Blog
Articles and updates from our family of firms on tax, probate, business, and related topics.
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Estate Tax Return Requirements
The passing of a loved one can be a difficult time, and the responsibilities of being an executor of their estate can add additional stress. In Texas, if you have been named as the executor of a deceased person’s estate, it is important to understand the legal requirements, including the potential requirement to file a…
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When Distributions Aren’t Made According to the Will
This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In…
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Transferring Real Property after the Death of a Loved One
Losing a loved one is a difficult and emotional experience, and the process of transferring their assets to their heirs can add to the stress and confusion. If your loved one died owning real property in Texas, you may be wondering what steps you need to take to transfer the property to your name. In…
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Ademption and Voluntary Partition in Texas Probate Law
Ademption and voluntary partition are two important concepts in Texas Probate Law that are often confused. Understanding the differences between the two concepts is crucial for those who are administering an estate or creating an estate plan. Ademption in Texas Probate Law Ademption refers to the situation where a specific gift in a will or…
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Disputing Inheritance Rights: A Case Study in Texas Probate Law
This is a case study based on the facts of of the actual case, Rogers v. Carter, 385 S.W.2.d 563 (1964), if it were decided today. In this regard, it is a hypothetical legal analysis and not an analysis of the court’s actual holding. Introduction In this case, the dispute is over the rights to…
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Recovering Taxes Paid for Another Party
If you pay tax for another party, can you recover the payment if the tax is not owed? The answer is generally “no,” as you cannot sue the Federal government unless it consents and it only consents in limited circumstances. One such consent is the ability to sue for a refund. The rules that allow……
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Illegal Sales and Possession of Property in Texas Probate: A Real-Life Example
Probate is the legal process of distributing a deceased person’s assets to their beneficiaries. It can be a confusing and stressful time for beneficiaries, especially if the executor of the estate is not communicating or acting in their best interest. This blog post will explore a case study of a beneficiary seeking assets from their…
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Unprobated IRAs: A Texas Probate Law Case Study
When a loved one passes away, it can be a difficult and overwhelming time for surviving family members. One of the tasks that often needs to be addressed is the distribution of the decedent’s assets. In Texas, if a person dies with a will, the will must be probated in order for the assets to…
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Texas Probate Law for Single Mothers
Losing a parent is never easy, but when you are a single mother, the stress and responsibilities can seem overwhelming. If you find yourself in this situation and you are living in your parents’ home, it is essential to understand the probate process and how it may affect you. In this blog post, we will…
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A Case Study on Contesting a Will in Texas
Probate law can be complex and confusing, especially when it comes to issues of inheritance and validity of wills. This case study focuses on a specific situation in Texas probate law, where an individual believes that a will filed after his grandfather’s death is invalid and that the grandfather’s real siblings should be entitled to…