Legal Question in Wills and Trusts in Texas

Income tax files for probate discovery

Can a probate judge demand five years of income tax files for Pre or Post judgement interrogatories and

can you be jailed for refusal?


Asked on 3/28/07, 11:28 pm

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Re: Income tax files for probate discovery

Generally it is the other side that poses the interrogatories, not the judge. If you do not answer, the other side can file a motion to compel. In civil actions the penalty for failing to answer would usually be sanctions, such as a fines or a judgement against you.

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Answered on 3/28/07, 11:47 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Income tax files for probate discovery

It is best to comply with the judge's orders. You could be held in contempt if you don't.

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Answered on 4/02/07, 5:34 pm


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