Frequently Asked Questions

Answers to the questions our clients ask most about working with Hyde Legal Group.

Frequently Asked Questions

Find answers to common legal questions about our services and practice areas.

We are committed to providing accessible legal services. If you have any language or communication needs, please let us know when scheduling your consultation and we will do our best to accommodate you.

Estate Planning & Business Law

What's the difference between a will and a trust? +

A will is a legal document that specifies how your assets should be distributed after you pass away, but it must go through probate (a court process). A trust allows you to transfer assets during your lifetime and avoid probate entirely. Trusts also provide privacy and can offer more control over how beneficiaries receive their inheritance.

Do I need an estate plan if I'm young? +

Yes. An estate plan isn't just about wealth distribution, it also designates guardians for your children, names a power of attorney to handle affairs if you're incapacitated, and appoints a healthcare proxy. These decisions are too important to leave to the courts, regardless of your age.

What's the best business structure for my startup? +

The best structure depends on your specific situation. An LLC offers liability protection and tax flexibility with minimal paperwork. A corporation provides strong liability protection but requires more formalities. We'll analyze your business goals, tax situation, and long-term plans to recommend the right structure.

How often should I update my estate plan? +

We recommend reviewing your estate plan every 3-5 years. You should also update it after major life events such as marriage, divorce, the birth of children or grandchildren, significant changes in assets, or changes in tax laws. An outdated plan may not reflect your wishes.

What happens if I die without a will in Texas? +

If you die without a will (called dying intestate), Texas intestacy laws determine how your estate is distributed. Generally, assets pass to spouse and children in a set order. This process is handled by the probate court, can be time-consuming and costly, and may not align with your actual wishes.

Can I do estate planning and business formation at the same time? +

Absolutely. In fact, we encourage it. Coordinating your business structure with your estate plan ensures your business assets are protected and will pass smoothly to your heirs or designated successors. We offer bundled services that address both needs efficiently.

Tax Controversy

What should I do if I receive an IRS audit notice? +

Don't panic, audits are common. First, don't ignore the notice. Review what the IRS is requesting and gather supporting documentation. You have the right to representation. Contact us immediately, and we'll handle communication with the IRS, represent you throughout the process, and work to minimize your tax liability.

How does an offer in compromise work? +

An Offer in Compromise (OIC) allows you to settle your tax debt for less than you owe if you can demonstrate financial hardship. We evaluate your situation, prepare the necessary documentation, submit your offer to the IRS, and negotiate on your behalf. Success depends on meeting strict financial criteria.

Can the IRS seize my home or business? +

Yes, the IRS can place a lien on your property and levy (seize) assets to collect unpaid taxes. However, there are legal defenses and options available. We can help you work out a payment plan, explore innocent spouse relief, or pursue other remedies to protect your assets.

What are the penalties for unfiled tax returns? +

The IRS imposes a "failure to file" penalty (typically 5% per month, up to 25%) and a "failure to pay" penalty (0.5% per month). Interest also accumulates daily. The longer you wait, the larger your debt becomes. We can sometimes negotiate penalty abatement and help you get current with the IRS.

How long does a tax case typically take? +

Simple matters may be resolved in 3-6 months, while complex audits or appeals can take 1-2 years or longer. The timeline depends on the IRS's workload, the complexity of your case, and whether you appeal. We'll give you a realistic estimate after reviewing your specific situation.

Do you handle state tax issues too? +

Yes, we represent clients before the IRS and the Texas Comptroller of Public Accounts. We handle both federal and state tax issues, and we work to coordinate strategies that address both jurisdictions effectively.

IP & Trademarks

What's the difference between a trademark, patent, and copyright? +

A trademark protects brand names, logos, and slogans. A patent protects inventions and new technologies. A copyright protects original works of authorship like books, music, and software. Each offers different protections for different types of intellectual property. We'll help you determine what protection your business needs.

How long does trademark registration take? +

Federal trademark registration typically takes 8-12 months from filing, though it can take longer if the USPTO issues office actions requiring responses. We handle all the paperwork and communication with the USPTO to streamline the process.

What should I do if someone is copying my brand? +

Act quickly. We can send a cease and desist letter demanding they stop using your mark. If they don't comply, we can pursue litigation to stop the infringement and recover damages. The key is acting before the infringer establishes rights in the mark.

Do I need a patent or a trade secret? +

A patent provides exclusive rights but requires public disclosure and expires after 20 years. A trade secret remains private indefinitely but requires active protection measures. We'll analyze your invention, its market life, and your business goals to recommend the best strategy.

Can I trademark a name that's similar to another? +

Not if there's a "likelihood of confusion" with an existing mark. The USPTO will refuse registration if your mark is too similar to an existing trademark in the same or related field. We conduct thorough trademark searches before filing to avoid wasting time and money on unregistrable marks.

How much does a patent application cost? +

Patent costs vary with the invention's complexity and the type of application. We'll provide a clear, written fee estimate after reviewing your matter.

Personal Injury

How much is my personal injury case worth? +

Case value depends on many factors: medical expenses, lost wages, pain and suffering, permanent disability, and the defendant's insurance limits. We gather evidence, calculate damages, and research comparable cases to maximize your recovery. Many cases settle for significantly more than initial offers.

Do I have to go to court? +

Most personal injury cases settle before trial through negotiation. However, if the insurance company refuses a fair offer, we're prepared to take your case to court. We'll advise you of the pros and cons of settlement vs. trial so you can make an informed decision.

What's the statute of limitations in Texas? +

In Texas, you generally have 2 years from the date of injury to file a personal injury lawsuit. After 2 years, you lose the right to sue (with rare exceptions). Don't delay, contact us immediately to preserve your claim.

Do I need a lawyer for a minor car accident? +

Even for minor accidents, a lawyer can help. Insurance companies often undervalue claims. We ensure you receive fair compensation for medical treatment, lost wages, and pain and suffering. Many times, an attorney's involvement results in a much larger settlement.

How does contingency fee work? +

With a contingency fee, you pay no attorney fees unless we recover for you. The fee is an agreed-upon percentage of the recovery, which we review and put in writing before we begin.

What if I'm partially at fault for my accident? +

Texas follows a "modified comparative fault" rule. If you're less than 51% at fault, you can still recover damages, but your recovery is reduced by your percentage of fault. Even if the other party claims you're partly responsible, we'll fight to minimize your liability.

Still Have Questions?

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