Many taxpayers get behind in paying the IRS as a result of IRS audits. Others have tax balances as they are self-employed or contractors and they simply do not make estimated payments. There are others who owe tax as they instruct their employers to withhold too little income tax from their paychecks. The IRS has…Continue…Continue readingIncreased Tax Withholding & the IRS’s Lock-in Letter
It is common to see family members reach an informal agreement as to how to handle the estate when a family member dies. These informal agreements often lead to disputes and end up in probate litigation. This is especially true when it comes to real estate. Family members may put off dealing with real estate.…Continue…Continue readingUsing an Affidavit of Heirship as Evidence of Ownership of Real Estate
The IRS has a limited period of time to conduct audits. It often fails to finish the audit within this period of time. There are even instances where the IRS does not even start the audit until after this time period has passed. This raises tough questions for taxpayers. Taxpayers expect some finality with their…Continue…Continue readingAdequate Dislcosure to Avoid Six Year IRS Statute
Will contests often focus on questions about whether the person who executed the will had the mental capacity required to execute the will. These post-death legal disputes can be particularly contentious. They delve into the life circumstances and affairs of the deceased. Facts matter in these cases. This raises questions as to what facts matter?…Continue…Continue readingWhich Facts Have to be Established to Prove a Lack of Testamentary Capacity?
We all have financial ups and downs in life. Some of these ups and downs are due to circumstances beyond our control. Be it good luck, bad luck or something else. Many of these circumstances are not foreseeable. There are also circumstances that are due to our own making. Be it poor financial decisions or…Continue…Continue readingPoor Financial Decisions an Unforeseen Circumstance?
What if a loved one executes a will based on a faulty assumption? What if you can prove theerror? For example, what if a loved one fails to include a family member in their will becausethey mistakenly believe that family member is already provided for outside of the will? Can theomitted family member inherit under…Continue…Continue readingCan a Probate Court Change a Will that Includes a Mistake?
Texas has a formal probate and guardianship process. This process typically involves filing numerous legal papers with the clerk. It includes applications, various motions, and, eventually, inventories. These legal papers can include incorrect information. This includes information that is wrong due to errors. It can also include intentionally omitted or inaccurate information. This can be…Continue…Continue readingDealing With an Incorrect Inventory in a Probate Case
What do you do if you lost the original copy of a Will or you cannot find the original? What if you can find a copy of the Will? Can you probate a copy of the Will? If you can probate a copy of the Will, how do you go about probating a copy of…Continue…Continue readingWhat Do You Do if You Lost the Original Copy of a Will?
An IRS audit or notice comes with a cost for the taxpayer who receives it. The cost can include additional tax, interest, and even penalties. Even if the taxpayer did everything correctly, the IRS audit or notice still comes with a cost. The cost can include the time and effort the taxpayer has to expend…Continue…Continue readingGetting the IRS to Pay for Your Tax Attorney
New business ventures will typically incur losses in the first year or years. These losses can sometimes be used to offset the business owner’s other income. In a way, this tax loss offset and the tax savings is akin to an interest-free loan from the Federal government. Congress has imposed some limitations on this type…Continue…Continue readingTax Planning for Start-Up Costs