As probate attorneys, we see a lot of wills that just don’t cut it. We see everything from wills that fail to name executors, that fail to mention anything about death or dying, that fail to have witness signatures, etc. While we get that folks like to save a few dollars and skip the estate…
TX-LW Blogs
When are Court’s Orders in Guardianship Cases Appealable in Texas?
Say you find yourself in need of a guardianship attorney. You end up litigating an issue related to the guardianship. The court rules against you on some aspect of the case, and enters an order saying so. What rights do you have? Can you immediately appeal the order or do you have to wait until…
When Does a Tax Return Mistake Become a Crime?
The IRS has limited resources. This is true of its human capital and its technology resources. Even with significantly more resources, the IRS would still not be able to verify every entry on every return. There are just too many taxpayers, too many types of returns, and too many calculations and entries on the tax……
Estate Planning Attorney Personally Liable for Client’s Unpaid Taxes?
Estate planning and business attorneys often serve dual roles for their clients. Beyond providing legal advice, they might accept positions as registered agent, corporate secretary, or director of a client’s holding company. The arrangements can streamline matters and be a more efficient way to handle transactions. The attorney maintains control over corporate records, handles filings,……
Can an Appointed Guardianship File for Divorce for the Ward?
When an elderly person develops dementia or another condition that renders them mentally incapacitated, family members often step in as guardians to manage their affairs. The guardian pays bills, manages property, and makes healthcare decisions. But what happens when the incapacitated person is married, and family members believe the marriage should end? Can a guardian…
Does Partial Victory in Probate Litigation Guarantee Attorney Fee Recovery?
Family disputes over estates often involve multiple fronts of litigation. A will contest might accompany challenges to beneficiary designations. Claims of undue influence might target both probate and non-probate assets. When the dust settles and the jury delivers a mixed verdict, upholding the will but invalidating an IRA designation, who pays the legal bills? This…
What “Authority” for Accountant Nullifies the Disability Exception for Tax Refunds?
Deadlines are a central feature of our tax system. We have written about many of these various deadlines on this website. From deadlines for filing returns, deadlines for various tax elections, to deadlines for filing appeals from audits, to deadlines for filing collection actions, deadlines for appeling IRS audits, and even tax court and other……
Can Federal Courts Resolve POD Account Disputes Despite the Probate Exception?
Payable-on-death (“POD”) accounts pass directly to named beneficiaries upon death through the contract with the financial institution. Probate court would seem the natural fit when disputes arise over who validly changed those designations. When someone dies, leaving bank accounts behind, family members typically expect the probate court to oversee the distribution of the funds. But…
Undue Influence Claims Texas Probates for Late-Life Remarriage and Relationships
Last minute estate plan changes often result in disputes. These disputes often involve situations where a elderly and newly widowed parent remarries or finds a new romantic partner quickly after their spouse’s death. There are often questions by the adult children about whether the new spouse or partner gained influence over the parents’ finances, particularly…