Orsen E. Paxton III’s Answers

Orsen E. Paxton III

Arlington Business Attorney.

Contributor Level 18
  1. 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

  2. If my landlord filed an eviction on me april 30th then made plans to work something out with me can she now evict

    Answered about 1 year ago.

    1. Orsen E. Paxton III
    2. Cheryl Rivera Smith
    2 lawyer answers

    If the landlord has accepted any partial payments since April 30 and you can prove it then landlord must refile the eviction. Otherwise, landlord can go forward on the one already filed.

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  3. I'm incorping my business. The choices are: DBA, Sole Prop., "C", "S", LLP, LLC. What is the best option. Thanks for your help.

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Robert Neil Newton
    3. John P Corrigan
    4. Teri A. Walter
    4 lawyer answers

    No lawyer who actually knows what he/she is talking about can answer your question without a great deal more information than you can provide on this site. Interestingly, your statement of facts demonstrates a basic misunderstanding of business entities. DBA and Sole Proprietorship are the same thing in your case (where you are the only owner) and neither of them involve incorporating. So, they are not a choice. They are what you are left with if you do not incorporate. They provide no...

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  4. Had the will probated as minument of title by dad' in 2001, the deed before that is last in 1991, the party with the 1991 deed

    Answered 14 days ago.

    1. Orsen E. Paxton III
    2. Adam Michael Lahood
    3. Richard Jonathan Cahan
    4. Shelley Ann Elder
    4 lawyer answers

    You can appeal the eviction using a Pauper's Affidavit. But, you must get legal representation or you will lose on appeal. You do not state enough facts and the ones you do state are not clear. It sounds like your dad conveyed the house away in 1991. Then your dad died and his Will was probated as a Muniment of Title. If those are the facts, then he did not own the house when he died and it would not pass under his Will. But, your mother probably owned a one-half interest in the house...

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  5. Do i need a trust atty along with a divorce atty?

    Answered 2 months ago.

    1. Orsen E. Paxton III
    2. Maria Sara Lowry
    3. Marty L. Oblasser
    4. Cimarron Dru Gilson
    5. Ivette M Santaella
    5 lawyer answers

    The divorce cannot address custody of your daughter because she is an adult. You will have to obtain a guardianship in order to have authority over her. If your divorce lawyer does not do that then find one who does.

    6 lawyers agreed with this answer

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  6. What is the probability of success in obtaining my desired compensation for my ordeal in terms of litigation and mediation?

    Answered 5 months ago.

    1. Orsen E. Paxton III
    2. Jerome A. Konkel
    3. Mark Allen Land
    4. Robert Bruce Kopelson
    5. Shoshana Kunin-Leavitt
    6. ···
    6 lawyer answers

    Do you not have insurance? Have you notified your insurer? That is what you pay premiums for. The measure of damages for a vehicle is the reasonable cost of repair but no more than the fair market value of that vehicle in the condition it was in immediately prior to the collision. I cannot imagine an attorney who would be interested in this case based upon your facts. There just is not enough in damages.

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  7. Who gets paid first from an estate: the Executor for funeral and probate expenses or debtors (credit cards)?

    Answered about 1 year ago.

    1. Orsen E. Paxton III
    2. Steven John Clausen
    3. Christopher Lloyd Carns
    3 lawyer answers

    I am sorry to hear this family tragedy. The State of Texas will not probate your sister's estate. I'm not sure what you have stumbled across that made you think that was possible but it won't happen. Assuming that her Will is valid and assuming an application to probate it is filed, the two sons will be appointed executors unless either or both of them is disqualified. Creditors must be notified and given a chance to file a claim. It is possible that a creditor fails to file a claim or the...

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  8. My dad typed his will and had it notarized but no other witnesses. my brother's lawyer said it has to go thru probate.

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Jessica Anne Newill
    2 lawyer answers

    In Texas, typing does not make a Will valid and notarization does not make a Will valid. If a Will is typed and the signature of the person making the Will is notarized that is an invalid Will. It cannot be probated and it will have no effect whatsoever. it will be just as if he had no Will at all. This is not even a close call. If your father does not seek the counsel of an experienced estate planning lawyer and have a will prepared that accurately and clearly describes his wishes and...

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  9. Do i need to remove myself from my mothers bank account?

    Answered almost 2 years ago.

    1. Orsen E. Paxton III
    2. Gary Alan Armstrong
    3. Joseph Franklin Pippen Jr.
    4. Pamela Koslyn
    5. James P. Frederick
    5 lawyer answers

    The true effect of bank account cards can only be determined after reading them. I am aware of more than one situation where the bank employee told the customer that setting up the account would have one effect and then after a death it was determined that the account did not have that effect at all. This is due to poor training of bank employees. In Texas the ability to establish a bank account as a joint tenancy with right of survivorship is done with the account card, not with a Will. So,...

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  10. Can my brother FINANCIAL POW for my mom, whose living and sharp as a tack in financial matters take control of all her assets?

    Answered almost 2 years ago.

    1. Orsen E. Paxton III
    2. Michael Leo Potter
    3. Russell J. Amsberry
    4. Jerry E Shiles
    5. M. Robert Perez III
    5 lawyer answers

    Terms can be tricky. You ask if he can manipulate cash flow of your mother if he is "administrator." That term is only used in Texas to describe someone who is appointed by a court to be in charge of the estate of a person who died without a Will. Your facts indicate your mother is alive. So, your brother cannot be an "administrator." It is not clear what he has done to gain control over her finances. Maybe he has access to her bank accounts somehow. Maybe he is forging her signature....

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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