If the IRS has a superior lien on real estate, it should enforce its lien and apply the sales proceeds to reduce the taxpayer’s unpaid taxes. But what if there is a junior lien that acquires the real estate first? Can the IRS work out a deal with the junior lien holder and divert a……
TX-LW Blogs
Managing IRS Debts With Retirement Account Assets
Retirement accounts can present a number of challenges when trying to resolve an IRS debt. The IRS considers a retirement account as an asset in its collection analysis. The recent Scanlon v. Commissioner, T.C. Memo. 2018-51, court case provides an opportunity to consider the impact of retirement assets on IRS collection matters. The Facts &……
Executor Not Required to Post Bond Absent Complaint
Texas law allows for an informal probate process. This gives the executor a considerable amount of leeway to administer the probate estate. But as highlighted in the recent In Re Cassar, No. 14-17-00825-CV (Ct. App.–Houston 2018) case, there are instances when the probate court will order the executor to post a bond to ensure that…
Texas Probate Attorney Ad Litem Fee is Not Negotiable
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…
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…