Orsen E. Paxton III’s Answers

Orsen E. Paxton III

Arlington Business Attorney.

Contributor Level 18
  1. Is there a difference from ASCAP and BMI?

    Answered about 2 years ago.

    1. Orsen E. Paxton III
    2. Maurice N Ross
    3. Ivan Jose Parron
    4. Pamela Koslyn
    5. Bruce E. Burdick
    6. ···
    7 lawyer answers

    They do exactly the same thing. Do a cost/benefit comparison.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is there a form I should expect to have to or to avoid signing when picking up items bequeathed to me prior to an estate sale?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. Sandra Marie Lefler
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    It is common for the Executor to require a devisee to sign a receipt for the items being delivered. Sometimes the receipt will include language releasing the Executor. I assume that what you mean by "fine print" is language you don't understand. Here is the solution. You tell the Executor that if there is anything he/she wants you to sign that it be provided to you in advance to review. Then you take it to an experienced probate lawyer to have it reviewed. We cannot tell anyone the effect...

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  3. Can executor of my mothers estate move the estate contents out of the county where she died and probate is?

    Answered over 1 year ago.

    1. Orsen E. Paxton III
    2. James P. Frederick
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Absolutely. If this is an Independent Executor, I don't think a devisee of the Will would have any grounds upon which to complain. No one but a devisee would have standing to complain.

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  4. Is a "Notice Of Intent To Take Oral Deposition, Duces Tecum" in a probate court ordered by the court because of the subpoena?

    Answered about 2 years ago.

    1. Orsen E. Paxton III
    2. Lewis Cooper Giles
    3. Brook D Wood
    3 lawyer answers

    A Notice of Intent to Take Oral Deposition that is accompanied by a Subpoena Duces Tecum is created or issued by an attorney but it has the same effect as if it were court ordered. In other words, failure to comply with it can result in the person being held in contempt of court after a hearing. The "Duces Tecum" part means that the person who is going to be deposed must produce the documents described in the subpoena at the time of the deposition. I infer from these facts that you are a...

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  5. In the state of texas, is there a limitation on the time to probate a will from the date of death?

    Answered about 2 years ago.

    1. Orsen E. Paxton III
    2. Jonathan Craig Reed
    3. Eric Jerome Gold
    3 lawyer answers

    This is an unfortunate mess but it is not completely uncommon. You were doing what seemed to make sense to you. Unfortunately, common sense will not get you far in the practice of law. A Will must be offered (filed) for probate within 4 years of the date of death. After that date it can still be probated using a process called Muniment of Title. An experienced probate lawyer in your area will be able to advise you as to the best process. The irony of this situation is that if you had...

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  6. What can the leftover money of a Medicaid recipient be used on?

    Answered about 2 months ago.

    1. Orsen E. Paxton III
    2. Cheryl Sellers Johnson
    3. Lawrence A Friedman
    4. Vance Tate Davis
    5. William Ledford Nabors Jr.
    5 lawyer answers

    Most skilled care facilities (nursing homes) have a medicare/medicaid counselor. Ask. Also, you should consult an Elder Law attorney for specific advice. Specific legal advice is based upon a detailed fact analysis. There is no one-size-fits-all.

    6 lawyers agreed with this answer

  7. I am presently in litigation as the plantiff in a Trust Inheritance lawsuit.

    Answered 4 months ago.

    1. Orsen E. Paxton III
    2. Ross Franklin Tew
    3. Daniel Lee O'Neil
    4. Frank G Podesta
    5. Arthur M. Read II
    5 lawyer answers

    We are not here to second guess your attorney who is much more informed as to the facts than you could possibly provide to us. Ask your lawyer.

    6 lawyers agreed with this answer

  8. Do family members (nieces) have a right to a copy of a deceased aunt's will even if they are not specifically named in the will?

    Answered 10 months ago.

    1. Orsen E. Paxton III
    2. David M. Pyke
    3. Maria Sara Lowry
    3 lawyer answers

    There is a process available in the Texas Probate Code to compel someone in possession of a Will to deposit it with the county clerk for safekeeping. Once that occurs anyone can get a copy of the Will. Then you can make a decision about whether or not it should be probated. You will need a lawyer. You cannot do this pro se.

    6 lawyers agreed with this answer

  9. I would like to leave a trust for my 3 dogs in the event of my death. Finding homes,feeding,medical until 401 gone.

    Answered 12 months ago.

    1. Orsen E. Paxton III
    2. Kathryn Mary Holton
    3. Jacob Scott Pelley
    4. Joseph Franklin Pippen Jr.
    5. Steven Drew Baker
    6. ···
    6 lawyer answers

    This is certainly possible and is now specifically authorized by Texas law. You will need to hire an attorney to do it because you don't know how to do it. I recommend you search for an attorney experienced in trust matters. You might try contacting an animal rights association to see if they have any referrals.

    6 lawyers agreed with this answer

  10. Can an attorney write a will and witness a will?

    Answered about 1 year ago.

    1. Kendall Shane Cockrell
    2. Paul A. Smolinski
    3. Orsen E. Paxton III
    4. Charles Adam Shultz
    5. Joseph Michael Pankowski Jr
    5 lawyer answers

    It is actually common for the drafting attorney to be a witness, especially in more rural areas. There is nothing in either the Probate Code or the Rules of Professional Responsibility that would prohibit this in Texas.

    6 lawyers agreed with this answer

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