“Twas two weeks after Christmas, and all through the house

not a creature was stirring, not even a mouse.

My spouse in his skivvies, and I in my long shirt

were asleep behind bars, our burglar alarm on alert.

When out on the lawn there arose such sounds

I sprang for my pistol and loaded two rounds.

Armed with the knowledge of my concealed gun permit

I flung open the door and shouted “That’s it!”

With alarms shrilly blaring and disturbing the night

I raced from my house, the intruder in sight.

He was off like a flash, dodging wildly between cars

I gave wind to the chase guided only by stars.

Down the street we two flew past a neighborhood lot

’til I pointed my gun and let off a shot.

Alas, with a target that moved and a light so uncertain

that shot went astraythrough a neighbor’s lace curtain.

It landed three feet from the homeowner’s bed,

broke the window, a lamp and grazed the neighbor’s head.

The crook (if he was one) got clean away,

the neighbor, however, filed suit the next day.

I turned to my insurance but then a surprise!

I’d been off my property – the claim was denied!

No costs of defense, no paid lawyer’s fees,

no coverage for judgment…I was knocked to my knees.

Paying thousands of dollars slaked my gunslinger thirst

I still have my permit, but I call police first.

Your parent’s gross income calculation excludes his social security and SSI benefits.

the dependency exemption isn’t limited to claiming just parents; it also applies to descendants, grandparents or other ancestor, stepchild, stepparent, sibling, aunt, or uncle.

From a legal perspective a guardianship is a legal proceeding to determine a person’s capacity or lack thereof, determine what decision making power should be taken away, and who should be appointed guardian.

Guardianship disputes usually fall into two categories: 1. the degree of incapacity and 2. Who should be guardian?

Anyone who has practiced for very long in the guardianship area has had both types of disputes arise. Many times someone with dementia will not be able to perceive that they have a problem. Likewise family members may be in denial as to their loved one’s lack of capacity. Also the reverse custody fight where family members fight over who should be guardian happens all too often.

One of the benefits of a mediated settlement is that it can help preserve family relationships. Many guardianship proceedings are filed by the adult children of elderly parents. A contested court proceeding in guardianship can be just as much an adversary proceeding as any other form of litigation.

By shifting the focus of the discussion from an adversary proceeding to problem solving, where instead of child against parent or child against child we can have a situation where a family is working together.

Most guardianship contests are ultimately financed out of the proposed ward’s estate. The applicant’s attorney, the attorney ad litem and the guardian ad litem as well as physician’s expert witness fees usually end up paid for by the proposed ward. Guardianship litigation can be just as expensive as any other type of contested proceeding and a mediated settlement can help save money to be used for the care and benefit of the ward.

A settlement preserves a certain amount of privacy. No one enjoys having their infirmities discussed at length in open court or having the family dirty laundry displayed in public.

Of court the parties are not totally free to resolve the dispute on their own terms. Any settlement agreement must be approved and implemented by court order. But in my experience Judges love settlements. In most contested cases the Judge will hear from the court’s own probate investigator and the guardian ad litem as to wisdom of any settlement.

The best mediator in a guardianship matter is an attorney who is experienced in guardianship and trained in mediation. Mediation is a skill that must be learned and practiced. Crafting a solution for a family in a guardianship matter requires a thorough knowledge of the law and practice of guardianship law.

Certified Mediator Robert Morris is experienced in guardianship matters. He is a member of the National Academy of Elder Law Attorneys, is certified to serve as a Texas Ad Litem, and is admitted to represent clients before the Veteran’s Administration. To contact Robert Morris regarding mediations, call the offices of Hammerle Finley at 972-436-9300.

Carbon Monoxide poisoning is caused by the incomplete combustion of natural fossil fuels – natural gas, propane, oil, coal, kerosene, gasoline, wood and other flammables.    Some common causes are running a generator in an enclosed room, a clogged chimney, cracked heat exchangers, and  faulty pipes. 

The symptoms of carbon monoxide poisoning are difficult to detect, because they masquerade as the flu.  Victims usually suffer headaches, nausea, fatigue and disorientation.  Poisoning can lead to death.  For survivors, the injury can last a lifetime – well after the poison leaves the blood stream. 

The best way to prove carbon monoxide poisoning is to have a blood test that shows its presence.  The definitive test is a carboxy hemoglobin test.  The test is not part of the standard blood tests, and must be specifically ordered.  Because carbon monoxide quickly passes out of the blood, the test should be given within a 4 hour window of exposure. 

Finding the source of the poisoning is crucial to a personal injury case.    Usually this involves a technician visiting the home or business and conducting a through investigation.  Multiple codes, including the National Fuel Gas Code, The International Fuel Gas Code, The International Residential Code and the International Mechanical Code.

In Texas, a carbon monoxide poisoning personal injury case is usually subject to a two year statute of limitations – meaning it must be brought within two years of the injury.  There are other time defenses that can be raised by a defendant, however. 

If you think you are being poisoned by carbon monoxide, go the emergency room immediately and tell them your suspicions.  And then contact the Hammerle Finley Law Firm.

How do you get through a divorce with your sanity intact?

• Calm down. Getting a divorce is one of life’s major stressors. Making emotionally charged decisions are never in your best interest. Divorce is a legal process. It takes time – sometimes it takes a lot of time. Rest assured that your case will eventually come to an end.
• One of your first decisions will be – who moves out? Generally, to preserve your strongest case, you should not voluntarily leave the family residence. This assumes that family violence is not an issue. If you are an abused spouse or the possibility of physical violence exists, do not risk your health. Remove yourself from the residence, go to a safe place and contact your lawyer immediately.
• If you no longer love your spouse, substitute courtesy. A little kindness can go a long way, even in the most heated of situations. Remember your grandmother’s old saying, “you catch more flies with honey than vinegar.”
• Walk away from heated arguments or conflicts. Allowing your spouse to draw you into such situations increases the possibility of doing something or saying something that will negatively affect your case.
• Don’t tell your spouse more than you need to. Providing your spouse too much information can allow him or her to counter and defend positions you plan to take more easily.
• Don’t make agreements or sign anything without talking to your lawyer first. It can get awfully expensive trying to revoke a document you signed which adversely affects your rights, and in the end, there is no guarantee that the revocation will be successful.
• Expect your spouse to resent your lawyer and attempt to undermine his or her influence. It is important to remember that you and your spouse are no longer a team on the majority of issues and do not maintain the same or similar goals in the outcome of the divorce proceeding. Use your lawyer as a buffer. Ask your spouse to talk to his or her lawyer, and have that lawyer talk to yours. Thus, when in conflict, trust your lawyer, not your spouse.

Construction defects have to be timely asserted against the builder or general contractor. The Statute of Limitations determines the amount of time.

For a Deceptive Trade Practice action, the lawsuit must be filed within two years. The time doesn’t start running, however, until the defect is discovered.

For a breach of contract action, the lawsuit must be filed within 4 years. There is a “discovery” exception to the limitations period for this cause of action, too.

However, the outside limit is ten years, regardless of when the discovery of the defect was made. This is called the Statute of Repose, and the ten years begins to run upon substantial completion of the project.

As you might have guessed, the law as applied to specific facts is considerably more complex than described above. If you have discovered a construction defect, contact an attorney immediately to determine your rights.