Heather Tessmer has been listed the October 2015 issue of Texas Monthly's Super Lawyers section as a Family Law attorney. Super Lawyers are first nominated by their peers, then must go through a validation and evaluation process. Only 5% are selected for the list! Congratulations, Heather!! ...
A business or professional practice can also be community property and must also be considered in the division of property. Probably the most difficult aspect of determining the value of a business or professional practice is the valuing of “goodwill”. Goodwill is the intangible value that most businesses have based on their name or reputation. Even a business that cannot be sold has a goodwill value, which must be ascertained when the couple divorces. Again, having a qualified Family Law attorney on your side in a case like this is crucial, because he will bring in a CPA or business...
Community property does not just include things like real estate, household belongings, and vehicles. It also includes intangible property such as income, dividends, benefits and debts. All community property must be divided when the marriage ends, and all of the debts as well. In some cases, when a court awards a portion of one spouse’s retirement benefits to the other spouse, a Qualified Domestic Relations Order (QDRO) must be prepared to be sent to the employer, who will be ordered to distribute benefits to each spouse in accordance with the court’s order. A QDRO is not a “google and do-it-yourself” document. ...
Texas law defines community property as all of the property acquired by either spouse during a marriage, except separate property. Separate property is anything one spouse owned prior to the marriage, property inherited by only one spouse, property received as a gift by only one spouse and recoveries for personal injuries suffered by only one spouse – except for the portion of the award intended to compensate for lost earnings during the marriage. All property is presumed to be community property, unless and until the party claiming it is separate can prove so by a preponderance of the evidence. What sort...
In the Texas family court system, there are two kinds of property to be considered in a divorce: separate property and community property. Separate property is solely owned by one spouse. Community property is owned in equal shares by both spouses. All property acquired during a marriage by either spouse is presumed to be community property. A spouse that claims a particular property is separate must prove sole ownership. The concept of separate and community property comes from the law of Castile and has been maintained in Texas since Spanish rule. In the early days, a wife could have separate property,...
Keep all appointments with your medical providers. Explain to your doctors, in detail, any problems you continue to experience as a result of your injuries. This ensures your medical record is complete, which is important when it comes time to negotiate a settlement or go to trial. DO keep your final appointment with your doctor. This is when your doctor will usually provide you with a ‘permanency rating’ if your injury is permanent. Your attorney must have this information before settlement negotiations can begin. Don't be too eager to settle. The claims adjuster you will be dealing with will want immediate resolution....
In a personal injury case, documentation is important. Take photos of your injuries. Also, include recent photos of yourself taken before the injuries occurred. Keep a journal about your injuries and medical attention. Be precise about everything, including the daily extent of your pain. Even the smallest of points is significant information. Keep a file of every form of correspondence with every involved medical person relating to your injury, including e-mails. Save all of your medical-related receipts. This includes prescriptions, special equipment (crutches, walkers, canes), special foods, and co-payments. Don’t forget to document any travel expenses for your medical appointments. Maintain documentation...
Consider hiring a personal injury lawyer to represent you. They understand the laws and the injury claims process, allowing them to use their experience to your advantage. A good lawyer can even help you further when it comes to documenting personal injury expenses. This way you can focus on healing rather than negotiating. When dealing with a personal injury claim, you may be asked about prior medical conditions and current medical care. These are used to help establish damages. You may also be asked for details about how the accident happened, what you did and your current situation. Anything related to your health...
How do you know if you have a legitimate personal injury claim? Only a qualified lawyer can tell if your circumstances are likely to result in an award. However, most personal injury cases share these common elements: You have been injured either directly or indirectly (or you are the legal representative of someone who was injured). Someone else was at fault, either wholly or partially. Your injuries can be documented. The person or organization at fault is capable of being sued (in some special cases, laws have been enacted to protect certain entities from lawsuits.) If you have been injured, seek medical...
It's a beautiful day out. You are in a great mood, on your way home from work, singing along to the radio. Suddenly -- WHAM! You are hit by another vehicle. And just like that, your life is changed because you are hurt and can't work. The medical bills start to pile up and your household bills fall behind. It was not even your fault. According to the Texas Department of Transportation, in 2013 there were 232,041 people injured in car accidents in the state of Texas. 1 person was killed every 2 hours and 36 minutes. Those are staggering statistics. Stay...