After the death of a loved one, the last thing you want to deal with is legal paperwork and court battles. But if you feel like you have been wrongfully left out of a will, or if you think the will is not valid, you may have no choice but to contest it. The process…
TX-LW Blogs
What Do I Do with a Loved One’s Body Prior to Probate?
One of the most pressing concerns when someone dies, prior to the probate process, is figuring out what to do with the body or remains and making the necessary arrangements for the body or remains. Human remains can be donated, buried, cremated, or entombed. It is necessary to determine whether the deceased is an organ…
Late-Filed Tax Returns & Excess Collections
Life happens. We all experience it. There are times when life events can result in tax returns being filed late. Our tax laws offer little in way of leniency when this happens. The IRS will assess late filing penalties. Worse yet, amounts that were already timely paid to the IRS may not be refunded to……
How to Admit a Will to Probate to Prove Muniment of Title
In Texas, there are two ways to admit a will to probate: muniment of title and regular probate. Muniment of title is the simpler of the two procedures and is typically used when the deceased person’s estate is small or when there is no dispute over the will. Muniment of Title is the process of…
S Corporation: Distribution of Appreciated Assets
Those who set up S corporations usually do so as their accountant told them that it could save taxes. This is often true. The S corporation can result in tax savings. This may include the standard reduction in self-employment/payroll taxes or, for more advanced tax planning, income taxes. The ability to freeze the value of……
What Presumptions Do Probate Courts Make Regarding Language in a Will?
In Texas, as in other states, a testator – the person who made the will – must be of “sound mind” to make a valid will. This means that the testator must understand that he or she is making a will, knows the natural objects of his or her bounty, and understand the disposition he…
Producing Tax Records on the Day of Trial
If you are litigating a case with the IRS in the U.S. Tax Court, can you fail to produce records and then show up with them for the first time on the day of trial? The answer to this question is a clear “no” in most courts as this type of conduct is unfair to……
What are 3 ways testators can bequest something in their Texas Will?
When you create a will, you have the opportunity to specify how your belongings will be distributed after you pass away. This is called a bequest. In Texas, there are three ways to make a bequest in your will: specific, demonstrative, or by residuary. Specific bequests are when you leave a specific item to someone…
Pay IRS Estimated Tax Prior to Filing Bankruptcy
Taxes incurred just prior to filing bankruptcy are not dischargeable in bankruptcy. The debtor will have to pay these taxes or work out a collection alternative with the IRS for these taxes. This raises the question as to whether a debtor can basically pay the IRS estimated payments to satisfy their income taxes for the……