Orsen E. Paxton III’s Answers

Orsen E. Paxton III

Arlington Business Attorney.

Contributor Level 17
  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 9 months 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

    1 person marked this answer as helpful

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

    Answered 11 months 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.

    13 lawyers agreed with this answer

  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 9 months 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...

    12 lawyers agreed with this answer

  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 10 months 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 9 months 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 1 year 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 7 months 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

    1 person marked this answer as helpful

  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 9 months 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. How to prepare a living will?

    Answered about 1 month ago.

    1. Orsen E. Paxton III
    2. Maria Sara Lowry
    3. David M. Pyke
    4. Kendall Shane Cockrell
    4 lawyer answers

    First and this is very important, your goal does not get accomplished by having a "living will". That is a slang term used to describe a Directive to Physicians to Discontinue Life Support. That document is the pull-the-plug document. It instructs doctors to remove life support in certain specific circumstances. So, now to the question you meant to ask: "How do I make sure that my young son inherits my assets and receives the proceeds of life insurance on my life?" Let's deal with the...

    9 lawyers agreed with this answer

  10. My neighbor and friend for seven years owns own home, car, has own money has been taken out of home by adult protective services

    Answered 5 months ago.

    1. Orsen E. Paxton III
    2. Ivette M Santaella
    3. David J. McCormick
    3 lawyer answers

    The law requires the court to appoint an attorney to represent her. She will have representation. You are a good neighbor and friend. But, the law has protections built in for people in this situation. But, you are free to appear at any hearing in court and to offer to testify.

    9 lawyers agreed with this answer

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