There are a number of tax breaks afforded to those in the military. This includes collection holds on unpaid taxes owed by members of the military to laws that exempt certain income from tax altogether. The exemption from paying tax on military pay for injuries is an example. The recent Valentine v. Commissioner, T.C. Memo.……
TX-LW Blogs
Relief on Irrevocable Trust from Harris County Probate Court Affirmed
An irrevocable trust is a legal arrangement where the creator (settlor) of the trust transfers assets to another person or entity (trustee), while retaining the right to receive income generated by the trust and/or take possession of the trust property at a later date. If you are considering setting up an irrevocable trust, here’s a…
Legal Guardian Wins $8.3M in Texas Medical Malpractice Suit
A jury at the Tarrant County Probate Court 2 returned a verdict of $8.3 million in favor of a medical malpractice lawsuit earlier this month. Texas Harris Health Methodist Hospital Southwest Fort Worth will have to pay at least a part of that amount to the family of Angela Davis, a former parole office who…
Probate When Heirs Live Outside the United States
Probate is the legal process by which a will, trust, or life insurance policy is administered and assets are distributed. The process is often complicated, especially when a person has assets located outside the U.S. where laws for probate administration may be different than those of Texas. If you are an heir of someone who…
What to Do If a Probate Lawyer Presents Excluded Evidence to a Jury
A jury is a sworn body of citizens convened to render an impartial verdict (i.e. decision) based on the evidence presented before it. A jury has both the power to acquit (not guilty) on a charge, and also to convict (guilty). In civil cases, the equivalent is to find the defendant liable or not liable.…
Common Law Mailbox Rule Fails (Again)
In legal disputes, there are times when parties make representations that are not true. That includes the IRS and its auditors and attorneys. If the taxpayer is lucky, they will have direct evidence that shows that the representation is false. There are situations where the law does not allow that evidence to be considered. There……
How Do You Effect Proper Process Service in Probate Court?
If you are involved in a lawsuit, you need to know how to properly serve the lawsuit papers on the person you are suing. Learn how to properly serve process of court documents. If you have a claim against a person or company, you need to serve process on that person or company and provide…
Retired Pilot Taxed on Flights Employer Provided to Relatives
A fringe benefit is a perk provided to an employee. These benefits can make many forms. It may include a company car, company meals, or even insurance. These benefits may or may not be taxable for the employee. The Mihalik v. Commissioner, T.C. Memo. 2022-36, case provides an opportunity to consider these rules. The Mihalik……
Can You Prove Title After Probate Statute of Limitations Has Expired?
Legal Terminology Texas Estates Code, Statute of Limitations (SOL): No will shall be admitted to probate after the lapse of four years from the death of the testator unless there is a showing of proof that the party was not in default and no testamentary letters are issued where a will is admitted after the…