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Orsen E. Paxton

Orsen Paxton’s Answers

2,760 total


  • Father purchases home with cash. Son and family move in. Father passes. Is there a claim for portion of the house by siblings?

    Title of home is in father and sons home. Sibling #1 and grandfather are trustees of the estate.

    Orsen’s Answer

    I'm sorry but very little of this makes sense. Just "moving in" does not create ownership. If your father used his cash to buy the home but the deed was issued to him and his son then that creates joint ownership with the son. Estates do not have trustees. If your father had a Will then there is an executor and the Will states how property passes. If your father did not have a Will then there is an administrator and Texas law says how property passes. Both executors and administrators are appointed by a court in a probate proceeding. You really need to consult with an experienced probate lawyer to get an answer.

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  • Will a special needs trust protect our families land?

    My father will be entering a nursing home soon with payment being provided through his SS money and Medicare. I was recently told that Medicare can put a lien on the property for "X" amount of expenses incurred during his stay in the nursing home....

    Orsen’s Answer

    Medicare payments do NOT create a right of reimbursement. Medicaid payments DO. You may be confused as to what type of payments your father will receive. The nursing home should be able to make this clear to you. If it is Medicaid, there are ways to protect your father's assets. A Special Needs Trust is probably not a tool for him. This is highly technical stuff. He really needs to consult an experienced Elder Law attorney.

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  • Do I have a claim for tortious interference and or anti trust?

    Recently I was offered a wonderful job opportunity to make more money. After I gave notice my current boss call my future boss and that same day the offer was rescinded. I now have no choice but to stay with the current company. Im appalled that t...

    Orsen’s Answer

    I hope you understand that we do not give specific legal advice on this site. We address legal issues and concepts in general terms. You are looking for specific advise. You need to consult with an experienced business lawyer. There are so many facts that you don't provide and, frankly, that you can't provide in the space given. Do you have a contract? Did you put down your current employer as a reference? What did the current employer say to the prospective employer? Did you sign a non-compete with your current employer? Do you even know if you did or did not? These are just a few of the questions that a lawyer would ask you. But, it is worth investigating.

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  • Frontier will obtain 1.6 mil Verizon Fios customers next year, will that acquisition nullify existing 2-year contracts?

    If my bill will have Frontier on it instead of Verizon, I wonder if I can cancel my FIOS account without early termination penalty. The penalty is nearly a grand for a small business account.

    Orsen’s Answer

    • Selected as best answer

    Assignment of a contract does not nullify the contract.

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  • On the fence about filing suit for fairly decent breach of contract (rent).

    Could it work like this (of course no guarantee). I file suit and get a judgment. The person is not in the best position now but if eventually he buys a house down the road I just place a lien on his house (sorry I don't know the specific legal te...

    Orsen’s Answer

    • Selected as best answer

    Essentially, yes. A judgment must become final and then be abstracted. The Abstract of Judgment must be filed in the real property records in every county in which the debtor owns real property in order to constitute a lien on the real property in that county. An Abstract of Judgment is valid for 10 years. To keep it alive and renew it for another 10 years a Writ of Execution must be served on the defendant before the 10 year expiration. Rinse repeat.

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  • In a Texas Series LLC, what happens if a suit is filed against you in a state that does not recognize S-LLCs?

    As of mid 2014, 13 states have adopted Series LLCs. Given this is somewhat new law, would the SLLC be redacted to a GP or LLC in a state that does not utilize SLLC? So far I have not been able to find any case law on the subject, even Go...

    Orsen’s Answer

    It is never a good idea to be the test case. Even if we had a good white horse case in one jurisdiction it would not be terribly instructive in another. I am personally pessimistic. If you don't have a compelling reason for a SLLC, then don't.

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  • How to get my brother out of house so it can sell. I've applied for executorship and waiting on hearing. Reverse Mortgage threat

    The belongings in the house were boxed up by me and locked up in my Mothers room. He has broken in to the room and removed items before the estate has been settled. Also was living there with no running water until the city kicked them out for lac...

    Orsen’s Answer

    If you have filed an application for letters testamentary then you have a lawyer. Ask him/her. We are not here to second guess lawyers who have been hired. Once you are appointed your lawyer can handle this.

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  • Can bowie Cass electric turn off my power if the bill is paid in full before the due date because the bill is not in my name?

    I live in a home owned now by my mother in law. The electric services have been in grandpa's name for 30 years. He has passed on and my mother in law inherited the home. She let's us, me my husband and our son live here. She is currently in Louisi...

    Orsen’s Answer

    A utility supplier is allowed to require a deposit from either the owner of the property or a person renting the property. You are neither.

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  • Do I need a Contract Lawyer?

    My name is Arnold and recently moved to Austin. I found a room that was $500 a month In south Austin with an acquaintance named Kira and moved in January 1st 2015. In February I ended up quitting my job at Home Depot (And now work at State Farm) a...

    Orsen’s Answer

    Texas law permits oral agreements in certain circumstances. But, let's put that aside for the moment. If you don't pay, what is she going to do? No lawyer would take her case. Incidentally, agreements to lease property must be in writing.

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  • Consumer Fraud Question - unknowingly signed contract when signing up for single purchase.

    I went into a LA Fitness in Lewisville Texas wanting the buy some personal training session. I was told it was $274 for the 4 sessions. I was told to initial for the sessions and sign for the debit card transaction. All this was on a 4x6 signat...

    Orsen’s Answer

    You never mention actually reading the 4x6 card. The law says that if someone signs a document they are presumed to understand its contents. So, the presumption is that you read it and understood. Testimony that you did not read it will not be a defense. It would be necessary for you to prove that you were tricked into signing it. I didn't see any facts like that in your question. You just chose not to read it. We can't say whether you do or do not have a defense to the contract. You would need to meet with an experienced consumer lawyer to get an analysis and opinion.

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