Dependent Probate Administration Before filing the probate application, one has to make a choice between dependent or independent probate administration. The term “dependent administration” refers to the probate being administered by the personal representative with direct supervision by the court. As explained below, dependent administration is an extremely restrictive method for administering an estate. This…
TX-LW Blogs
Can My Ex-Spouse Get My Inheritance?
If you’re not on good terms with your ex, you might not want to hear this – but in some cases, they could actually inherit your money or property if you die without a will. It’s important to know the laws in your state so that you can plan accordingly – read on for more…
IRS Offer In Compromise: The Deemed Acceptance Rules
The IRS has missed just about every deadline in the past few years. Most of the IRS’s employees have basically been on paid vacation for the past few years. When Covid-19 first emerged, IRS employees were sent home. They were paid not to work. While private-sector employees scrambled to find ways to work, many IRS……
Non-Production of a Will & Termination of a Trust
What happens when a person’s original will cannot be found and therefore proved in court? What constitutes non-production of a will? When will a trust be terminated? All of these questions are answered in the case In re Estate of Catlin. Probate Case In re Estate of Catlin, 311 S.W.3d 697 (Tex. App. 2010). Facts…
Are Documents Connected to Prior Claims Admissible in Court?
The answer to this question depends on the jurisdiction in which the case is being tried. Some jurisdictions allow for the admission of such documents, while others do not. In general, however, the answer is yes, documents connected to prior claims are admissible in court if they have a sufficient connection to the matter at…
Claims Against a Deceased Person’s Estate
If you have a claim against the estate of a deceased person—for example, for unpaid wages or breach of contract or other claim against the estate—you may be wondering what to do. The process for making a claim against an estate depends on whether the estate is being administered through probate or not. The case…
Can a New Will Revoke a Will That’s Already Probated?
When a will is probated it is declared as valid and the executor is given permission by a court to distribute assets according to the provisions of the document. What happens when a will made later in time that revokes the previously probated will is sent to a court for probate? Estate of Morris explains…
What’s the difference between Tangible and Intangible Assets in Probate?
With a will, you can divide both your tangible as well as your intangible assets. Whether an item belongs in the estate or not depends on what type of asset it is. It’s very important to make this distinction between tangible and intangible assets, otherwise the distribution of an item of significant value could be…
Website Development Tax Deductions & the Start-Up Rules
There are several tax laws that have to be considered to determine when and how costs to develop websites are deductible. These expenses are almost always deductible. These tax laws raise timing questions. It’s a matter of when the expenses are deductible. For those who are developing website businesses as side-hustles, the issue takes on……