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Written by Dennis Tardan
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Imagine if in your checking account there was a large reserve of cash. It was always available to you and you could access it from anywhere, any time you wanted it. The problem was that you didn’t know it was there. Whenever you checked your balance, this cache of cash didn’t show up. So, even though you had a reserve of wealth, you behaved as if you didn’t. You didn’t even draw any interest on these funds.
I ask you to apply this metaphor to yourself and to the qualities and strengths that you bring to your life and your career. What if you undervalued your strengths on a consistent basis? What if you overvalued your liabilities on a consistent basis? What effect might that have on your overall success and career satisfaction?
In my experience as a communications coach, I’ve discovered that all of us have a blind spot when it comes to our strengths and to how effective we are as communicators. We tend to err on the side of “less than” whenever we evaluate ourselves. |
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Written by Marc J. Krasney, P.C.
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Each week I am asked by clients about issues that their reach beyond their business—from their children buying houses to preparing wills. This week, I decided to focus again on the will process and share a few questions from clients and my answers. I think the testate process is interesting and necessary to keep the family peace but also to protect your personal and business assets.
Q: I recently remarried and love my husband; however, before we married we agreed to keep our assets and money earned before marriage separate. In fact, we agreed not to change our wills so that our money and assets will continue to go to our children. But, my husband and I live in my home. After I die, I want my husband to be able to stay in our home (even though I own it). Can he?
Answer: Good question. Even though you did not leave the house to your husband (and presumably left to your children that do not live there), your husband has a right in Texas to live in that home until he dies. Only after your husband dies do your children have full rights to the property. During your husband’s lifetime, however, he is responsible for the maintenance and insurance on the home. Obviously, it would be to his benefit to be kind to the children and let them know that he is taking good care of his home that he shared with their mother. Be advised, that your husband’s right to stay in the home does not change even if he remarries.
Q: Can I leave my children and grandchildren out of my will? I do not want them to inherit anything. Instead, I want to give my possessions to charity.
Answer: Yes. You can will your property to whoever you choose and can choose not to will anything to your children or grandchildren. No Texas law exists that requires anyone to leave any property to their children. However, your children may choose to contest the will and seek legal recourse. They can do this during the probate process and challenge your capacity at signing or that you signed under undue influence. They may also challenge the signature or your witnesses. Clearly, this may be an uphill battle. Be sure to discuss these issues with your attorney. One remedy could be that you have a will signing video that memorializes all the proper procedures and reflects your full testamentary capacity to sign the will.
Q: My parents left my brother, sister and I their home. It is paid in full and I want to sell to realize some cash. My sister wants to live there and refuses to sell. My brother wants to sell. We do not want her to live there but she is attached to the home. What can we do to force her to sell?
Answer: Answer: Unfortunately, if your sister refuses to sell her portion of the house, you will need to file a lawsuit to partition the sale. You have an equal right to your portion of the house and since it cannot be physically divided, the Court will need to order a sale. Even though that is the procedure, you should speak with your siblings and advise that the sale will not realize the same amount of cash like you would now by selling considering the partition process is expensive. You may visit with an attorney and see what solution you could work out amicably. |
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Written by Gary Comerford
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 Business process analysis (BPA) or business process management (BPM) is the new buzzword in IT consultancy. It's one of those things that most people can see a benefit from but they are also unsure about how to do it correctly. As a result of this there is a lot of confusion around the topic. One of the things that happens in consequence is that projects take place which effect processes in an organisation but, ultimately, end up causing more problems than they solve.
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Written by Marc J. Krasney, P.C.
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The Texas Deceptive Trade Practices Act is also known as the Consumer Protection Act which as the phrase implies is designed to protect consumers; however, it also protects businesses in large transactions. The DTPA provides that all “false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.” To better understand the DTPA, we need to review a few statutory definitions.
Definitions
Trade or commerce means the “advertising, offering for sale, lease, or distribution of any good or service, or any property, tangible or intangible, real, personal, or mixed, any other article, commodity or thing of value wherever situated and shall include any trade or commerce directly or indirectly affecting the people of this state.” The term “good” includes tangible things or real property purchased or leased for use. “Service” includes work, labor or services (except for professional services) purchased or lease for use, including services furnished in connection with the sale or repair of goods. Finally, the term “unconscionable action” is found throughout the statute and it is defined as one that “takes advantage of the lack of knowledge, ability, experience, or capacity of a person to a grossly unfair degree.”
Who can File?
Under the statute, only consumers can file a DTPA action. The definition of a consumer is broad and far reaching. Consumers include any individual, partnership, corporation or governmental entity that seeks goods or services by lease or purchase. Clearly, most businesses fall within the definition and can therefore seek relief.
So What Does Someone Have To Do to Me?
The statute includes a laundry list of violations but the most common are misrepresenting goods and services in an effort to induce purchase or false statements regarding the need for repair or service. In application, the statute would cover situations like unnecessary car repairs, buying a used car, buying a home, purchasing materials for your business or home, and all transactions in between.
So What if Someone Violates the DTPA?
If you think someone has violated the statute and specifically something in the laundry list of violations, you file a suit under the DTPA after giving the appropriate notice letter and opportunity to settle. If the suit continues, the jury may award damages. If the action was deemed intentional or done knowingly, the actual damage award may be trebled (or multiplied by three). |
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Written by Dennis Tardan
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I believe the recent presidential primary has shown very clearly that men and women are more equal in the United States than ever before. We have demonstrated that we can accept or reject candidates for the highest office of the land or a corporate position based primarily upon their qualifications, irrespective of race or gender. However, while I fully accept that men and women are equal under the law, I do not accept that we are equal under the laws of nature, and such differences can be the cause for distraction in the delicate art of business communication.
I shall not debate as to which gender drew the shorter straw in the aging process; I will, nevertheless, lament my gender’s peccadilloes. I long ago made peace with my receding hairline. I was in my late 30’s when the migration began and I was determined never to pretend that I had hair. No comb-over. No toupee. The hair I would wear would be the hair that was there.
What I didn’t expect, was that when the hair left the top of my head, it would decide to sprout in some unlikely and worrisome places. At first, every once in a while, I noticed a single, long hair growing somewhere out of the middle of my forehead. Are you kidding me??? Suddenly, there it would be, a couple of inches long, having seemingly grown overnight, waving to all, proud as could be. What is that about? This began in my late 40’s and I pondered if this could be one of the first signs of manopause.
These follicles were the precursors to ever increasing sproutings (and I apologize in advance for being indelicate…) on my ears and out of my nose. I was horrified! What in the name of the Intelligent Designer could be the use of having hair grow in these places? Did my ancient ancestors need to have furry ears to warm them in their dotage while the young folks hunted the wooly mammoths, slew bison and gathered grains?
And, if this was true, then why do I sprout these hairs either individually or in small useless clumps out of the holes in my head? These hairs couldn’t keep a few cells warm, much less an entire ear or nose. Something had to be done and I took a two-prong approach.
I went to my local Target and found that there are a number of products specifically designed to solve my problem. They were even called “Nose and Ear Hair Trimmers.” They have rotating blades encased in protective sleeve, thank goodness, so that I don’t have to have nicked and bleeding ears and nose as a result of my hairquest.
Additionally, I have asked my barber to take a whack at any errant ear hair that she may discover while she trims the hair that remains on my head. I’ve found that barbers won’t just do this on their own unless they are invited to do so.
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