After months of negotiating, Congress and the President finally reached an agreement regarding income taxes and Federal spending. The new laws are contained in a bill known as the “American Taxpayer Relief Act of 2012” (the “2012 Tax Act”). The 2012 Tax Act also addressed estate, gift, and generation skipping transfer taxes, and those changes [...]
Read More »529 Accounts: What Every Parent Should Know
You have a number of options when it comes to saving for college. There are Uniform Transfers to Minors Accounts, education IRAs, and prepaid tuition plans, just to name a few. All the options have their advantages, but have you considered a 529 account? A 529 account combines great features to make a fairly good [...]
Read More »Texas Order of Non-Disclosure
Did you receive a POM at age 19? A DWI at age 21? Or is there some other small smudge on your criminal background record? If you have been successful on deferred adjudication probation, you may be able to control access to your criminal record through an Order for Non-Disclosure. Once sealed, you may legally [...]
Read More »Texas “Loser Pays” Bill
On May 25, 2011, the Texas Legislature passed H.B. No. 274 (a.k.a. “Loser Pays” Bill). The law went into effect on September 1, 2011, and applies to civil suits filed after that date. Despite its name, the “loser” of a suit only pays if it “loses” at an early stage of the litigation process. Specifically, [...]
Read More »Should I give out copies of my Will?
For some people, their estate planning documents are as private as their income tax returns, and nobody is ever given copies. For other people, estate planning documents are no different than a spare key to the house, and every family member and executor and/or trustee named in the documents is given a copy. If you [...]
Read More »Need-to-Know Tax Info: Gifts and Estates
The gift tax is a tax on the transfer of property by one individual to another while receiving nothing, or less than full value, in return. The tax applies whether the donor intends the transfer to be a gift or not. The estate tax is a tax on your right to transfer property at your [...]
Read More »Where should I store my estate planning documents? One option might surprise you!
Many clients ask, “Where is the best place to keep original estate planning documents?” The best place is probably in a safe deposit box because it will protect the documents from theft, fire, accidental loss, and most other types of damage or harm. A potential problem, though, is getting it opened after your death. If [...]
Read More »Section 18.001 Affidavits After Haygood v. De Escabedo
Section 41.0105 of the Texas Civil Practice and Remedies Code provides that recovery of medical expenses is limited to amounts “actually paid or incurred . . . .” Tex. Civ. Prac. & Rem. Code Ann. § 41.0105 (Vernon 2008). Plaintiffs’ attorneys argued this meant that plaintiffs are entitled to recover all amounts paid and all [...]
Read More »Attention Young Families: Avoid the Guardianship
There’s no question that estate planning for young families is a must. Not only does proper estate planning determine who will care for your minor children, it avoids a costly guardianship. What is a guardianship? When parents leave behind minor children without a will or other proper estate planning, the Court must intervene and create [...]
Read More »What To Do If Pulled Over for DWI in Texas
This past Fourth of July weekend, APD made approximately sixty DWI arrests. If you find yourself being pulled over on suspicion of DWI, here’s what to do: Smile, you’re on camera! This begins before the officer turns on his overhead lights, and it continues until you are at the police station. If you are within [...]
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