On February 19, 2005, the United States Tax Court decided the case of Eileen S. Belmont v. Commissioner. Eileen Belmont’s Will gave the residue of her estate to the Columbus Jewish Foundation. The executor elected to deduct that on the Estate’s income tax return, claiming that $219,580 would go to the Foundation. But litigation ensued…
Category: Probate
Severe Liability Imposed on Agent When Not Using Power of Attorney – Action Needed
Severe Liability Imposed on Agent When Not Using Power of Attorney – Action Needed On January 30, 2015, the Tyler Court of Appeals handed down its decision in Jordan v. Lyles, and held that Cynthia “Cyndi” Lyles, the agent named by her step-father, Bud Jordan, in a power of attorney, was liable to return to…
Incompetent Attorney Not Enough to Avoid Penalties
In the case of Specht v. United States, executors of a decedent’s estate sued to get a refund of late-filing penalties. The US District Court found that malpractice by the estate’ attorney, who was later declared incompetent, did not provide reasonable cause for the late filing of the federal estate tax return. Basically, the Court…
Beneficiary Can File Later Will After Accepting Earlier Will’s Benefits
Billye died on October 16, 2011. Her 1985 will was admitted to probate, which divided her estate equally between Beverly and Barry. Her home was conveyed to Barry under that will. Later, Barry filed an October 2010 will (which gave almost all of the estate to him) for probate and sought to have the 1985…
Probate Court Sticks Estate with Legal Fees
In a case arising out of Dallas County, an executor sued to regain possession of property held by another person, spending $27,000 before being successful. Sadly, the executor was denied a request that the court impose those attorneys’ fees on the person who wrongfully withheld the assets from the estate. The court said that there…