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If you die without a Will you are basically giving the state of Texas the right to decide who will receive your property. What a frightening thought!

When a person dies without a Will, the law determines who their heirs are. What can follow are family feuds and ugly law suits of Dickensian proportions.

Who Is In Charge After You Die? is a book everyone should read. Those who do not have Wills, those who may not have proper wills and those who are confronted with the daunting task of handling a loved one’s estate.

For those who do not have a Will, this book will clearly outline the unquestionable necessity of taking care of the matter and in doing so properly in order for the Will to be valid. It will serve as a guide to family members who need to better understand what is involved in settling an estate of a loved one when there is a Will and when there is not a Will. And it will clarify the profound differences between the two. It explains probate and under what circumstances it is or is not necessary.

what’s inside

page 2

Want to win a VISA
gift card?

Thanksgiving by the
numbers


page 3

Do I need a
guardian?

Who is Uptown
Counseling and
Family Therapy
(UCFT)


page 4

Keeping up with
The Ashmore
Law Firm

The Ashmore Law Firm, P.C. 3636 Maple Avenue | Dallas, Texas 75219-3908 | 214-559-7202 | www.AshmoreLaw.com
Copyright ©2011 by The Ashmore Law Firm, P.C.

www.AshmoreLaw.com | November 2011 | 1      


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do I need a guardianship?


1.


Your child has Down syndrome and is about to turn 18. At 18 years old a child becomes an adult. They can legally make their own decisions, financial or medical. If a child has Down syndrome, they may be mentally unable to make decisions. They need a Guardian appointed by the Court to make medical or financial decisions on their behalf.

2.

A loved one is diagnosed with Alzheimer’s or Dementia and unable to make their own medical or financial decisions. Without being declared legally incapacitated an individual has a right to make their own medical decisions and handle their own financial affairs. Whether they write a $10,000.00 check to the yard man, add their “new friend’s” name to their accounts, or let their new friend help them with medical decisions. As a result of the high potential for exploitation and abuse, a Guardian appointed by the Court is needed for the protection of your loved one and their estate.

3.

A loved one has a Mental Illness and is not able to make appropriate financial or medical decisions. The mental illness process is one which

 
allows you to hospitalize someone involuntarily by an Order of Protective Custody by showing a recent overt act of harm to self or others. I find for many this is like putting a band–aid on a cancer, whereas a Guardianship is like applying chemotherapy. This is not the answer for the entire mentally ill population, but may be the answer for many. A Court appointed Guardian is able to obtain all medical and psychiatric records of the patient. The psychiatric hospital, doctors, nurses etc., must speak with the Guardian even without consent of the patient. It appears some patients need the structure a Guardianship gives to exercise good judgment and stay on medications.

4.

Your minor child has received an inheritance or life insurance proceeds. A child under the age of 18 is not allowed to have any estate. This means they are not able to own real property or receive life insurance proceeds. If your child is receiving any interest in real property or proceeds from a life insurance policy or annuity as a named beneficiary, they will need a Court appointed Guardian to oversee these assets.

 

WHO IS UPTOWN COUNSELING AND FAMILY THERAPY (UCFT)?

Traditional therapies require one to investigate problems and may require years in therapy. UCFT focuses on solutions so you can achieve results quickly.

Traditional therapies often focus on resistance, provoking fear, and underlying reasons for a problem. UCFT focuses on strengths, intelligence and wisdom of the client to help them achieve their best hopes.

Traditional therapies focus on what is wrong and what does not work and analyzes the client’s weaknesses.

 
UCFT focuses on what the client is doing right and builds a foundation for the future.

Traditional therapies focus on the past. UCFT focuses on your future and how you will meet your goals.

If you are looking for a kind of therapy that shows respect, focuses on your hopes and your goals, then Uptown Counseling and Family Therapy was made for you!

 
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The Ashmore Law Firm, P.C.
3636 Maple Avenue
Dallas, Texas 75219–3908
214–559–7202
www.AshmoreLaw.com










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Visit us at www.AshmoreLaw.com
Copyright ®2011 by The Ashmore Law Firm, P.C. This publication is intended to educate the general public about personal injury, medical malpractice, and other issues. It is for information purposes only and is not intended to be legal advice. Prior to acting on any information contained here, you should seek and retain competent counsel. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety.
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