Category Archives: Attorney

Persuasive Aspects Of A Tax Attorney

In recent times, tax audits have become an uncomfortable and even frightening experience for many Americans. From individuals to small business owners a tax audit represents an action that most would rather not experience. It is important to acknowledge that many tax issues are easily resolved with the help of a tax attorney. In general, a tax attorney is a lawyer who specializes in the vast and oftentimes technical field of tax law. In essence, a tax attorney exclusively specializes in working with taxpayers to solve their IRS or state revenue issues. The best and well-trained tax lawyers can facilitate an easy and relaxing tax audit process. They are also able to guide the taxpayer through the minefield of self-employment and small business tax problems.

Large majorities of small business owners deem their tax attorney to be a vital and integral part of their daily operation, and may have the tax attorney serve in the role of an accountant. In a broader sense, the tax lawyer can be considered a different type of financial advisor who will help the taxpayer deal with potential tax issues, even before they cause financial distress.

In general, the US tax law can be likened to a structured labyrinth, which changes its laws and policies almost every year. This is the very reason why the IRS tax attorney has become a vital and crucial component of any successful organization. A talented and reputable tax lawyer will keep up with the latest law changes and will be able to provide accurate advice to his clients. This type of advisement can facilitate a smooth and proper process for setting up trust funds, stock portfolios, and minimizing the risk level for any type of unforeseen tax issues.

The role of a tax attorney can be extremely important in a range of different situations. Take for example a taxable estate. When the organization’s owner needs to file an estate tax return or to develop an estate planning strategy, a tax attorney can help. Another example would be when someone is starting a new business and has the need for accurate counseling regarding its tax and structure, a tax attorney can be invaluable. Additional reasons for consulting or hiring a tax attorney would be engaging in an international level business, reviewing contracts, bringing suit against the IRS, or if a taxpayer is under criminal investigation for committing tax fraud, a IRS tax attorney could provide the protection of privilege.

Apart from the reasons to hire a tax attorney, it should be noted that a great deal of education and training is required in order to practice in the field of tax law. One must first acquire their Juris Doctor J.D.) degree and be admitted to a state bar. In addition to these minimal requirements, a tax attorney should also have advanced tax law training. To compliment this type of educational background, a large majority of tax attorneys will also have a masters of law credential (L.L.M). Together with experience and education, a tax attorney is a great ally to have when experiencing an IRS tax audit.

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Austin Divorce Attorney-Divorce Attorney in Austin TX-Austin TX Divorce Lawyer

Don’t Make Serious Blunders: Five Common Divorce Mistakes Couples Often Make In The Process

When you’re getting divorced, you must understand that neither party is walking away a winner. One job your Austin divorce attorney must contend with is getting you the best outcome considering the situation. To increase your chances of a good outcome in your divorce proceeding, there are five common mistakes you must avoid.

Five Common Mistakes People Tend To Make During Divorce Proceedings

1 – They Ignore Their Attorney’s Advice

If you’re going to ignore your attorney’s advice, why did you hire one in the first place? Many times clients end up sabotaging themselves by ignoring the advice their attorney gave them. It’s the biggest common mistake people who use an attorney make. If you’re going to employ the help of an Austin divorce attorney, you’re going to be paying him/her for their experience and professional training. Ignore what your family and friends are saying and listen to your attorney instead.

Bear in mind that your attorney is going to know more about the law and how it’s going to help or hinder your case. He/she knows the legal system and how it works. The attorney will finagle their way through the system to find how it settles best with you. The top Austin divorce attorneys will never use the same strategy for all divorce cases they are handling. Instead, they’ll look at every individual case and design a tactic based on facts, goals and needs of their client.

2 – No Preparation

Remember that a divorce is a process that must not be made rashly. If you think your marriage is heading in the direction of divorce, then you need to gather up the necessary documents including bank statements and real estate deed and vehicle titles. If you’ve been abused in the marriage and have documentation of that abuse, bring all of it with you to the attorney’s office. If you suspect cheating, bring the evidence that you have. If you’ve already done the grunt work, you’ll save money in the long run.

3 – Let Your Emotions Control You

Talk with any Austin divorce attorney and they’ll tell you the same thing: a divorce that has no emotional connection is a much easier case. When the client is emotional, it can hinder them from making good decisions. The emotional client’s goals are typically to prove fault and get revenge. This often makes settlement negotiations impossible.

4 – Thinking Your Attorney Is Also Your Therapist

When you employ the help of an attorney, it’s important to remember that the person is not your therapist. Many people think that their attorney will give them advice in personal matters. However, the attorney is going to listen to what you say and come up with a legal strategy that will help you achieve your goals. The majority of attorneys are not trained to handle the psychology aspect of their clients’ needs. You may need to vent to your attorney but if he/she’s charging you by hour, then your legal tab is getting up into the thousands of dollars.

5 – Not Getting Financial Advice

Many people fail to look at the financial repercussions that come from getting divorced. After all, a divorce can have some serious immediate and tax implications attached to it. If one spouse is left to deal with most of the debt, this could put him/her into financial ruin and bankruptcy. It’s best to seek the advice of a financial planner or CPA before you take the steps of getting divorced.

While there are many other mistakes made by divorcing couples, these are the most common. If you want to get a better appreciative of how to plan your divorce and avoid all these mistakes, talk with a knowledgeable Austin divorce attorney today.

Finding the Right Divorce Attorney

Fifty percent of all marriages in the United States end in divorce. That’s not a great statistic, but it’s true. Although divorces may be emotionally combative, most divorces do not end up in a contested trial. With a divorce attorney’s help, parties can negotiate settlements for things such as spousal support, child custody, division of property and so on. Finding the best divorce attorney for your particular case is not an easy task. As you can imagine many divorce lawyers will take your case but they have no vested interest in the final outcome. That’s why your own due diligence is so important when it comes to finding and hiring the right divorce attorney.

Divorce laws are different from state to state so you need to find a divorce lawyer in your local area to best handle your divorce case. You may know of a great lawyer in California that one of your friends or relatives used but if you live in Massachusetts, that won’t do you much good. There are many things you need to consider when choosing a divorce attorney and I’ve tried to outline what I consider to be the most important factors.

Since divorce is not an uncommon occurrence today, chances are you know someone who has already gone through a divorce. So word of mouth from family members, friends and coworkers would be one of the best ways to narrow the field down.

If you have time, you could visit your local courthouse and witness different attorneys handling their clients divorce cases. As I mentioned earlier, most divorces do not end up in trial, but if yours does, you would certainly want the best divorce attorney to handle your divorce case.

Research the attorney you’re considering with the state listing of trials and motions. Since this person will be representing you, make sure everything checks out before you make your decision.

Don’t limit your search to one divorce attorney. Interview many. Find the person you’re most comfortable with and understands what you’re looking for. Ask what kind of divorce attorney they are. Are you and your spouse looking for a settlement, or do you think your case will go to trial? If it will go to trial, you want a divorce lawyer with lots of trial experience.

You could also find out who is on the board of matrimonial lawyers in your local state and the better lawyers are usually on it.

Always have a written agreement with your divorce attorney. Do not hire your attorney on an oral agreement only. This can lead to misunderstandings and could end up costing you more time and money than you bargained for. Make sure your fee agreement, or retainer, is in writing and you understand the terms completely.

Last but not least, get references. There’s nothing more important than references.

Needless to say, this list could go on and on, but you should have a good sense of what to look for. Every case is different so make sure the divorce attorney you choose, is familiar with cases like yours and he/she has your best interest at heart.

How Prenuptial Attorneys Can Give You And Your Fiance Peace Of Mind

As the busy summer wedding season approaches, its a good time to discuss with your fianc the many benefits of a prenuptial agreement. If you decide a prenup is right for you, hiring the right lawyer has many benefits. Prenuptial attorneys can give you and your fianc peace of mind. An experienced prenup attorney can draft durable prenuptial agreements so that you and your spouse can focus on the more important things in life.
Here are some of the benefits of engaging prenuptial attorneys:

An experienced prenup attorney will be familiar with the nuances of prenuptial agreement law. State law, including the Uniform Premarital Agreement Act (UPAA), is quite intricate, and a prenup may be rendered unenforceable unless such laws are carefully followed. For instance, in California a couple generally must hold their prenup seven days prior to its execution (signing) or courts will consider the agreement void. Also, various state laws mandate that if certain provisions are included in a prenup, both parties must be represented by their own attorney. The right attorney can walk you and you spouse step-by-step through the entire prenup process.

Prenuptial attorneys can provide you with an up-front price quote, alleviating the stress of unknown costs. However, its important to understand that some attorneys charge excessive hourly billing, fees and costs. Also, some services like LegalZoom, may charge various fees for the inclusion of certain provisions (such as waiving alimony). Speaking with the right prenup attorney and discussing costs up-front can alleviate these problems and leave you with peace of mind.

Many prenuptial attorneys carry insurance. A properly insured lawyer (or law firm) provides protection for your prenup and gives you peace of mind.

Attorneys can provide you and your fianc with creative solutions to meet your unique needs. For example, some couples find it beneficial to include a sunset clause in their prenup which automatically terminates the prenup on a certain date (such as after five years of marriage). Another creative solution is offering each spouse a right-of-first-refusal, so one spouse could buy the others interest in a residence and therefore not force a sale at an inopportune time (i.e., selling the primary residence in a down market). Furthermore, an experienced prenup attorney can draft your agreement creatively to mesh the goals of both you and your fianc.

In order for a prenuptial agreement to be enforceable, the courts must deem the agreement fair and reasonable. Experienced attorneys can help draft provisions and clauses which are durable and viewed as fair and reasonable by the courts. Without an attorney-drafted prenup, you significantly increase the risk of your agreement being deemed unenforceable which can result in tens of thousands of dollars in future legal fees.

To give you and your fianc peace of mind, engage an experienced prenuptial attorney to draft and negotiate your agreement.

Understanding The Power Of Attorney

Article by Nancy C. L. Stein, Esq., Staff Writer, PR4Lawyers

A durable power of attorney is an important and powerful planning tool for estate planning and should include consideration and inclusion of Medicaid and other entitlement programs. The person who assigns the right using the power of attorney is the principal. By signing a power of attorney, you are giving another person the power to act on your behalf to manage your assets and affairs. You can assign this agent virtually all powers to perform on your behalf except acts that are testamentary in nature, like the authority to make or revoke your will. New York further limits the power of attorney, requiring a separate healthcare power of attorney or healthcare proxy power to make healthcare decisions on your behalf.

The focus of the power of attorney in New York is on assigning the right and power to make financial decisions on your behalf. While it cannot be used for healthcare decisions, the durable power of attorney can enable the agent to make property management decisions that can free up funds needed for the principals medical care and treatment.

A “general” power of attorney is very broad, enabling the agent to perform almost any act you might perform with respect to the financial management of your affairs. A “limited” power of attorney allows the agent one or more specific powers, such as the power to handle the sale or rental of a particular property.

Note that you can name one or more agents to act either “jointly” (together) or “severally” (alone without the signature of the other agents).

While a power of attorney can be limited to specific acts and a set time period, a “durable” power of attorney remains in effect upon the disability or incapacity of the principal and is not be subject to time limitations. The durable power of attorney offers the benefit of enabling the agent to act immediately to manage the principal assets or to take action without the delay and cost of obtaining court authorization.

It is important to clearly and specifically draft a power of attorney to avoid any omissions or the grant of broader powers than intended.

In 2010, New York significantly revised its power of attorney law, providing a new power of attorney form called the statutory form. While the law continues to allow the use of other power of attorney forms and recognizes their legality and the validity of existing powers of attorney, it is a good idea to use the new statutory form and update your existing power of attorney. Banks, investment companies and other institutions are familiar with this form and it is widely accepted. Using it will avoid confusion and delays.