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Orsen E. Paxton III

Orsen Paxton’s Answers

2,834 total


  • What can be done to rectify the situation

    My grandfather passed away last year. In his will, he bequeathed a handgun to my mother. His estranged son gave it to him a a gift years ago. Now, the estranged son wants the gun back and says he has the receipt and box to prove he purchased it...

    Orsen’s Answer

    Everything about this problem is governed by Texas law. The Will must be admitted to probate to have any effect. No one inherits under the Will unless it is admitted to probate. So, the person named in the Will to be the executor needs to take the Will and a death certificate to an experienced probate lawyer in the county where your grandfather lived at the time of his death and discuss options. A Will must be admitted to probate within 4 years of the date of death or it cannot be probate. The Will if probated will control the disposition of all assets owned by your grandfather. If he owned the gun, it passes under the Will. The receipt will mean that his son bought the gun, but it does not mean he owned the gun.

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  • Can I inherit tenants?

    I recently inherited my mother's home, however there is a provision that states that I must allow my brother to rent the home for $700 for as long as he chooses to reside there. Is this legally binding?

    Orsen’s Answer

    First, these things do not automatically happen just because they are in a Will. The Will must be admitted to probate and to do that it must be a valid Will. You don't inherit under the Will unless the Will is valid and is admitted to probate. You have 4 years from the date of your mother's death to get the Will admitted to probate. After that it cannot be probated. So, you are going to need to visit an experienced probate lawyer in the county where your mother lived at the time of her death and find out your options.

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  • If he should die before he signs papers, will the property go to his kids or me?? What needs to be drawn up ?

    Been with my Fiancee for 8 years and living together on his property he bought before me, for three years.He says its mine, but I know that there must be some legal papers that need to be drawn,not just his word? Thanks

    Orsen’s Answer

    Well the fact that you call him a fiancee is proof that there is no common law marriage. So, that option is not available. He can deed you the remainder interest in the property. He can leave the property to you in a valid (not do-it-yourself) Will.

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  • What can I do. Do they have legal action

    My dad died. His House goes to estate. I have two sisters. I pay the house off an have executor of estate and other sister. Sign full deed of house over to me. Can they then make me sell it to pay them there 1/3 of price of the house

    Orsen’s Answer

    I am sorry for you loss. You really do not provide enough accurate information. You cannot be an "executor" unless your dad had a Will, it named you as executor, and the Will has been admitted to probate by a judge and you have been appointed. If those things have happened or will happen then the house passes according to what the Will says. If there is no Will then you have a much bigger problem. You or someone will need to apply to be appointed the administrator of your dad's estate and his property Will pass according to Texas law.

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  • How to remove partner from llc Texas. Can I get credit for previous yrs tax deductibles? Partner has not filed his llc taxes

    Hello I will keep this simple. I'm in Texas I have a plain llc c Corp I believe I will double check but I need to delete my part owner. The SOS of Texas has form 424 (certificate of amendment) for this case. I just want to verify this is the corre...

    Orsen’s Answer

    Yes, you are missing a few things. That amendment form does not function to remove a member of an LLC. You cannot unilaterally remove an owner and certainly not just for being "gone" whatever that means. You obviously created this entity without any legal advice and now you are trying to fix the mess without any legal advice. Its not going to work. You have to get the other owner (who is NOT a "partner") to convey his interest in the LLC to either you or the LLC itself in order to be rid of him. Another alternative might be to cease conducting business with this LLC and go to an experienced business lawyer to set up a new single member LLC and use it to conduct business.

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  • I could have signed that admission paper but because i didn't is it legal is my stay here at touchstone form of kidnapping

    i am being held at a nuerorecovery center for ppl with truamatic brain injury i was admitted by my mother forging my signature which is btw horrific i could have signed that admission paper but because i didn't is it legal is my stay here at touch...

    Orsen’s Answer

    If you are under 18, she had authority to admit you. If you are 18 or older, she did not have authority unless there is a court order giving her the authority or you gave her a power of attorney. Too many missing facts to be certain about anything.

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  • What filing/forms do I need to do to make it official?

    I owned 100% of a private company. I have a manager who runs it and his equity has vested this year. He now owns 1% of the company.

    Orsen’s Answer

    So many legal issues here, most of which can result in big problems for you if not handled correctly. You will not handle them correctly and we do not give specific legal advice. This is not a "how-to" site. I am going to assume that the "private company" is a Texas limited liability company because you discuss ownership in terms of percentages. Only an LLC can have ownership expressed in a percentage. Evidence of ownership can be done by a membership certificate or by any writing which expresses the members percentage interest. Equity received for services rendered is taxable as ordinary income to the recipient. Then you have the problem of management and future buy-out and of restrictions on transfers of ownership interests. Those are normally addressed in a Company Agreement.

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  • Should i tell the loaning bank that the loan was appproved under false information, to break the conract?

    My new car purchase is loaned to me thru a bank. The guy handlng my loan at the car dealership says he only got it approved because he lied and told the banks(all that he applied at) that I actually make $7k a month. I told him that i made $2k a...

    Orsen’s Answer

    First, the information you put on this site is not confidential. You understand that right? So, when you admit defrauding a bank, it is information that can be discovered and used against you.

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  • How do i collect money from my dad who left me the house and many other items of value, .this is a long time ago like 2006.

    I am disabled collecting ssdi and homless in need of assistance with x wife and mother in law keepin my money and property from me

    Orsen’s Answer

    We don't know what "collect money from my dad" means. Are you talking about an inheritance or are you talking about a debt he owed you. If it is a debt then the statute of limitations on it probably expired already and it is uncollectable. If it is inheritance then it would probably cause you to be disqualified from SSDI benefits. It may have been left for your benefit in a special needs trust.

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  • How can we get rid of this property? It is only a liability.

    My mother owns a landlocked piece of property that is likely unsellable in Fort Worth Texas. The property is a small slip that lies between a former place of business and a house both previously owned by my family. This property was owned by my mo...

    Orsen’s Answer

    You can locate the deed online through the Tarrant County Clerk Real Property Records. This sounds like a title mess. You probably need to have a title company do a title report in order to determine what the current status of the title is. It sounds like your parents were divorced while owning the property. It should have been dealt with in the Decree of Divorce but those things are often overlooked by divorce lawyers. I do like the idea of selling it to adjoining landowners or just giving it to them. Almost any expense is cheaper than the fines.

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