Terms in Will for Older Trusts Controlled, Property did not Pass to Newer Trusts

When a loved one passes away, their carefully crafted estate plan should provide clear direction for distributing their assets. But what happens when the beneficiaries named in a will no longer exist by the time of death? This seemingly straightforward question becomes complex when dealing with trusts that terminated decades before the testator’s passing, yet…

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When Are Attorney’s Fees From a Settlement Deductible?

The employer-employee relationship can often lead to disputes. These disputes are often settled out of court. Whether it’s a wrongful termination claim, a defamation lawsuit, or other employment-related litigation, these settlements often involve significant attorney’s fees. The taxpayer receives a settlement check, but a substantial portion goes directly to their legal counsel under a contingency……

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When Can Probate Litigation be Dismissed Under Anti-SLAPP Laws?

A mixed family and a late marriage are often ingredients for a probate dispute. This is especially true when there are signs of mental decline and the new spouse appeared and quickly became the primary beneficiary. When these red flags combine with a will that dramatically changes long-standing estate plans, surviving family members face a…

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When Can the IRS Levy Church Assets as “Nominee” Property?

Religious organizations and churches often own property and bank accounts that support their mission and operations. Sometimes, these assets are also used to benefit the organization’s leaders personally. This begs the question, can the IRS collect on the religious organization or church’s assets for the individuals tax debt? Can the IRS use the “nominee” rules……

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Probate Litigation Turns Loan Into Free Use of Loan Proceeds and Decades of Free Housing

When someone dies owing substantial debts, their passing doesn’t eliminate those obligations. Instead, the debts follow them into probate court. The creditors have to pursue collection through estate administration procedures. This is why and how probate courts handle far more than just will contests and asset distributions. They can be the final battleground for unresolved…

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Captive Insurance Tax Deductions Denied, No Risk Distribution

Insurance premiums go up and then they go up some more. The amounts can be substantial. This is particularly true for businesses that offer insurance to employees or that insure more types of risks. And many business owners note that while they pay substantial insurance premiums, the insurance companies often do not have high payouts.……

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Court Limits Equitable Tolling For Late Tax Court Petitions

We live in a fast-paced world where technology has made it possible to do more, see more, and accomplish everything else more efficiently. While some routines of life have not changed, most have been transformed by our increasingly connected environment. For better or worse, one thing that has not changed is the concept of deadlines,……

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