Category Archives: Probate

“Oklahoma Tax Help” – The Tax Expert You Want When It Goes From the Frying Pan Into the Fire.

31 Thursday Mar 2016

Posted by in Innocent Spouse, Internal Revenue Service, Offer In Compromise, Probate, Probate and Trusts, Real Estate and Property Law, Tax Law, Tax Resolution

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Oklahoma Tax Help, Shawn J. Roberts Blog

http://www.shawnjroberts.com/are-you-ready-for-a-new-kind-of-tax-problem-help-oklahoma-tax-help-is-here/

Shawn J. Roberts and Dale B. Cazes are co-founders of Cazes Roberts, PLLC, in Oklahoma City. Resolving really sticky tax problems is one of their specialties. How do I know? I work there.

There are many reasons why people find themselves in a horrible tax dilemma. Maybe a husband or wife fails to pay the couple’s taxes, and keeps the spouse in the dark. A self-employed worker repeatedly fails to pay self-employment taxes, and finds that the IRS penalties and interest have made his tax debt astronomical.  

What if dad dies suddenly, and his surviving children find out that dad had not paid personal or business taxes for years? There is a big, fat tax lien on the property and the father’s estate. Suddenly, the surviving family is left wondering whether the tax debt will eat up their inheritance.  

Sometimes, running afoul with the IRS or the Oklahoma Tax Commission is not in your control. Regardless, if you are in this stressful situation, you can become desperate looking for someone who says he or she can help. Look hard before you leap. -CCE

Oklahoma Tax Help fights for individuals and companies to get relief from IRS or Oklahoma Tax Commission (“OTC”) tax problems. The IRS is the most powerful collection agency in the world and when it focuses its resources on an individual or company, the pressure is excruciating (so too with the OTC).  For example, an individual’s state-issued professional license (e.g., doctor, nurse, attorney, engineer or anyone else who has a state-issued license) or a company’s sales tax permit, can be suspended for failure to pay taxes.

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Oklahoma Tax Help was spawned by hearing from people who responded to the onslaught of television and radio advertising from tax resolution firms offering tax debt help, who found out those resolution firms charge astronomical rates and demand the entire cost up front. [P]eople found out those firms often take your case and take your money without getting enough information to determine whether they can realistically help you.

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When You Need a Living Trust and When You Don’t.

28 Sunday Feb 2016

Posted by in Estate Planning, Probate, Probate and Trusts, Trusts, Wills

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Seniors Being Tricked By Aggressive Sales Tactics For Living Trusts, by Gerry W. Beyer, Wills, Trusts & Estates Prof Blog

http://bit.ly/1RxPoCF

Living trusts are excellent vehicles to avoid probate for those with assets enough that the cost of avoidance outweighs the cost of creating the trust. But for many, living trust are not appropriate since they have little in the way of transferable assets that would make the setup cost worthwhile . . . .

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Attorney Disbarred For Mishandling Administration of Mother’s Estate.

06 Saturday Dec 2014

Posted by in Ethics Opinions, Legal Ethics, Malpractice, Probate, Probate and Trusts, Rules of Professional Responsibility, Trusts, Wills

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Brother Can You Spare A Disbarment? by Mike Frisch, Legal Profession Prof Blog

http://tinyurl.com/m8bcrmw

The Washington State Supreme Court has disbarred an attorney for misconduct in connection with the administration of his mother’s estate.

The attorney was appointed as personal representative on his mother’s death in 1995. He lived with her at the time of her death and had his law office in her home.

The estate was to be equally divided between him and his three brothers.

The court affirmed findings that the attorney had engaged in frivolous motions and appeals, ignored discovery obligations and mis-valued estate assets.

In this case, the hearing officer reasonably concluded from the evidence presented at the hearing that Jones filed frivolous motions and appeals that harmed his brothers and the administration of justice. Jones filed numerous motions and appeals in the trial court, the Court of Appeals, and this court. Each motion was denied, and sanctions were awarded against Jones. Because Jones received sanctions, the hearing officer reasonably concluded that Jones was put on notice of the frivolous nature of his motions before refiling and appealing them. Like in Sanai, the hearing officer did not rely solely on a particular judicial ruling, but rather used judicial decisions as evidence that Jones filed repetitive frivolous motions that resulted in sanctions. The hearing officer’s conclusions were additionally supported by the testimony of six witnesses, resulting in over 1,500 pages of transcripts, as well as nearly 200 exhibits.

The court found seven aggravating factors including refusal to acknowledge the ethical violations

Jones argues that the record does not support refusal to acknowledge because he is not required to agree with the charges made or to confess. However, the aggravating factor of refusal to acknowledge the wrongful nature of conduct was correctly applied. Jones continued to file motions, lawsuits, and appeals even after being sanctioned numerous times for the frivolous nature of such filings. By receiving sanctions, Jones was aware of his RPC violations but persisted with his conduct.