Orsen E. Paxton III’s Answers

Orsen E. Paxton III

Arlington Business Attorney.

Contributor Level 18
  1. How do I go about seeing a judge without hiring an atty? I would like to let him know the executor is not doing her job.

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Celia R Reed
    3. John Gus Zgourides
    3 lawyer answers

    You can't. Either learn the law and the rules in order to represent yourself or hire a lawyer who is experienced in probate law to advise you and represent you. Its that simple. Whether or not your requests are "reasonable" is immaterial. Let me be clear. If the judge speaks or communicates with you without all parties present then he/she could be sanctioned and possibly removed from the bench. If you will simply file a Notice of Appearance in the probate proceeding you will get notice of...

    13 lawyers agreed with this answer

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  2. Do the homestead and over 65 property tax exemptions automatically end on death or after the property is transfered at probate?

    Answered almost 2 years ago.

    1. Cheryl Rivera Smith
    2. Orsen E. Paxton III
    3. Steven John Clausen
    4. James P. Frederick
    4 lawyer answers

    Yes, they terminate as of the date of death. I understand that the estate is still being administered. But, ownership actually passed to the heirs/devisees at the moment of your mother's death. Probate is just the process of transferring title but the actual ownership is never in the "estate". The personal representative of the estate is represented by an attorney. That is the lawyer to address these questions to.

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  3. Are executors allowed to hold up an inheritance for ransom, for 3 1/2 years, until they extort a promise not to sue?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Celia R Reed
    3. John Gus Zgourides
    4. Vance Tate Davis
    5. Steven John Clausen
    5 lawyer answers

    The executor of an estate can require a receipt from anyone to whom a distribution is made but not a release of claims. It is unclear what relationship you have to the estate of the decedent. It is the responsibility of the Guardian of the Estate of a minor to assert claims on behalf of a minor. Your opinion concerning the effectiveness of the attorney representing the Guardian of the minor is merely your opinion. The probate judge, who is actually educated and experienced in the applicable...

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  4. Widowed mother dies, leaves no will. What is the easiest and least expensive way to get her house in one of her children's name?

    Answered almost 2 years ago.

    1. Orsen E. Paxton III
    2. John Gus Zgourides
    3. James P. Frederick
    4. Jessica Anne Newill
    5. Kelly Scott Davis
    5 lawyer answers

    You cannot get to where you want to get. By that, I mean you cannot get sole ownership of the Comal property. When your mother died without a Will and as a widow whatever she owned was inherited by her children, all of them. One of those children died. How his interest passed must also be determined. I don't think affidavits of heirship are going to do any good. You need at least a Determination of Heirship, which is a court proceeding for which you will need a lawyer.

    12 lawyers agreed with this answer

  5. How do I probate an estate when I don't have a will?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Christopher Scott Mcham
    3. Mark Allen Land
    4. Celia R Reed
    4 lawyer answers

    If there is a Will but you just can't get possession of it then there are ways to make that happen. If there is no Will then the type of probate would be a Dependent Administration. You can even create a temporary administration until you get the Will and then convert it to an Independent Administration. But, you cannot do any of this without a lawyer. I don't know where the decedent lived but you live in the city with the highest per capital concentration of lawyers in the state. Find an...

    11 lawyers agreed with this answer

  6. My grandmother left her fully owned home to me in 2005. Am I responsible for paying her past due property taxes?

    Answered over 2 years ago.

    1. Orsen E. Paxton III
    2. Abraham Thomas Schwager
    3. Eliz C A Johnson
    4. James P. Frederick
    4 lawyer answers

    Let's start with this. The property taxes are going to get paid. Technically the taxes owed prior to her death are owed by her estate and the taxes that have become due since her death are owed by whomever owns the house. You say she left it to you. When a lawyer hears that we think that you inherited it (as opposed to her deeding it to you during her lifetime). You could inherit it either of two ways in Texas. Either she had a Will and it said she left the house to you, or she did not...

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  7. I have used Suze Orman software to create a Will. Do I need a lawyer to review it to make sure it is legal?

    Answered over 1 year ago.

    1. Kendall Shane Cockrell
    2. Orsen E. Paxton III
    3. Mark Allen Land
    4. Aaron Scott Hill
    5. Paul A. Smolinski
    6. ···
    7 lawyer answers

    I think you just answered your own question. You have prepared a Will yourself but you are not knowledgeable enough concerning Texas law to know if you did it correctly or if the Will is valid or if it does what you want it to do or if what it does is a good idea in Texas. Let's see, who would know those answers? That's right a Texas lawyer experienced in estate planning and wills and probate would know those answers but only after obtaining information from you about your desires and assets....

    10 lawyers agreed with this answer

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  8. How would a person convicted of a felony and named as executor in a Will move forward with the application to probate wil

    Answered over 1 year ago.

    1. Kevin Matthew Koel
    2. Orsen E. Paxton III
    3. Celia R Reed
    3 lawyer answers

    A Will nominates an executor. The court appoints the executor. A felony cannot serve as executor. A Muniment of Title probate does not appoint an executor. You can be the applicant in that application. You must be represented by a lawyer. There is no do-it-yourself in probate.

    10 lawyers agreed with this answer

  9. Is notification to heirs of an estate required on application to probate will?

    Answered 3 months ago.

    1. Douglas Henry Freitag
    2. Orsen E. Paxton III
    3. Michael Anthony Duran
    4. Paul Thomas Francis
    4 lawyer answers

    You asked if you have standing to file anything with the probate court. Perhaps but you cannot do it without a lawyer. You will get nowhere. You have two years from the date the Will was admitted to probate to file a Will Contest lawsuit. You have the burden of proof to demonstrate that the Will is not valid. If your grandfather was mentally competent when he signed the Will and he was not unduly influenced or tricked into signing it, he can leave his estate however he wants.

    9 lawyers agreed with this answer

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  10. Is it legal for family member to hire lawyer and change parents will with in hours of their death?

    Answered 9 months ago.

    1. Orsen E. Paxton III
    2. Nicholas Thomas Montalto
    3. Daniel Lee O'Neil
    4. Maria Sara Lowry
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Terms like "legal" and "illegal" only apply in criminal matters. What you are asking is if the new Will is enforceable. Maybe, maybe not. If your mother had sufficient mental capacity to understand what she was doing and she was not being unduly influenced by your brother, and if the the lawyer who prepared the Will represented your mother, and if the Will is technically valid under Texas law then it probably is enforceable. But, there are a lot of facts that need to be analyzed and the...

    9 lawyers agreed with this answer

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