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