Texas Probate Attorney Ad Litem Fee is Not Negotiable Probate courts in Texas appoint attorneys to represent the unknown heirs. The attorneys fee is paid out of the probate assets. In Estate of Erwin, No. 07-16-00130-CV (Tex. App.–Amarillo 2018), the court addressed whether the beneficiaries and the attorney ad litem can negotiate or agree on…
TX-LW Blogs
Texas Courts Strictly Construe Language in Wills
Texas Courts Strictly Construe Language in Wills The courts will generally enforce the terms of a valid will. The focus is on the language of the will, not external evidence that suggests a different meaning for the language included in the will. A good example of this can be found in Estate of Neal, No. 02-16-00381-CV…
Obtaining Clear Title When Will Not Probated
Obtaining Clear Title When Will Not Probated How do you get clear title to real estate when the owner died with a will, but the will was never admitted to probate? The court addressed this in Ramirez v. Galvan, No. 03-17-00101-CV (Tex. App.–Austin 2018). Facts and Procedural History Mrs. Ramirez was diagnosed with terminal cancer.…
About the IRS Certificate of Discharge
The IRS’s lien for unpaid taxes attaches to all property owned by the individual. This can prevent the individual from selling or transferring their property or refinancing the property. There are several potential remedies that can help in this situation. One of these remedies is the IRS certificate of discharge. The IRS Certificate of Discharge……
Can the IRS Collect from a Single-Member LLC?
When trying to settle a tax debt with the IRS or manage the collection process, there are often questions as to whether the IRS can collect from a legal entity owned by the taxpayer. This often comes up in the context of a limited liability company that has one owner. You may be surprised to……
Damages Suit Against Executor Must be in Probate Court
In In re Perkins, 10-17-00311-CV (Tex. App.—Waco 2017), the appeals court considered whether an estate beneficiary can bring suit in district court for damages against an executor while the probate administration is pending in the county court. Facts & Procedural History The facts and procedural history are as follows: The case involved a probate dispute…
A Closer Look at Innocent Spouse Relief
Innocent spouse relief allows one spouse or ex-spouse to be relieved of liability for an income tax incurred during the marriage. This relief can provide a much-needed lifeline to taxpayers who are divorced or contemplating divorce. Injured Spouse Relief is not Innocent Spouse Relief Before considering the innocent spouse rules, it is helpful to consider……
Lady Bird Deeds in Texas: An Often Overlooked Opportunity
In the states that allow them, such as Texas, Lady bird deeds are a relatively simple and useful tool that should be used more often. The In re Estate of Maggie Williams Turner, No. 06-17-00071-CV (Tex. App.–Texarkana 2017), case provides an opportunity to consider the benefits of these types of deeds. Facts and Procedural History…
Congress Provides Significant Relief for Back Taxes
There are winners and losers when it comes to the recent tax changes proposed by Congress. As it turns out, those who owe back taxes to the IRS may be in the winner category. The proposed changes will significantly increase the amount of income that is beyond the IRS’s reach. If the legislation is passed……