Orsen E. Paxton III’s Answers

Orsen E. Paxton III

Arlington Business Attorney.

Contributor Level 17
  1. Husband is dying and has no will. What happens to our propettyy?

    Answered 9 months ago.

    1. Orsen E. Paxton III
    2. Gary T. MacInnis
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I am very sorry for you and your husband. First, if he is still mentally competent he can still make a Will. He needs a Will, a General Durable Power of Attorney, a Medical Power of Attorney, and he might want a Directive to Physicians to Discontinue Life Support. Having these in place will reduce the amount of stress on him and you and it will greatly decrease the cost of probating his estate. Now, to your question. In Texas, you can only lose the house by not paying the mortgage or the...

    7 lawyers agreed with this answer

  2. I am told that a handwritten will is still legal and enforceable in Texas. Is this the case and what is the drawback of it?

    Answered 10 months ago.

    1. David M. Pyke
    2. Orsen E. Paxton III
    3. Mark Allen Land
    4. Brian Christopher Tyrone
    5. Peter Walter Weston
    6. ···
    8 lawyer answers

    9. You don't know how to write a complete and effective Will because you haven't been taught how to do it.

    7 lawyers agreed with this answer

  3. I inherited partial property ownership in 2005 but did not get on title until 2013 am I liable for backpayments ?

    Answered about 1 year ago.

    1. Orsen E. Paxton III
    2. Kevin Matthew Koel
    3. Celia R Reed
    3 lawyer answers

    Your facts raise many questions. To really get good advice you need to consult with an experienced probate attorney. Technically, you became an "owner" at the moment of the decedent's death. It just wasn't proven until the probate process. The estate would be liable for all mortgage payments until legal title was transferred to you. You have not personal obligation on the mortgage. If someone has occupied the land without paying rent then the owners can pursue them for the value of that...

    7 lawyers agreed with this answer

  4. My Aunt's husband is now 93 and want me to receive his estate

    Answered about 1 year ago.

    1. Nicole Lorene Dimetman
    2. Orsen E. Paxton III
    3. John P Corrigan
    4. Charles Adam Shultz
    5. Steven Drew Baker
    5 lawyer answers

    If you want any hope at all of avoiding a Will Contest lawsuit you must get out of your uncle's will-making process immediately. Don't even find a lawyer for him. Tell him that if he really wants to leave his estate to you he must find a lawyer and make a Will that does that. Then, back off. Let him and his lawyer handle it.

    7 lawyers agreed with this answer

  5. If a man dies intestate, leaving a widow who is not on the deed. He has two adult children. who gets the house he owned?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Adam Nelson Rieck
    3. Cheryl Rivera Smith
    4. Robert William Haley
    4 lawyer answers

    It is not clear from your facts whether the house is separate or community property or whether or not the widow is the mother of the two adult children. Those facts are crucial in determining the heirs identity. But, there is another issue here. Even if we had all the facts, simply knowing them would not transfer title to the house (and other assets) to the heirs. That requires some type of probate procedure. Because the decedent died without a will (intestate), none of the options are as...

    7 lawyers agreed with this answer

  6. Is there any legal action i can take against a 42 year old lady taking advantage of my 74 year old dad for his money?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Jacob Scott Pelley
    3. Adam Nelson Rieck
    3 lawyer 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.

    7 lawyers agreed with this answer

  7. Is a illegitimate child considered a "lawful lineal descendant" in a will?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Jessica Anne Newill
    3. Curtis Hastings Schwake
    3 lawyer answers

    Yes. There are lots of cases on point but we are not here to do legal research. "Lawful lineal descendants" would mean lineal descendants under Texas law. If paternity can be proven by the child then it is a lineal descendant. This type of heirship litigation requires an experienced probate litigator.

    7 lawyers agreed with this answer

  8. My dad willed a few acres of land to my sister and me, but gave our Mother a life estate interest. Who has contol of the land?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. James P. Frederick
    3. Rabea Taylor
    3 lawyer answers

    The life estate owner has the full right to possess and use the land. I presume that she was left both the surface and mineral estate. The life estate owner cannot waste the land but if she owns both surface and mineral rights she can lease the mineral rights.

    7 lawyers agreed with this answer

  9. I am executor/trustee of the family trust. The Certificate of Trust states banks need to honor certificate, bank claims I must

    Answered almost 2 years ago.

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

    It sounds as if perhaps the account that you are trying to access was not established in the name of the trust. It sounds like it is in the name of the decedent. If that is the situation then you would have to probate the Will that you have. It is probably a "pour-over" Will. That means that it leaves any assets that are in the decedent's name to the Trust. You may be able to use a probate procedure called Muniment of Title instead of obtaining Letters Testamentary. You need to consult...

    7 lawyers agreed with this answer

  10. What's the difference between an S Corp and a C Corp?

    Answered almost 2 years ago.

    1. Timothy Paul Lester
    2. Orsen E. Paxton III
    3. Phillip Monroe Smith
    3 lawyer answers

    Good answer already. All corporations are C-corp at the time they are created. C and S are shorthand for provisions in the Internal Revenue Code and have nothing to do with the law governing the actual creation of a corporation under Texas law. You have to file a form with the IRS to "elect" to be taxed as an S-corp. and you have to do it within 75 days of chartering to get it for that year. Not every corporation qualifies for S-corp status. Also, the business organization of choice these...

    7 lawyers agreed with this answer

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