Texas Lawyers Blog

Description

The Texas Lawyers Blog provides useful information on the law and Texas lawyers. For more information on this Blog or a legal topic, please feel free to submit an inquiry or send an e-mail message to blog@texaslawyers.com

Sunday, March 10, 2019

Texas Back Injury Lawyer Handles Serious Back Injury Lawsuits Including Texas Herniated Disc Lawsuits by Texas Back Injury Lawyer

Texas Back Injury Lawyer and Texas Operated Back Lawyer Handles Serious Back Injury Lawsuits Including Texas Severed Spinal Cord Lawsuits, Texas Crushed Disc Lawsuits, and Texas Herniated Disc Lawsuits by Texas Serious Back Injury Lawyer, Texas Traumatic Back Crushed Disc Lawyer, and Texas Herniated Discs Lawyer Jason Coomer

Serious back injuries including disc herniations and damaged vertebrae can be some of the most painful and difficult injuries that a person can suffer.  These injuries often cause pain and paralysis as well as require significant medical treatment.  Moreover, traumatic injuries to the back can often cause permanent impairment resulting in lost work.   Back injuries often occur through traumatic events such as car accidents, serious falls, and being struck by falling objects. For more information on this topic, please go the following web page: Texas Serious Back Injury Lawyer Information.
   
Traumatic Back Injuries Can Include Severed Spinal Cords, Crushed Discs, Bulged Discs, and Herniated Discs Which Require Surgery or Treatment 
The human spinal cord is basically a bundle of nerves which is surrounded by 33 bones or vertebrae.  Located between each vertebrae is a spinal disc which is a liquid filled disc shaped pouch.  These discs are stacked on top of one another and act as shock absorbers allowing the spine to flex, bend, and twist.  When functioning properly, the vertebrae and discs protect the spinal cord allowing nerve impulses to travel from and to the brain to other parts of the body.  This allows us to experience sensations, move our bodies, and control many bodily functions.

Unfortunately, a traumatic back injury can cause significant damage to a person's back including to a person's vertebrae resulting in impingement and lack of support requiring surgery.  Traumatic injuries can also cause crushed discs, bulged discs, or herniated discs which may also require surgery. Damage to vertebrae or discs typically require an MRI and experienced neurologist or orthopedic doctor to identify.  For this reason whenever you or a family member are involved in a serious car accident, traumatic fall, or are struck resulting in serious injuries to the back, it is often best to seek good medical treatment and examination to determine the full extent on an injury.  

The human body has remarkable healing potential, but it is important to make sure that back injury is properly treated and any significant damage to a back is not made worse by attempting to push through the pain or while on pain medication.  

Friday, March 8, 2019

International Telecommunications Bribe Lawyer Represents Telecom Professionals Who Want to Anonymously Expose Telecom Industry Bribery Schemes and Earn Financial Rewards by International Telecom Bribe Lawyer

International Telecommunications Bribe Lawyer Represents Whistleblowers Who Have Original Knowledge of Large Telecommunications Industry Bribery Schemes And Want To Collect Financial Rewards For Properly Exposing Bribes to Government Officials by International Telecommunication Bribe Lawyer & International Telecom Bribery Scheme Lawyer Jason Coomer

International telecommunications professionals who have original knowledge of large telecommunications bribes can earn large financial rewards by anonymously exposing these telecom industry bribery schemes through an international telecommunications bribe lawyer.  The telecommunication professionals are encouraged to use an international telecommunications bribe lawyer because the lawyer can confidentially review the potential bounty action as well as anonymously report the illegal telecom bribe for the professional.  The lawyer's confidential review can determine the strength of the potential bounty action and properly report the corruption whereas the anonymous reporting can help protect the telecommunications profession's identity.  For more information on this international telecommunications bribe bounty actions, please go to the follow web page: International Telecommunications Bribe Bounty Action Information.

Telecommunications Professionals Should Understand That Telecom Bribes Can Be Violations of the Foreign Corrupt Practices Act

Illegal telecommunications bribes and kickbacks to government officials are most common in Russia, China, Mexico, Brazil, and India.  These countries have long standing traditions of corruption where large companies pay bribes to government officials for large telecommunications contracts.  Telecommunications professionals who work in these countries are strongly encouraged to expose any large telecom bribes.  The telecommunications professionals should also be aware that telecommunications companies who pay bribes to government officials or provide illegal kickbacks to government officials for telecom contracts may be violating the foreign corrupt practices act and may be subject to criminal actions as well as to these large bounty actions.

Below are examples of recent telecommunications bribes that have resulted large settlements for violations of the Foreign Corrupt Practices Act.
 
Mobile Telesystems Pjsc and Its Uzbek Subsidiary Enter into Resolutions of $850 Million with the Department of Justice for Paying Bribes in Uzbekistan
Moscow-based Mobile TeleSystems PJSC (MTS), the largest mobile telecommunications company in Russia and an issuer of publicly traded securities in the United States, and its wholly owned Uzbek subsidiary, KOLORIT DIZAYN INK LLC (KOLORIT), have entered into resolutions with the Department of Justice and Securities and Exchange Commission (SEC) and agreed to pay a combined total penalty of $850 million to resolve charges arising out of a scheme to pay bribes in Uzbekistan.  In addition, charges were unsealed today against a former Uzbek official who is the daughter of the former president of Uzbekistan and against the former CEO of Uzdunrobita LLC, another MTS subsidiary, for their participation in a bribery and money laundering scheme involving more than $865 million in bribes from MTS, VimpelCom Limited (now VEON) and Telia Company AB (Telia) to the former Uzbek official in order to secure her assistance in entering and maintaining their business operations in Uzbekistans telecommunications market.

VimpelCom Limited and Unitel LLC Enter into Global Foreign Bribery Resolution of More Than $795 Million; United States Seeks $850 Million Forfeiture in Corrupt Proceeds of Bribery Scheme
Amsterdam-based VimpelCom Limited, the worlds sixth-largest telecommunications company and an issuer of publicly traded securities in the United States, and its wholly owned Uzbek subsidiary, Unitel LLC, entered into resolutions with the Department of Justice today in which they admitted to a conspiracy to make more than $114 million in bribery payments to a government official in Uzbekistan between 2006 and 2012 to enable them to enter and continue operating in the Uzbek telecommunications market.

In a related action, the department also filed a civil complaint today seeking the forfeiture of more than $550 million held in Swiss bank accounts, which constitute bribe payments made by VimpelCom and two separate telecommunications companies, or funds involved in the laundering of those payments, to the Uzbek official.  The forfeiture complaint follows an earlier civil complaint filed on June 29, 2015, which seeks forfeiture of more than $300 million in bank and investment accounts held in Belgium, Luxembourg and Ireland that also constitute funds traceable to bribes, or funds involved in the laundering of the bribes, paid by VimpelCom and another telecommunications company to the same Uzbek official.

Thursday, March 7, 2019

Texas Ruptured Aneurysm Lawyer Handles Antibiotic Ruptured Aneurysm Lawsuits by Texas Ruptured Aneurysm Lawyer

Texas Ruptured Aneurysm Lawyer and Texas Stroke Lawyer Handles Antibiotic Ruptured Aneurysm Lawsuits and Antibiotic Stroke Lawsuits by Texas Ruptured Aneurysm Lawyer and Texas Stroke Lawyer Jason Coomer

Recent scientific studies have shown that several antibiotic drugs may cause an increased risk of aortic aneurysms which may cause fatal aneurysms and strokes.  Persons taking antibiotics including Avelox, Baxdela, Cipro, Factive, Floxin, Levaquin, and Noroxin should be aware of the potential dangers and health risks.  More specifically, persons with cardiovascular issues should discuss the potential health risks of Avelox, Baxdela, Cipro, Factive, Floxin, Levaquin, and Noroxin with their medical provider prior to any long term use.  For more information on this topic please go to the following web page: Ruptured Aneurysm Health Risk: Persons Taking Antibiotics Including Avelox, Baxdela, Cipro, Factive, Floxin, Levaquin, and Noroxin Should Be Aware of a Potential Increased Health Risk of Ruptured Aneurysms.

Fatal Aneurysms and Fatal Strokes Related to Long Term or Short Term Use of Fluoroquinolone Antibiotics Should Be Reported to the FDA and Prescribing Medical Doctor

If you have been taking fluoroquinolone antibiotics including Avelox, Baxdela, Cipro, Factive, Floxin, Levaquin, or Noroxin and have been diagnosed with an aortic dissection, aortic aneurysm, brain aneurysm, ruptured aneurysm, or a stroke; or you have lost a loved one that was taking fluoroquinolone antibiotics including Avelox, Baxdela, Cipro, Factive, Floxin, Levaquin, or Noroxin and the lost loved one was diagnosed with an aortic dissection, aortic aneurysm, ruptured aneurysm, or stroke, please report the adverse action to the prescribing medical doctor and FDA as soon as possible.

Wednesday, March 6, 2019

Texas Lost Investment Lawyer Represents Investors Who Have Lost Significant Wealth Due to Financial Professional Fraud, Negligence, or other Malfeasance by Texas Lost Investment Lawyer

Texas Lost Investment Lawyer Represents Investors Who Have Lost Significant Wealth Due to Financial Professional Fraud, Negligence, or other Malfeasance by Texas Lost Investment Lawyer and Texas Investment Loss Lawyer Jason S. Coomer

Recent decisions by the Securities and Exchange Commission (SEC) have imposed over $1.4 billion in penalties on several top investment banks, brokerage firms, and brokers.  There are also numerous stories about investment fraud and people who have lost significant wealth due to the malfeasance of financial professionals.  As such, it is important to protect yourself when investing money as well as to keep track of all the money you have invested.  Further, if you believe that a significant amount of wealth has been taken from you or a loved one, it is important to gather all records regarding the investment including any financial statements, sign up documentation, online records, and any written warnings or warranties that might have been made.  After reviewing this information you feel that your financial professional has not been honest and has caused you to suffer significant investment losses, your best bet to recover your losses from investment fraud or securities fraud losses may be to speak to an experienced lawyer regarding your investment losses.  For more information regarding Texas lost investment lawsuits, please feel free to go to the following web page: Texas Lost Investment Lawyer Information.

SEC Bounty Actions Create Economic Incentives To Encourage All Persons With Knowledge of Illegal Insider Trading to Properly Expose Illegal Insider Trading

In addition to Texas Lost Investment Lawsuits, large financial investment firms who are committing large and systematic investment fraud, may be the target of SEC Bounty Actions.  These Bounty Actions are designed to detect large scale and systematic investment fraud.  By offering large rewards for proper reporting of investment fraud, investors and financial professionals are encouraged to report large scale fraud schemes.  These Bounty Actions require original knowledge securities fraud including executive insider trades, hedge fund insider trades, private equity fund fraud, false misleading information on a company's financial statements, false information on Securities and Exchange Commission (SEC) filings, stock manipulation schemes; or embezzlement by stockbrokers.  For more information on SEC Bounty Actions, please go to the following web page: SEC Bounty Action Lawsuit Information.

Several Forms of Investment Fraud Can Be The Basis for Texas Lost Investment Lawsuits and SEC Bounty Actions

In reviewing any investment, an investor should know that investing in the stock market or any investment can be a risky proposition. Markets and investments can fluctuate and the majority of investment losses result from such fluctuations rather than from stock broker fraud or misconduct. However, investment fraud and malfeasance do happen, and there are several forms of stock broker misconduct including:
  • Churning
  • Excessive Trading
  • Unsuitable Investments
  • Misrepresentation
  • Purchase of Unsuitable Securities
  • Investing in Variable Annuities/Variable Universal Life Policies
  • Risky or negligent Retirement Planning
  • Unauthorized Trading
  • Failure to Advise of Risky Investments
  • Unauthorized Risk Profile Changes

Tuesday, March 5, 2019

Texas Government Contractor Fraud Lawyer Helps Whistleblowers Report Fraud and Collect Rewards by Texas Government Contractor Fraud Lawyer

Texas Government Contractor Fraud Lawyer Helps Whistleblowers Report Government Contractor Fraud and Collect Rewards by Texas Government Fraud Lawyer Jason Coomer

The Federal False Claims Act allows professionals who properly expose government contractor fraud to earn large rewards.  Federal government contractor fraud can include Defense Contractor Fraud, Health Care Fraud, Road Construction Contractor Fraud, Public Works Contractor Fraud, Technology Contractor Fraud, and other types of federal government contractor fraud.  For more information on government contractor fraud, please go to the following web page: Federal Government Federal Fraud False Claims Act Lawsuit Information.

Health Care Fraud Under the Federal False Claims Act and State Medicaid Fraud Statutes

The United States Department of Justice, several state attorney generals, and many whistleblowers have been cracking down on fraud that is being committed against the United States and other government health benefits including Medicare Fraud, Tricare Fraud, Nursing Home Fraud, Hospice Fraud, Health Care Fraud, Off Label Drug Fraud, and Pharmaceutical Marketing Fraud.  The Federal False Claims Act has helped the federal government recover over $59 Billion from parties committing government fraud.  A large portion of this recovery is Medicare fraud/Medicaid fraud which is one of the fastest growing crimes in the United States.  For more information on Health Care Fraud under the Federal False Claims Act and State Medicaid Fraud Statutes, please go to the following web pages: Health Care Fraud Information, Texas Medicare Fraud Lawyer Information, and Texas False Claims Act Medicaid Fraud Information.

Large Financial Rewards Are Being Offered to Professionals Who Properly Expose Large Scale Defense Contractor Fraud

Approximately five hundred billion dollars ($500,000,000,000.00) in defense contracts have been awarded to defense contractors in the state of Texas since 2002.  Including in these defense contracts is an estimated 10 to 20% fraudulent defense contracts. For this reason, the government is offering large financial rewards to people with original knowledge of significant defense contractor fraud including the sale of defective weapons, vehicles, ammunition, technology, and equipment that has been committed by any of these contractors.   These rewards are designed to encourage professionals with original knowledge of large scale government fraud to step forward to expose government fraud.  The first step for many of these professionals is to obtain a confidential review of their potential case to determine if their potential case may be a viable whistleblower reward case.   For more information on Defense Contractor Fraud, please go to the following web page: Texas Defense Contractor Fraud Whistleblower Reward Lawyer Information.

Government Contractor Procurement Fraud Lawyer Handles Government Contractor Procurement Fraud Lawsuits, Government Procurement Fraud Whistleblower Lawsuits, Davis Bacon Wage Qui Tam Lawsuits, Government Contractor False Certification of Goods and Services Lawsuits, and Procurement Fraud Whistleblower Qui Tam Lawsuits

Government contractor procurement fraud has increased as some government contractors and subcontractors have defrauded the government by providing defective goods, cross charging, made false certification of services provided, charged for services not provided, charged for goods not provided, violated the Truth-in-Negotiations Act ("TINA"), and made improper cost allocations. Whistleblowers that have independent knowledge of procurement fraud committed against the government by government contractors and subcontractors can blow the whistle on the procurement fraud and if they are the first to provide notice of the fraud can recover a large financial reward for helping the government identify and stop procurement fraud.  For more information on Government Contractor Procurement Fraud, please go to the following web page: Government Contractor Procurement Fraud Whistleblower Lawyer Information.

Monday, March 4, 2019

Texas Technology Patent Litigation Lawyer Represents Patent Owners Who Want Contingent and Hybrid Contracts by Texas Technology Patent Litigation Lawyer

Texas Technology Patent Litigation Lawyer Represents Patent Owners Who Want Contingent and Hybrid Contracts by Texas Technology Patent Litigation Lawyer and Texas Contingent Patent Litigation Lawyer Jason S. Coomer

Texas Technology Patent Litigation Lawyer, Jason S. Coomer, represents business owners, inventors, and other patent holders in a variety of technology areas. In representing patent holders against large corporations on contingent or hybrid contracts he often builds strong litigation teams with scientific knowledge of many areas of technology including Telecommunications, Electrical Engineering, Computer Software, Digital Rights Management, Communication Protocols, Data Encryption and Access Control, Biochemistry and Protein Engineering, Wireless Communications, Internet Search Technology, Clean Energy Technology, Compression Technology, Artificial Intelligence, Automation Technology, Big Data Technology, Data Security Technology, Logistics Technology, Augmented Reality Technology, Internet of Things Technology, Cloud Technology, Life Sciences, Artificial Intelligence, and Energy Technology. He also commonly brings in litigation teams with deeps pockets and the ability to litigate against large corporations who have infringed on patents and are willing to spend a significant amount of resources to litigate a patent litigation lawsuit.  For more information on this topic, please go to the following web page: Texas Technology Patent Litigation Lawyer Information.

Texas Contingent Patent Litigation Lawyer and Texas Contingent Business Litigation Lawyer Represents Clients in Patent and Business Litigation 

Handles Contingent Patent Infringement Litigation and Other Contingent Business Litigation
Texas Contingent Patent Lawyer Jason Coomer works with clients from throughout the United States and the World on patent and business litigation.  In doing so, he understands that many businesses and individuals require contingent contracts to properly litigate their cases.  As such, he commonly reviews large patent litigations cases and other large business litigation cases to determine if he and his co-counsel can take the case on a contingent or a hybrid contract.  In reviewing this cases, he needs to be able to review sufficient evidence to show that there is a likelihood to win significant damages if he and/or his co-counsel take the case.  In handling large contingent patent and business litigation cases, he commonly works with other Business Litigation Lawyers throughout the United States and the World.  For more information on this topic, please go to the following web page: Texas Contingent Patent Litigation Lawyer and Texas Contingent Business Litigation Lawyer Information.

 

Sunday, March 3, 2019

Texas Uber Crash Lawyer Handles Texas Uber Crash Lawsuits by Texas Uber Crash Lawyer Jason S. Coomer

Texas Uber Crash Lawyer and Texas Uber Accident Lawyer Handles Texas Uber Crash Lawsuits and Texas Uber Accident Lawsuits Where Uber Drivers Cause Serious Injuries or Fatal Injuries by Texas Uber Crash Lawyer and Texas Uber Accident Lawyer Jason S. Coomer 

Uber is a rapidly growing company that provides a convenient method of transportation for millions of users.  However, some Uber drivers are careless, reckless, or intoxicated drivers who should not be driving and are a danger to Uber passengers and others.  Texas Uber crash lawyer, Jason Coomer, handles Uber accidents where a careless, drunk, reckless, or negligent Uber driver causes an accident which results in personal injuries or death.  He represents people that have been injured in crashes and the families of those who have been  fatally injured in accidents.  For more information on this topic, please go to the following web page: Texas Uber Accident Lawyer and Texas Uber Wreck Lawyer Information.

As Uber Continues to Expand Texas Uber Accidents Are Increasing

Every year truck, motorcycle, bus, car, and other automobile collisions kill and seriously injure a large number of Texans. In fact, auto accidents are one of the leading causes of death in Texas and in the United States. Many of these accidents are caused by drunk drivers, over worked negligent drivers, under maintained vehicles, and careless young drivers.  Additionally, a growing number of these accidents are being caused by Uber drivers who 1) are drunk or intoxicated, 2) driving carelessly, or 3) are tired and over worked.

If you believe that your Uber driver is drunk or intoxicated, driving recklessly, or is dangerously tired and overworked, it is important that you first protect yourself, then report the dangerous activity.  If your Uber driver causes a serious accident, it is important that medical treatment is given to anyone seriously injured and that a police report is made of the accident.

Saturday, March 2, 2019

Military Tinnitus Lawsuits and Military Hearing Loss Lawsuits Are Being Filed On Behalf of Military Service Members Who Were Given Faulty Earplugs by Texas Military Tinnitus Lawyer

Military Tinnitus Lawsuits and Military Hearing Loss Lawsuits Are Being Filed on Behalf of Military Service Members Who Were Given Faulty Earplugs Which Failed to Protect Their Hearing by Texas Military Tinnitus Lawyer and Texas Military Hearing Loss Lawyer

Faulty Military Earplug Lawyers are filing lawsuits across the country on behalf of military service members who have suffered hearing damage as a result of faulty military earplugs. These lawsuits allege that 3M Company furnished U.S. service members with earplugs that it knew were defective. Further, these military hearing loss lawsuits allege that 3M dual-ended combat earplugs may have caused thousands of military service members to suffer from hearing related injuries. If you have suffered hearing related injuries due to your military service after using the 3M dual-ended combat earplugs, please report the adverse condition to a medical doctor as soon as possible.  For more information on military tinnitus lawsuits and military hearing loss lawsuits, please go to the following web page: Faulty Military Earplug Lawsuit and Military Tinnitus Lawsuit Information.

Military Tinnitus Lawsuits and Military Hearing Lawsuits Allege That Faulty Earplugs Have Caused Injuries to Military Service Members Resulting in Tinnitus and Hearing Loss

The suits allege that the numerous veterans and active duty military have suffered hearing loss and tinnitus (ringing in the ears) because the 3M duel-ended combat earplugs did not properly protect them against loud noise and sounds such as gunshots, loud machinery, and battlefield explosion.

Further, many of these military service personnel are now symptoms of hearing loss and tinnitus.  Below are a few symptoms that have been reported.
  • Ringing in the ears (Tinnitus)
  • Muffled speech and other sounds
  • Difficulty understanding words, especially against background noise or in a crowd
  • Frequently asking others to speak more slowly, clearly and loudly
  • Needing to turn up the volume of the television or radio
  • Withdrawal from conversations and avoidance of some social settings

Friday, December 14, 2018

Texas Airplane Crash Lawyer Helps Families Who Lost a Loved One Killed in Fatal Accidents by Texas Airplane Crash Lawyer

Texas Airplane Crash Lawyer and Texas Accident Death Lawyer Helps Families Who Have Lost a Loved One in Fatal Accident by Texas Airplane Crash Lawyer and Texas Helicopter Accident Lawyer Jason S. Coomer

Though flying is typically a safe method of travel, sometimes business travelers and other passengers can be killed through mechanical problems or pilot errors.  When these fatal accidents, many families are so devastated that they do not realize that they may have a case and they may be entitled to compensation for the loss of their loved one.  For more information on Texas Airplane Crash Lawsuits and other fatal accidents, please go to the following web pages: Texas Airplane Crash Lawyer Information, Texas Helicopter Crash Lawyer Information, and Texas Accident Death Lawyer Information.

Texas Accident Death Lawyers Help Families Investigate Fatal Accidents and File Claims for Compensation Including Wrongful Death Claims, Insurance Death Benefit Claims, and Estate Claims

After losing a loved one in an accident, it can be difficult to even survive, let alone locate all potential insurance recoveries and other potential legal recoveries that may be available. It can also be difficult to prove the full extent of damages that your family has suffered from the loss of a loved one. Insurance companies and guilty defendants are often more interested in protecting themselves from paying compensation, than from making sure a family is fully compensated for the death of a loved one. This is true even if the damages suffered include the loss of a main contributor of financial support to your family or if there are large medical and funeral bills created by the death. These damages can often cause a ripple affect of other damages that can result in the loss of a home, loss of vehicles, loss of ability to go to college, and other serious financial problems.

In these situations, it often helps to have an experience accident death lawyer help investigate the fatal accident and seek compensation for the deceased's family.

Monday, December 10, 2018

Texas Breach of Fiduciary Duty Lawyer and Texas Senior Financial Exploitation Lawyer Represents Families Who Have Lost Significant Assets by Texas Breach of Fiduciary Duty Lawyer and Texas Financial Fraud Inheritance Lawyer

Texas Breach of Fiduciary Duty Lawyer and Texas Financial Fraud Inheritance Lawyer Represents Families, Seniors, and Retirees Who Have Lost Significant Assets to Financial Advisors, Caregivers, and Other Opportunists by Texas Breach of Fiduciary Duty Lawyer and Texas Financial Fraud Inheritance Lawyer Jason S. Coomer

Seniors, retirees, and the elderly have become the target of criminals and other opportunists, who take advantage of and sometimes steal significant assets.  These opportunists illegally take approximately $37 Billion from seniors each year.  In some situations where significant assets have been taken or are in the process of being taken, a Texas Breach of Fiduciary Duty Lawyer and Texas Financial Fraud Inheritance Lawyer can take action to protect assets or seek return of assets.  For more information on this issue please go to the following web pages: Texas Elder Financial Abuse Fraud Lawyer, Texas Guardian Fraud Lawyer, Texas Fiduciary Duty Fraud Lawyer, and Texas Financial Advisor Fraud Lawyer.

Financial Exploitation of Senior Citizens and Retirees is a Rapidly Increasing Crime

More and more elderly persons are becoming victims of financial fraud and financial elder abuse.  Many of these acts of financial fraud, financial elder abuse, and exploitation of the elderly are committed by family members and caretakers that have access to an elderly person's finances.  While some of these financial transfers are authorized by the elderly person, many are not. These opportunists illegally take approximately $37 Billion from seniors each year.

Texas Financial Elder Abuse Lawyer Jason Coomer handles Texas financial elder abuse cases, financial fraud cases, and alleged financial fraud cases by helping seniors and families protect wealth and reclaim wealth.

 Texas Undue Influence Contests and Fraud Lawsuits Are on The Rise

Under Texas law a growing number of "gifts" and testamentary bequests are being questioned and contested including many gifts and bequests to employees, caretakers, strangers, and some relatives.  In determining if the gift or bequest can be successfully contested, the court is going to look to see if the person had capacity to give the gift or testamentary intent to make a bequest, and if the person was under undue influence when making the gift or bequest.  These determinations are fact issues that will be case specific and be dependent on numerous factors including the nature of the gifts; the giver's understanding of the gift/bequest and their relationship to the recipient; whether there has been any fraud or duress in the inducement in obtaining the gift/bequest; and if the gift was the result of drugs, alcohol, dementia, or a psychotic break.


Also, it should be kept in mind that in many situations where the giver is elderly and may be developing memory problems, it is common for the person to later forget about the gift or bequest.  As such, in some situations it may be a good idea to properly document the gift or bequest to ensure that it can be proven that the gift or bequest was not the result of incapacity or undue influence.  This can often be tricky as there may be disgruntled heirs that will later contest the gift or bequest regardless of the situation and the person receiving the gift may not be in the position to insist on proper documentation. However, consulting a lawyer regarding a large gift or bequest is typically a good idea.  In these situations, the lawyer will typically want to meet alone with the person giving the gift or bequest to ensure that the person has capacity and is not under undue influence.

Scrooge The Day After,  A Year After, and 5 Years After

In the story of Scrooge, we stop when he is still rich and in the process of giving.  However, what happens the day after, year after, or five years after the spirit of generosity has taken over?  For a lucky few they have so much money and wealth that it doesn't matter.  They can give away hundreds of thousands of dollars or millions of dollars and still not see a change in their lives.  However, for the majority people a year or two of giving can deplete their life savings.  

What happens to these people?  What if they have giver's remorse?  What if they need their wealth back for medical or nursing home care?

For some under, it might seem like a good idea to give away large gifts, especially, to avoid potential estate taxes or to be able to qualify for future Medicaid benefits and avoid having a nursing home drain all of a family's assets.  However, these issues must be considered carefully before anyone gives away their wealth and assets.  Being without sufficient assets in case of a serious medical problem can create serious problems for someone that has made large gifts in the last 5 years. Under the Medicaid look back period, there is a 5 year look back period to qualify.  If a person like Scrooge decides to give away their assets and then in a year or two requires nursing home or other health care benefits, they may regret the gifts.  In most of these situations where the person made large gifts and now cannot afford medical care and nursing home care, the person cannot qualify for Medicaid benefits until these "gifts" are paid back.  This creates a problem for the person that gave the gift and sometimes for the person that received the gift.  Trust, loyalty, and communication are keys in these situations.

Likewise, what happens when the person is attempting to take advantage of gifts to avoid estate taxes.  In these situations, the person gifting their assets will need to give up control of their assets to take advantage of the gift tax.  Whether through out and out gifts or irrevocable trusts, it is important for the person intending to give large gifts to understand once they give the gift it is gone.  They cannot take back the gift if circumstances change.

In most situations, it is important for the giver to understand the consequences of the gifts that they are giving especially if these assets may be needed in the future.