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Orsen E. Paxton III

Orsen Paxton’s Answers

2,784 total


  • Do I put my name on the Seller's Agreement, if my name is not on the home loan, only on the deed of trust?

    had a home with my ex-husband (11 years). He didn't put my name on the home, which we found out during the divorce process, but it is on the Deed of Trust. I was told not to sign the Seller's Agreement, since I should be able to qualify for a firs...

    Orsen’s Answer

    What did the Divorce Decree say about how this home was awarded? If the Decree awarded it to your ex-husband then you do not own it and you are not a seller. If the Decree awarded you any interest in it then you are a seller regardless of what the deed and deed of trust say.

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  • How can I sue the heirs of my great grand mother unwill house, for my money spent on back taxes, material, and labor?

    My great grandma had one son. He had ten kids. Five are deceased. Five are still living. Since folks saying its they house too, I want every penny I put in it so I can start looking for something of my own. I paid all the back taxes up, current ta...

    Orsen’s Answer

    You are using the wrong tab on this site. Use the Find a Lawyer tab. Or, use lawyers.com. Or, Google for "probate litigation lawyer Houston, Texas"

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  • My mother has been deceased almost 6 years, she had an hospitalization insurance policy but no executor of estate,is it too late

    I've been trying to file a claim for this hospitalization policy since my mother passed in 2009,I submitted everything the company asked of me, but then they claim since she didn't have a power of attorney or executor of the estate that they could...

    Orsen’s Answer

    If your mother had a Will and you had access to, it is too late to probate her Will. A Will must be probated within 4 years of the date of death. I am not completely clear on what kind of policy this is. If it is a policy that pays for medical expenses, that would be a policy that pays to her or her estate. But, then the estate would have to use the monies to pay the medical expenses. So, it does not sound like you would benefit from it at all. You cannot be personally responsible for her medical bills. So, I'm not sure what the point of making a claim at this time is.

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  • Grandma needs paperwork to transfer guardianship in case of death. Where to download printable paperwork ?

    Child is 6. Grandma is 78. Transfer guardianship of child to adult grand daughter. Don't have money for lawyers.

    Orsen’s Answer

    What you want does not exist. There is no "form" to do this. Guardianship are court ordered and court supervised. They cannot be transferred. I doubt you are really talking about guardianship but maybe you are. If either of the 6 year old's parents are alive then it probably is not a guardianship. It is probably what the public calls "custody" but which is really "custodianship". Those are court ordered relationships as well and cannot be transferred with out a court hearing. So, really there may not be anything that can be done. I would suggest that grandma schedule a conference with Legal Aid to discuss it.

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  • Father purchases home with cash. Son and family move in. Father passes. Is there a claim for portion of the house by siblings?

    Title of home is in father and sons home. Sibling #1 and grandfather are trustees of the estate.

    Orsen’s Answer

    I'm sorry but very little of this makes sense. Just "moving in" does not create ownership. If your father used his cash to buy the home but the deed was issued to him and his son then that creates joint ownership with the son. Estates do not have trustees. If your father had a Will then there is an executor and the Will states how property passes. If your father did not have a Will then there is an administrator and Texas law says how property passes. Both executors and administrators are appointed by a court in a probate proceeding. You really need to consult with an experienced probate lawyer to get an answer.

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  • Will a special needs trust protect our families land?

    My father will be entering a nursing home soon with payment being provided through his SS money and Medicare. I was recently told that Medicare can put a lien on the property for "X" amount of expenses incurred during his stay in the nursing home....

    Orsen’s Answer

    Medicare payments do NOT create a right of reimbursement. Medicaid payments DO. You may be confused as to what type of payments your father will receive. The nursing home should be able to make this clear to you. If it is Medicaid, there are ways to protect your father's assets. A Special Needs Trust is probably not a tool for him. This is highly technical stuff. He really needs to consult an experienced Elder Law attorney.

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  • Do I have a claim for tortious interference and or anti trust?

    Recently I was offered a wonderful job opportunity to make more money. After I gave notice my current boss call my future boss and that same day the offer was rescinded. I now have no choice but to stay with the current company. Im appalled that t...

    Orsen’s Answer

    I hope you understand that we do not give specific legal advice on this site. We address legal issues and concepts in general terms. You are looking for specific advise. You need to consult with an experienced business lawyer. There are so many facts that you don't provide and, frankly, that you can't provide in the space given. Do you have a contract? Did you put down your current employer as a reference? What did the current employer say to the prospective employer? Did you sign a non-compete with your current employer? Do you even know if you did or did not? These are just a few of the questions that a lawyer would ask you. But, it is worth investigating.

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  • Frontier will obtain 1.6 mil Verizon Fios customers next year, will that acquisition nullify existing 2-year contracts?

    If my bill will have Frontier on it instead of Verizon, I wonder if I can cancel my FIOS account without early termination penalty. The penalty is nearly a grand for a small business account.

    Orsen’s Answer

    • Selected as best answer

    Assignment of a contract does not nullify the contract.

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  • On the fence about filing suit for fairly decent breach of contract (rent).

    Could it work like this (of course no guarantee). I file suit and get a judgment. The person is not in the best position now but if eventually he buys a house down the road I just place a lien on his house (sorry I don't know the specific legal te...

    Orsen’s Answer

    • Selected as best answer

    Essentially, yes. A judgment must become final and then be abstracted. The Abstract of Judgment must be filed in the real property records in every county in which the debtor owns real property in order to constitute a lien on the real property in that county. An Abstract of Judgment is valid for 10 years. To keep it alive and renew it for another 10 years a Writ of Execution must be served on the defendant before the 10 year expiration. Rinse repeat.

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  • In a Texas Series LLC, what happens if a suit is filed against you in a state that does not recognize S-LLCs?

    As of mid 2014, 13 states have adopted Series LLCs. Given this is somewhat new law, would the SLLC be redacted to a GP or LLC in a state that does not utilize SLLC? So far I have not been able to find any case law on the subject, even Go...

    Orsen’s Answer

    It is never a good idea to be the test case. Even if we had a good white horse case in one jurisdiction it would not be terribly instructive in another. I am personally pessimistic. If you don't have a compelling reason for a SLLC, then don't.

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