Orsen E. Paxton III’s Answers

Orsen E. Paxton III

Arlington Business Attorney.

Contributor Level 17
  1. Dead Man Walking / Probate Estate

    Answered 9 months ago.

    1. Orsen E. Paxton III
    2. Kevin Matthew Koel
    3. Patricia B. Cole
    3 lawyer answers

    You say "the estate says". Do you mean the Administrator or the Executor or are you just referring to someone who claims to be an heir? No one has authority to act on behalf of the deceased or to take possession of his property until they are appointed by a court. So unless they have shown you Letters of Administration or Letters Testamentary that person has no authority whatsoever to enter upon your property or take possession of anything. If they have shown you either of those "Letters" (...

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  2. I make & sell custom knives locally & over the Internet. Will a LLC protect me if someone misuses or is hurt using my knives?

    Answered about 1 year ago.

    1. Orsen E. Paxton III
    2. Robert John Murillo
    3. Andrew Chung
    4. Lina M Lopez-Fullam
    4 lawyer answers

    Certainly, operating a business through a well organized entity like an LLC is the first step in achieving the maximum insulation from personal liability. But, I see a lot of do-it-yourself entities that ended up providing no protection because the individuals didn't do anything beyond getting a state to issue a certificate of formation. For under $1000 you can get some very specific advice from an experienced business lawyer that will protect you from tens of thousands of dollars in...

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  3. I started a LLC-Texas with a foreign partner. the next steps especially taxes & structuring

    Answered about 1 month ago.

    1. Orsen E. Paxton III
    2. Randal Moore
    2 lawyer answers

    Well, you could use the Find a Lawyer tab on this website or lawyers.com. The best way is a personal referral by someone. You have many good options in Houston. Please do it quickly. Your question betrays a significant lack of appreciation for the structure of a limited liability company and the situation in which you presently find yourself.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Question for Estate Planning or Trusts Attorney ?

    Answered 3 months ago.

    1. Orsen E. Paxton III
    2. David M. Pyke
    3. Joseph Franklin Pippen Jr.
    4. David L. Carrier
    4 lawyer answers

    You are asking the questions that every married couple with children should be asking themselves. Congratulations! But, the answer to which estate planning technique works best for you requires an analysis of a great many more facts than you can provide on a website. Any website. You need to schedule an office conference with an experienced estate planning lawyer. Fortunately Dallas has many of them.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. When someone dies with a will do cemetery plots have to be specific to the will ?

    Answered 10 months ago.

    1. Orsen E. Paxton III
    2. Kevin Matthew Koel
    3. Mark Allen Land
    4. Cheryl Rivera Smith
    5. Jessica Anne Newill
    5 lawyer answers

    Without reading the contract that your husband's parents signed when they purchased the plots it is impossible to give any kind of specific response. However, I am not aware of any law that would support the position taken by the cemetery. It is not necessary to specifically describe property in order to leave it in a Will under a provision that says "all property". If, however, your husband's parent's wills were not probated then they would not have left all property to your husband. The...

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    1 person marked this answer as helpful

  6. Is it worth trying to form a liability shield like an LLC or S corp, by myself, if I absolutely cannot afford a lawyer?

    Answered about 1 year ago.

    1. Orsen E. Paxton III
    2. Robert Neil Newton
    3. Richard Hinds
    4. Douglass S Lodmell
    5. John P Corrigan
    5 lawyer answers

    If you are the sole owner and there will never be another owner; if you will not be transferring any assets that you currently own to the entity; then you might be able to safely organize the entity yourself. But that will simply get it up and in existence. Then you need to know how to manage and maintain it to avoid pitfalls in the future. I have to ask what makes you think that you can't afford a lawyer to advise you on this? Have you shopped around or have you just made the assumption?...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Does a will/testament have to be notarized?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Konstantin Parkhomenko
    3. Eric Jerome Gold
    3 lawyer answers

    I am sorry that you were not treated courteously by the county attorney's office. But perhaps, he may have done you a favor. Under Texas law a Will does not have to be "notarized" to be a valid Will. In fact, merely be "notarized" will not make it a valid Will. But, it sounds like you tried to file or record your Will in the County Clerk's office while you are still living. The County Clerk cannot accept anything for filing in the official records of the county unless at least one...

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  8. If I an estate waiver of rights is drawn up by an attorney with a suspended license, will that waiver be valid or invalid?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Charles Lawrence Huddleston III
    3. Steven J. Fromm
    3 lawyer answers

    Wow! You two are quite a pair. A person who is not licensed to practice law in Texas cannot draft legal documents. Period. It is a crime and it is a violation of any suspension by the State Bar. This person cannot be representing an "estate" or an executor of an estate. However, a waiver drafted by an unlicensed person is not invalid simply because of that. It sounds like you want to rely on the fact that this person is not licensed to practice law as an excuse to not do what you promise...

    7 lawyers agreed with this answer

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  9. Is the contribution of cash, stock, bonds or real estate to a family LLC a taxable event?

    Answered about 1 month ago.

    1. Steven John Clausen
    2. Orsen E. Paxton III
    3. Taylor Phillip Willingham
    3 lawyer answers

    Oh my. If you are creating a family llc without the benefit of counsel you have to potential to really screw up some loved ones lives. This is highly technical stuff. All family llcs are not created equal and if you don't do it right (which you won't) there will be adverse consequences for everyone.

    7 lawyers agreed with this answer

  10. My 85 y/o Mother refuses to go into a nursing home, I do not have her health care power of attorney, what can I do?

    Answered 5 months ago.

    1. Orsen E. Paxton III
    2. Ruth Elaine McMahon
    3. Gregory John Barry
    4. Lisa Beaird Shoalmire
    5. Mark Allen Land
    5 lawyer answers

    A guardianship of her person and her estate seems to be your only option. In Texas that cannot be accomplished without an attorney representing you as the applicant. Consult an experienced guardianship attorney in the county where your mother resides. That is where it will have to be filed.

    7 lawyers agreed with this answer

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