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Why would my assets have to go through probate if I have a Will?

By Amy P. Slaman Probate is necessary when assets are titled in the deceased person’s name and the asset is one that does not automatically transfer on death through a beneficiary or pay-on-death designation. Many people think having a Last Will & Testament (or a “Will”) means probate court will [...]

By | 2019-05-23T12:57:13+00:00 May 23rd, 2019|

TIMING OF APPEAL FOR CORRECTED, AMENDED, OR MODIFIED ORDERS

By Terrie Didier, Esq. In general, parties have 30 days from the date an adverse decision is rendered (date of filing, not signing or recording) to appeal from final orders.  But the time in which to seek appellate review of a corrected, amended, or modified order is not always simple. [...]

By | 2019-05-06T14:50:49+00:00 May 6th, 2019|

ANSWERS TO HOMEOWNER’S INSURANCE FREQUENTLY ASKED QUESTIONS

by Terrie Didier, Esq. 2/26/2019 QUESTION: What are my rights if an insurer refuses to provide me residential property insurance due to adverse underwriting information? ANSWER: By statute, the insurer must provide the applicant specific information regarding the reasons for the refusal to insure. If the reason for the refusal [...]

By | 2019-03-01T14:32:57+00:00 March 1st, 2019|

Case: Tax Court Properly Upheld Levies Against Unresponsive Taxpayer

The Fifth Circuit Court of Appeals recently held that the Tax Court’s ruling upholding an IRS Appeals Board decision to deny a face-to-face hearing before enforcing levies against a taxpayer was not an abuse of the Tax Court’s discretion. In Muir v. Commissioner, No. 18-60336 (5th Cir. Feb 15, 2019), [...]

By | 2020-01-23T16:02:05+00:00 February 26th, 2019|

529 Plans

  The Tax Cuts and Jobs Act (“TCJA”), made changes to Internal Revenue Code Section 529. Section 529 created so called “529 Plans” or “qualified tuition plans” for taxpayers to shield growth in college savings from further income taxes. However, the old Section 529 did not allow for private elementary [...]

By | 2020-01-23T16:02:29+00:00 January 4th, 2019|

Profits Interest and Section 1061 – Three Year Holding Period Requirement for Long-Term Capital Gain Treatment

Under the Tax Cuts and Jobs Act (“TCJA”), a taxpayer holding an “applicable partnership interest” is required to recalculate any net long-term capital gain realized “with respect to” the “applicable partnership interest” by applying a three-year holding period (instead of the standard one-year holding period). Internal Revenue Code (“IRC”) § [...]

By | 2020-01-23T16:03:13+00:00 October 25th, 2018|