Orsen E. Paxton III’s Answers

Orsen E. Paxton III

Arlington Business Attorney.

Contributor Level 18
  1. How to prepare a living will?

    Answered 10 months 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

  2. 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 about 1 year 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

  3. In the state of Texas when a man dies with no will who is next of kin? His spouse or grown children?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. John Gus Zgourides
    3. Steven M Zelinger
    3 lawyer answers

    To some extent both can be "heirs". Next of kin is not a legal term. The answer depends a lot on the particular facts. For example, if the spouse is not the mother of his children then she inherits differently than if she were the mother of his children. Separate property is inherited differently from community property. Homestead is inherited differently from other real property. We just need more detail to be able to answer your question. When some one dies without a will that is...

    9 lawyers agreed with this answer

  4. I am executor to my mother's will. In the process of filling out an affidavit of heirship my mother's original will was lost.

    Answered over 1 year ago.

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

    You have a lawyer. Ask him/her. This site is not intended to second guess lawyers who have more information than we do.

    9 lawyers agreed with this answer

  5. If my mother dies in a nursing home, and she has a life insurance with meryl lench, will the nursing home/or medicare take that

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. John Gus Zgourides
    3. Celia R Reed
    4. Christian K. Lassen II
    4 lawyer answers

    Not unless she assigned the policy to the nursing home or made it a beneficiary. Insurance is a contract. It pays to the named beneficiary. A persons heirs do not become responsible for their debts after death. People do not inherit debt. They inherit property. The nursing home can make a claim for monies owed in your mother's estate. Or, they may choose not to. It may or may not get paid. The executor or administrator will be advised by an attorney. Probate often can discharge...

    9 lawyers agreed with this answer

  6. How best to transfer real estate to limit/avoid estate taxes in Texas before 2013 change in tax rate and lifetime gift exemption

    Answered about 2 years ago.

    1. Steven M Zelinger
    2. Orsen E. Paxton III
    3. Marty L. Oblasser
    4. William Martin Burbank
    4 lawyer answers

    Estate planning is like stacking dominoes. Moving one affects all of them. This plan cannot be evaluated in a vacuum. An experienced estate planning lawyer would need to understand all of your assets and goals and recommend a comprehensive plan. Otherwise it is like a doctor prescribing penicillin without knowing your entire medical history. The penicillin might work on the current infection but if you are allergic to it, there are unpleasant consequences. Austin if full of qualified...

    9 lawyers agreed with this answer

  7. Will I get in trouble for opening a business with the same DBA name as my current employer?

    Answered over 2 years ago.

    1. Lee Keller King
    2. Orsen E. Paxton III
    3. Sarahjane Davidson
    4. J Charles Ferrari
    5. John E. Whitaker
    6. ···
    7 lawyer answers

    There are no guarantees in the law, except maybe for your situation. I can almost guarantee you will be sued and lose. When you factor in that you have disclosed what you are doing on a non-confidential public forum that can actually be used as evidence against you, one has to question the chances that you will succeed in business.

    9 lawyers agreed with this answer

  8. What happens to daddys mobile home if the will isnt probated?

    Answered 5 months ago.

    1. Orsen E. Paxton III
    2. Maria Sara Lowry
    3. Ruth Elaine McMahon
    3 lawyer answers

    Without probate no one can prove that they inherited the mobile home or anything else. Without being able to prove that nobody can exert any control over the mobile home or anything else. There are alternatives to probate but you won't know if this estate can use them without consulting with an experienced probate attorney.

    Selected as best answer

  9. Being the executor of a will do you have the right to shut out immediate family members (son) from obtaining a death certificate

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    4. Celia R Reed
    4 lawyer answers

    In Texas not just "anyone" can get a death certificate. But you can because you are the son of the decedent. I don't know what a "trustee attorney" is. I'm not sure that matters but that is not a term we use in probate in Texas.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. When a probate court orders mediation, does the mediator have to report the results to the court?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Thomas Richelo
    3. Raymond Ellis Daniel
    3 lawyer answers

    As I am sure you were told by the mediator at the time of mediation, everything that is said or occurs at the mediation is privileged and confidential. In a court ordered mediation, the only thing the mediator reports to the judge is "it settled" or "it did not settle." But, he does not report the terms of settlement or anything else. If there was no signed order of mediation then it was not really court ordered. The judge probably strongly suggested mediation and the attorneys complied....

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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