Provides an Overview of Planning for Non Traditional Families and Same Sex Couples. While the need for proper estate planning is the same for both traditional and non-traditional families, some of the planning techniques used are different. Same sex couples are not treated the same as traditional married couples for many purposes and while these differences in treatment present challenges, they are not insurmountable with proper planning. Same sex couples, just like opposite sex couples, must have the four key documents. The four documents include a will, a medical power of attorney, a durable power of attorney and a living will. These documents are the foundation of any estate plan, whether for traditional or non- [more info...]

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Irving Attorney Defines Your Estate. January 24, 2010

Irving Attorney Defines your estate. What is it and why does it matter? The most basic definition of estate is everything you own. This includes tangible items like a house, car, boat and furnishings. It also includes intangible items like investments, bank accounts, 401K's and IRA's. When defining your estate for planning purposes there are two categories of assets. They are probate and non probate. Probate assets are assets that come under the jurisdiction of the court at the time of your death. Non-probate assets are those that do not come under the jurisdiction of the court. Non probate assets are most commonly created with beneficiary statements. Banks and other financial institutions have patrons complete beneficiary st [more info...]

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Plano Lawyer Richard Armstrong Reviews Initiation of the Texas Divorce Process January 20, 2010

"The divorce process," says Plano lawyer Armstrong, "begins when the party seeking relief files a document entitled Original Petition for Divorce." More properly termed a pleading, this document may be anywhere from several pages to thirty or more pages in length, depending on the facts of your particular case and the extent of the relief you are seeking. Unless you choose to represent yourself, you are generally not required to sign the petition. Therefore, it is essential to let your lawyer know if you'd like to review it before filing and delivery to your spouse. Armstrong the Law Firm, as a matter of course allows the client to review the pleading for accuracy before filing. Note that the petition is required by law to contain ce [more info...]

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Irving Attorney Discusses Estate Planning For Pets January 17, 2010

Irving Attorney Discusses Estate Planning for Pets. What options exist to care for your pet? In some households pets are key members of the family and any estate plan that doesn't address their needs would be found incomplete. An important first step in this process is to discuss your desires with the person you wish to care for your animals after you are gone. There are several questions you should ask yourself and discuss with the potential caregiver. Will you care for my pets? Is there a limit on the number or type of pets you will care for? Can you manage the additional expense of the pet? The simplest solution is to include a bequest in your will. This allows you to leave your pet to another person you know will love [more info...]

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