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Orsen E. Paxton III

Orsen Paxton’s Answers

2,786 total


  • What happens if you owe the state $130,000 from your LLC and can't afford to pay?

    We are a small general contractor that specializes in retail and restaurant work. We are bleeding red ($150k) due to larger competitors who can take on work for 2-3 % margins and large unexpected expenses due to subs who walk off jobs and won't s...

    Orsen’s Answer

    You fail to say what taxes are owed. Employer's tax? Property tax? Sales tax? Unlike the federal government you cannot operate a business that always loses money regardless of the reasons. You might consider ceasing the conduct of business by this LLC and beginning clean with a new LLC. It depends on how much of the tax liability you are personally responsible for. To determine that you can consult with an experienced CPA or business attorney. Preferably both. An owner of an LLC is not automatically responsible for its debts. There is no "general partner" of an LLC in Texas.

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  • Do we need legal guardianship?

    My husband will be taking care of our grandchild for the next 6 to 8 months for our son who is currently teaching in China. Our son and the child are US citizens and our daughter-in-law is a Chinese National. What, if anything, do we need to do ...

    Orsen’s Answer

    There is so much that you are not telling us. You say "my husband" but you don't say that you will be caring for the child. You don't give the age of the child. The facts are confusing and incomplete. But, the parents of the child will have to give the grandparent(s) a power of attorney in a specific form to care for the child so that he will have authority to consent to medical treatment, enroll in school, etc. Consult with a family law attorney to obtain this. The grandparent's medical and hospitalization insurance will NOT cover the child. The child needs its own coverage. Guardianship does not apply in this case because the child's parents are living and their parental rights have not been terminated.

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  • 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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  • I'm 18. In their will, my parents have made me the guardian of my 12 y.o. brother upon their deaths. What do I need to know?

    Due to the financial and moral irresponsibility of all my extended family, my parents have named me the sole guardian of my 12 y.o. brother upon both of their deaths. I will also be the sole executor of our trustee. If, God forbid, this ever hap...

    Orsen’s Answer

    Suffice it to say that you cannot serve as Executor or Trustee without being represented by an attorney. So, if and when these circumstances occur your first call will be to an experienced probate lawyer who will guide you through it.

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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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