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Orsen E. Paxton III

Orsen Paxton’s Answers

2,834 total


  • Can the executer of an estate divide the estate as they see fit without providing a inventory ?

    Personal property of the deceased jewelry, gun collection, household items , automobile & bank accounts just to name a few.

    Orsen’s Answer

    First, the Will must be admitted to probate and the Executor must be appointed by a court. Just being named executor in a Will is not enough. That person must probate the Will. Texas law requires the executor to file an inventory of the estate within 90 days of the date of appointment. Once appointed and once the inventory is approved by the judge the executor must evaluate claims of creditors and pay the valid claims from estate assets. Only after all that is done can the executor distribute the assets but it must be distributed according to what the Will says.

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  • Didn't report the new job to medicaid until they ask for the renewal, what shall I do? What shall I face?

    We are legal immigrants, got the medicaid for 7 months so far. We did renewal and mentioned all about the new job ( after 6 months not 10 days as they declares on the mail), Medicaid is for my child only.

    Orsen’s Answer

    Make full disclosure. Expect to have reimburse benefits.

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  • False report of miss handling money of my elderly aunt

    My aunt was in her right mind and made several financial chooses that caused her to be over drawn. Her daughter's have not been her but 4 times in the last year Nd know are blaming me for her choices. The blame did not start until they found out t...

    Orsen’s Answer

    There is no question in your facts. What do you want to know? "they are doing all type of thing" does not tell us much. You are going to have to be specific. We cannot read your mind. How many times a child sees the parent has nothing to do with what rights or claims they may have.

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  • If my mother passed away and she carried loan and it was paid in full just before passing do I need to send deed to new owners

    And does it still need to go probate if there is nothing to dispute

    Orsen’s Answer

    Let me see if I understand your facts. Your mother sold a piece of property and financed it herself by getting a Deed of Trust to secure the payment of the note given by the buyers. The buyers paid off the note shortly before your mother passed away. If that is correct then there really is nothing for you to do. Your mother deeded the land to them when they bought it. What the buyers would like is a a Release of Deed of Trust Lien. Your mother should have given them one to file in the deed records when they paid the note off. But, if she didn't you have no authority to give one unless you probate her Will and are appointed as her Independent Executor. The existence of a "dispute" has nothing to do with probating a Will. Probate validates the Will and passes title to the decedent's assets to those named in the Will. Without a probate of some kind those persons will never be able to prove that they inherited her property. You really need to talk to an experienced probate lawyer in the county where she lived at the time of her death.

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  • My husband inherited a home, I owe back medical bills, can my creditors place a lein on the inherited property ?

    property is in Texas not homsteded

    Orsen’s Answer

    In very general terms, separate real property of one spouse is not liable for the debts of another spouse. Because your husband inherited the house, it is his separate real property.

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  • What charges can a person expect to face if she sells part of a homestead without other owners consent?

    My father died intestate, his land was separate property given to them by deed of gift from his parents. Therefore upon my father’s death his 1/2 vested to his heirs who are my two sisters and I. We are his only children and my mother was his only...

    Orsen’s Answer

    • Selected as best answer

    There will be no "charges" filed. This is not a criminal matter. If you want to protect your interest you are going to need to hire a lawyer experienced in probate and litigation and file a lawsuit. Your sister is a necessary party to that lawsuit. You state that your father died intestate but you do not state whether or not anyone opened an administration on his estate or the status of it. Property cannot be sold out of an intestate administration without a court order. If the original gift deed was a gift to your mother and father, then the language in it is going to be very important.

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  • The executor of my mother's estate somehow became the beneficiary of her bank accounts. Can I contest this in court?

    The executor is my nephew. I think he somehow coerced my mother or she may not have known what she was signing and changed the beneficiary to himself on her bank accounts. She was in her late eighties. He had Power Of Attorney after she was decl...

    Orsen’s Answer

    Yes, but you MUST hire an experienced probate litigator quickly. It is hard to get money back once it is gone.

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  • What are some of the common proper uses of a DBA, in relation to an LLC setup in TX?

    I have an LLC setup in TX, and was curious what some common reasons an LLC might utilize a DBA? Thanks in advance, Jim

    Orsen’s Answer

    An Assumed Name is a tradename. It is any deviation from the legal name of the LLC which is used by the LLC. The law requires the LLC to file assumed names for every name it uses that is not its legal name. This can get extreme. For example if ABC, LLC uses simply "ABC" on signage or ads, then it is using an assumed name and it must be registered. It must be filed in two places: The Texas Secretary of State and the county clerk in the county where its principal place of business is located. The laws governing assumed names are for disclosure purposes only. Filing an assumed name does not create property rights in the name. That would be a trademark filing. The most common reason I see for filing assumed name certificates is because the company could not incorporate under the exact name it wanted. So, it incorporated under a different name and then filed assumed name registrations for the name it actually wanted to use. This can be dangerous if some other company has established trademark or copyright rights in the name.

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  • Once the inventory has been approved by the court, can I still get a lawyer to protest it.

    I just got a copy of the inventory today, and there is no cash listed, only the house & it's contents. Is it too late to get a lawyer?

    Orsen’s Answer

    It is not too late. But, move quickly.

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