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Dallas Legal Services SuperBLOG postings for December 4, 2009.

Posted by NetOffer in Dallas-Fort Worth-Arlington, TX on Dec 04, 2009

Dallas Legal Services SuperBLOG postings for December 4, 2009.
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Irving attorney explains the difference between community property and separate property November 22, 2009

Irving attorney explains the difference between community property and separate property. What is separate property? Separate property is property acquired before marriage. It is also property acquired during marriage by gift, devise, or descent; and recovery for personal injuries by a spouse during marriage except for recovery for loss of earning capacity during marriage. Property received by devise or descent is property received from the estate of a person who has died. For example, if a relative passes away and leaves you money or property it is separate property regardless of your marital status. What is community property? Community property is property acquired by either spouse during marriage with two exceptions. Firs [more info...]

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Irving attorney explains what happens when you die without a will November 08, 2009

Irving attorney explains what happens when you die without a will. In a previous article I explored why you need a will but now we will consider the consequences of not having one. As discussed previously a properly drafted will answers four key questions. Who will manage your estate? Where will your property go? Who will care for your dependents? Have your unique needs been met? To help understand the impact of failing to have a will we review these questions looking from the perspective of the Jones family. The Joneses decided the kids were old enough to leave with Grandma while they went away for the weekend. After depositing the kids with Grandma they head out of town for a romantic getaway to celebrate their anniver [more info...]

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Plano Personal Injury Lawyer Discusses Motor Vehicle Accident Injury November 02, 2009

Plano Personal injury lawyers know that the most serious and catastrophic accidents often occur while people are involved in transportation-related activities. Although some transportation accidents may subject the wrongdoer to criminal sanctions, injuries suffered in such an accident usually are compensable also through a personal injury civil lawsuit. Most civil suits arising from transportation accidents are based in negligence. This blog provides a brief overview of the laws and issues regarding automobile accidents (equally applicable to commercial trucking accidents.) In later blogs, I will deal with aviation accidents, boating accidents, and of other modes of transportation. Tort litigation involving transportation-related act [more info...]

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Irving business attorney discusses issues to consider when forming a Limited Liability Company November 01, 2009

Irving business attorney discusses issues to consider when forming a Limited Liability Company (LLC). Selecting your business structure is one of the most important decisions you will make. You should take the time to consider all of your options before selecting a business structure. When you create an LLC you are creating an entity that is completely separate from the owners who are called members. The LLC will continue to exist until dissolved. The LLC combines many of the strengths of both corporations and partnerships. The members have liability protections similar to a corporation. They are shielded from liability for the LLC's debts, obligations and liabilities. However, they have the benefit of partnership type federal tax [more info...]

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Irving Attorney Answers Frequently Asked Estate Planning Questions October 25, 2009

Irving Attorney answers frequently asked estate planning questions. If you have questions, leave them as a comment and I will answer them in a future FAQ blog article. What happens if someone dies without a will? When someone dies without a will the courts look to the probate code which are statutes addressing the estate of those who have passed both with and without a will. The state statutes define who will be considered as an executor absent a will. The statutes define who will inherit and include a complex formula for addressing both community and separate property and the complex family structures that may exist. The statutes also address who will become guardians to minor children of the deceased. The court will monitor every [more info...]

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Plano Attorney Richard Armstrong Discusses Civil Litigation Fear October 16, 2009

Plano Attorney Richard Armstrong Discusses Civil Litigation Fear The courthouse can be a confusing and intimidating place for a person bringing or defending a civil damages suit, says Plano attorney Richard Armstrong. That is precisely why so many people avoid the courthouse, even when the evidence is on their side and their cause is just, suggests Armstrong. Fortunately, competent law firms using a variety of fee arrangements can remove the mystery and fear associated with the courtroom, as well as level the playing field. Just because a law firm is large doesn't necessarily mean it will win. According to Armstrong, much depends on the experience and commitment level of the attorneys representing the litigant. Some smaller firms bea [more info...]

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Irving attorney describes what can happen to children when parents die without a properly drafted will October 10, 2009

Irving attorney describes what can happen to children when parents die without a properly drafted will. Many of us embrace the do it yourself (DIY) lifestyle. Why pay someone to do something you are fully capable of doing yourself? In many cases this is wise money management but it can be a disaster in the making. Consider the plight of Jane's children. Jane received a medical diagnosis that ensured her premature death. She left behind four children (4, 8, 12, 15), a life insurance policy and a modest estate. She desperately wanted to protect her children so she bought a book and prepared a will. The book allowed her to create a legal will with the proper witnesses. She appointed her sister as the executor and left her esta [more info...]

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Plano Wrongful Death Lawyer Discusses Wrongful Death Damages October 02, 2009

Plano Wrongful Death Lawyer Richard Armstrong comments: a great many damages sustained by wrongful death victims are intangible. "Many of the things we take for granted in a loved one are difficult or impossible to quantify when they are gone," says Armstrong. "Such things as loss of a mother's gentleness, a father's wisdom, a gifted child's future, or a wife or husband's affection can never be replaced. However, in addition to tangible damages such as past and future loss of income and earning capacity, Texas law recognizes a right to recover for the loss of spousal and parental "consortium." See Reagan v. Vaughn, 804 S.W.2d 463, 466 (Tex. 1990). When a surviving spouse sues for loss of consortium of the deceased spouse, care [more info...]

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Irving business attorney urges small business owners to include planning for the three D's September 27, 2009

Irving business attorney urges small business owners to include planning for the three D's. The three D's are disability, divorce and death. Consider the following situations. You form a partnership with a business colleague. Everything is going well, business is growing and life can't get any better. Then your business partner's husband asks for a divorce. Does your partnership agreement address the issues relating to the divorce of a partner? What if your partner is your spouse and they have asked for a divorce? You are running a successful business as a sole proprietor. Driving home from work you are injured in an automobile accident and will need several weeks to recover. Will your employees be able to continue in your ab [more info...]

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Irving business attorney discusses issues to consider when forming a partnership September 20, 2009

Irving business attorney discusses issues to consider when forming a partnership. Selecting your business structure is one of the most important decisions you will make. You should take the time to consider all of your options before selecting a business structure. There are several types of partnerships available to business owners. A partnership is created anytime two or more people come together to conduct business for profit. Partnerships are governed by partnership agreements and each partner is taxed on his or own share of the income. The partnership agreement controls every aspect of the business according to its terms unless it conflicts with a few statutes that the state requires. One such statute requires all partners ha [more info...]

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Irving business attorney discusses issues to consider when choosing to incorporate September 13, 2009

Irving business attorney discusses issues to consider when choosing to incorporate. Selecting your business structure is one of the most important decisions you will make. You should take the time to consider all of your options before selecting a business structure. When you create a corporation you are creating an entity that is completely separate from the owners and shareholders. The corporate entity will continue to exist until dissolved. It is this separate entity status that provides the protection to shareholders from corporate debts and liabilities. This liability protection is often the primary reason for selecting incorporation. One of the first decisions to be made is the name of the business. When forming as a corpor [more info...]

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Plano Business Litigation Attorney Analyzes Recent Decision September 12, 2009

PLANO BUSINESS LITIGATION ATTORNEY RICHARD ARMSTRONG believes the Texas high court properly found no partnership in Deere v. Ingram. On July 3, 2009, over five years after we tried the lawsuit to a Dallas jury, the Supreme Court of Texas affirmed the decision of Dallas County trial court in Ingram v. Deere, ___ S.W.3d___ (Tex. 2009). In that case, the jury stung our client, a licensed behavioral psychologist, with five million dollars in damages which the Plaintiff psychiatrist had argued was his proper share of past and present "partnership" earnings. Essential to his position, of course, was that the jury find a partnership existed in the first place. The jury so found, and thus ensued a battle through the app [more info...]

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Irving business attorney provides an overview of the four basic business entities September 07, 2009

Irving business attorney provides an overview of the four basic business entities. Understanding the differences between the types of business entities will help you select the best entity for your business. Sole proprietor is the easiest business to start. This requires nothing but that you begin providing a product or service and you must file an assumed name certificate in the county where you will be working. While this is the easiest form it has no liability protection at all. Partnership is a business structure that includes two or more people. If no formation papers are filed with the secretary of state what is created is a general partnership. A general partnership is the default business structure of two or more people p [more info...]

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