Orsen E. Paxton III’s Answers

Texas law does not protect any of us from making bad decisions. If your father is not incapacitated mentally, I do not see any action that you can take on his behalf. You have no "standing". He can take legal action to recover monies or he can simply stop allowing her to take advantage. If your father is mentally incapacitated then you will need to file an application to be appointed his guardian. You will need an experienced guardianship/probate lawyer to do that.

Keep in mind that our responses are general in nature. An attorney in possession of all relevant facts can give you valuable responses. You have a mess. Mainly because nothing was done within 4 years and secondarily because there was no Will. Any "interested party" as defined by Texas law can apply to administer an estate. But the choices available are limited after 4 years. Go see a lawyer now.

I must respectfully disagree with my colleagues. YOU, personally, do not have any claims against the CPA. He did not provide services to YOU. The Corporation might have claims for fraud or breach of fiduciary duty or malpractice. But, you personally do not. The Corporation's board of directors would have to vote to either bring a lawsuit or not. Either way that requires a board meeting, noticed per the bylaws, and a vote. If the board votes no, then you could bring the claim on behalf of...

Although the quoted language is helpful, we cannot really interpret a Will without reading the entire Will. Also, we are not rendering legal opinions on this site. There is no attorney/client relationship and to get a real opinion, you need to consult with an experience probate lawyer. The Will must be probated to have any effect whatsoever. The judge would then interpret it, if there is a dispute as to its meaning. The Independent Executor appointed by the court will administer the estate...

First, you are not incorporating a website. You incorporate a business. If you are seeking equity funding you have huge issues that only an experienced business lawyer can address for you. The entity de jour is the limited liability company because you have more options. But, that does not mean that it is always the best choice. An LLC can elect to be treated as if it were a corporation by the IRS and then it can even elect to be taxed as a Sub-S corporation. But it is still legally an...

Your tax attorney is correct as far as Texas is concerned. Probate is not as complicated or expensive in Texas as it is north of the Red River. Revocable Living Trusts are just one tool in estate planning. It is not a one-size-fits-all solution.

I am going to make some assumptions because you don't provide a lot of information. I'm going to assume that your small business was not incorporated, that it was you operating under an assumed name (a dba). I'm going to assume that the kind of taxes you are talking about are "business personal property taxes". I'm also going to assume that the summons you refer to is not a summons but is a lawsuit for unpaid taxes. I feel good about that assumption being correct. First, you MUST ANSWER...

A document like the one you describe is not a valid Will in Texas and cannot be admitted to probate. If your friend's father was a Texas resident then Texas law will apply. You ask: "Do I have a chance if I contest this will? How do I know it is a legal document and not forgered (sic)?" You would have no chance of contesting the Will because you are not an "interested party" because you are not an heir of your friend's deceased father.

Good advice so far. But, the reality is that even if your friend determines that there is a probate pending in court and even if she inspects that file and reads every document in it, she is not going to be able to actually "do" anything without the help of an experienced probate lawyer and one that is experienced in probate litigation. If the assets are significant enough these lawyers will consider working on a contingent fee basis (a percentage of the value of the estate). Your friend...

Anyone who tries to draft language for a Will themselves has a very high probability of failure. Common sense will not work. Texas does not have a forced heirship law. But, to be certain of accomplishing what you intend to accomplish it is necessary that you consult with an experienced Wills and Estate Planning attorney.