Blog
Articles and updates from our family of firms on tax, probate, business, and related topics.
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Retirement Plan Terms Can Trump State Probate Laws
Having specific language and instructions in wills or estate plans can help distribute a decedent’s assets in accordance to their wishes. There may be cases where more than one beneficiary can lay claim to a decedent’s assets. As San Antonio probate attorneys, we often see this when individuals feel they are entitled to the property or
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Think Twice Before Handing Records to the IRS
There have been several lawsuits filed against the IRS for unlawful disclosure of taxpayer information. These include a suit filed by President Biden’s son, a lawsuit filed by the IRS against IRS contractor Charles Edward Littlejohn for leaking taxpayer information to news outlets–which apparently included former President Trump’s tax returns and returns for many other…
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How Involved Do You Have to be in a Texas Guardianship?
If you know of a legal proceeding, but do not check in on it and then miss deadlines to appeal as the case progresses, can you wait until the end and bring suit against one of the parties? Consider this in the case of a guardianship proceeding. The probate court may have a number of
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The Role of the “Fiduciary Duty” in Probate Disputes
Probate disputes often involve conflicting claims by family members. The claims can result from misunderstandings or even viewing the same facts from a different perspective. The claims can also come from outright theft and other wrongdoing. The outcome in these types of disputes can often come down to who has the burden of proof in
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Breach of Contract as Theft Loss Tax Deduction
Many people have experienced the pain of an investment gone wrong. You put money into a business, loan funds to a friend, or participate in a real estate venture, expecting strong returns. But instead of profits, you end up suffering losses when the deal unravels. It leaves you wondering – can I at least deduct…
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When a Bank Forecloses on a Dead Person’s Property
If someone dies and has a mortgage, can the bank foreclose and sell the property to pay off the mortgage? This is a common situation that arises and question that we get, as Houston probate attorneys. The short answer is that, yes, the bank can foreclose, but the heirs are not without remedies. There are
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Can You Revoke a Joint Lady Bird Deed?
Lady Bird Deeds are a popular estate planning tool in Texas that allow property owners to retain a life estate while transferring their property to a designated beneficiary upon death. The key benefit is that they can be revoked if situations or desires change. But what about joint Lady Bird Deeds executed by both spouses?
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Start a New Business to Avoid Old Taxes
Payroll taxes kill businesses. It is very easy to get behind, whether the business owner uses the funds to pay other expenses or due to a mistake. Once there is a payroll tax balance, it can be very difficult to catch up. The penalties and interest compound the problem. If you’re a business owner and…
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When an Uncle Marries a Niece: Can the Niece Inherit as a Surviving Spouse?
Lifetime transgressions can and do often come to a head when someone dies. This can include a variety of family issues, including those that some may consider taboo. Take the example of where an uncle purports to marry his niece. Texas law does not allow such a marriage, but, apparently, some jurisdictions do. What happens
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Contracts Entered Into by a Person Who Lacks Mental Capacity
What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues? What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into? Are the contracts