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Orsen E. Paxton III

Orsen Paxton’s Answers

3,167 total


  • If my brother took my intoxicated father to open a TOD brokerage account that was payable to my brother, is that legal?

    My brother was the trustee of my dad's money. My dad was a 71 year old chronic alcoholic that was dying from cancer. My dad drank everyday all day. My brother used undue influence while my dad was drunk and took him to open a TOD account I didn't ...

    Orsen’s Answer

    You have two questions: 1) Is that legal? 2) Would the bank be liable? "Legal" and "illegal" are terms that are typically restricted to conduct that does or does not violate a criminal statute of some kind. So, they do not really apply to the facts of your situation. District Attorneys prosecute illegal activities. There probably was no crime committed based on these facts only. Civil "liability" arises from a breach of a contract or duty owed and some kind of damages. Civil liability claims are pursued by the individual who claims he was damaged. It may be very difficult to prove that the bank owed you a duty of any kind. Your brother, however, may have breached several duties to both you and your father depending on additional facts. The reality is that unless there is a great deal of money involved it is not a very attractive case for a lawyer to take. Your facts speak as if your father is now deceased. If that is correct, it is possible that you might be able to be appointed the administrator of his estate and pursue the claim against your brother in that capacity. If your brother held a power of attorney for your father he probably breached his fiduciary duty under it. If those facts exist, then the lawsuit by your father's administrator becomes much easier. There still would need to be substantial damages to make it worthwhile.

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  • I need to complete a small estate affidavit so I can collect my Mother's life insurance benefits

    My husband was the beneficiary of Mom's life insurance but he preceded her in death.

    Orsen’s Answer

    An estate must "qualify" in order to use a Small Estates Affidavit. Many fail on the issue of assets exceeding liabilities. Others fail because there is a Will. A Will disqualifies this procedure.

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  • Is it a legalittle final contract

    My X wife is wanting me to sign a provisional contract exchanging household goods that are not mentioned in the divorce decree. If I sign I'm a legally bound to it? What is provisional contract?

    Orsen’s Answer

    Titles on documents mean nothing. If you sign an agreement to do something and there is sufficient consideration exchanged to support it then it will be upheld. No one can advise you as to the effect of a specific agreement without reading it. Take it to a lawyer and get an opinion.

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  • Can I sign a work contract that says my employee can hold my final payment check for 4 weeks?

    I signed a contract saying my employer can hold my last paycheck for 4 weeks if I quit without notice. Is this legal even though the final payment laws in Texas says I should be paid by the next pay day for work that I have already done?

    Orsen’s Answer

    You are asking, "Can I do what I have already done?" Yes, you can. You did it. What you really mean is "Is a written consent to hold my paycheck for a period longer than what Texas law provides, enforceable?" Yes, it is.

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  • What is the difference between an executory contract a lien note and deed of trust or is it a difference

    I have read where laws of the three are somewhat applied different

    Orsen’s Answer

    Mr. Lautin has given you an excellent response. My only additional comment would be that Texas does not favor contracts for deed and the law is constructed so that a seller using that mechanism is under a considerable burden to comply with the law. It is easy to mess up, in other words. I never recommend it.

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  • What is considered an informal fiduciary relationship in Texas

    If my sibling was the one who took care of my elderly alcoholic father and he depended on my sibling for everything, is that an informal fiduciary relationship?

    Orsen’s Answer

    Those are facts which might support an allegation of informal fiduciary duty. An informal fiduciary duty depends in part on a "special relationship". Family relation can be that special relationship. But, you are going to need an analysis of all of the material facts by an experienced attorney.

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  • Can I send my son to live with his uncle out of state without his dads permission?

    i want to send my son to live in Georgia with his uncle, but his dad my husband wont allow it can I sign a power of attorney or a guardianship document without his fathers approval? If I send him anyway and enroll him in school what can happen?

    Orsen’s Answer

    This is not a guardianship issue. Guardianship does not apply here at all. You never state it but I am going to assume that you and the father are divorced. If so, then the final decree addresses this issue and probably prevents it. If you are still married then it gets a little more murky. You could certainly send him but you cannot give his uncle the authority to enroll him without his father's consent. Plus his father could go get him and the uncle could not stop him.

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  • Alzheimer's - Medicaid (miller's trust maybe) Do I have to use Elder Care Lawyer

    Mom & Dad live in their home. Mom been his caretaker since Alzheimer diagnosis, but can no longer. Cannot afford memory care, so nursing home - cannot afford either - so Medicaid. Possibly miller's trust (total monthly income 4,000 - 3,000 is his)...

    Orsen’s Answer

    Ask the Medicaid attorney how many Miller Trusts he/she has prepared. They may have the expertise and experience to do it. Otherwise, find someone who does. Titles are cheap. Ask about experience.

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  • Can

    Boyfriend works for his gpa and lives in one of his houses pays rent and bills the dish bill was never in my boyfriends name we paid couple months of it and couldn't afford it anymore so told grandparents to turn it off they said they did well the...

    Orsen’s Answer

    The law in Texas prohibits employers from deducting anything from an employee's paycheck other than withholding and social security, unless the employee has agreed to the deduction in writing. The law in Texas also says that an employee can terminate an employee at any time for any reason or no reason (with a few exceptions that don't apply here). So, your boyfriend can turn grandpa into the state for making an illegal deduction and then grandpa can fire him. Grandpa could even just evict you all and not fire him.

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  • I'm the primary on a car loan with an ex boyfriend, legally, what can happen if he fails to make payments?

    I'm the primary on a car loan. My ex is the secondary and has had full possession of this car for a year. And he has repeatedly been late,months. It's hurting my credit, I've been making some payment as I can just to keep it from repo but I can't ...

    Orsen’s Answer

    You do not state how the car is titled. If by some fortunate miracle the title is in your name, then you have a superior right to possess the vehicle and if you could locate it you might be able to peacefully retrieve it, sell it, and payoff the note. If title is in both your names then you have a right of possession that is equal to the other owner's right. Problem is you can't sell it without the other owner signing off on it. You have very few good options here and the likelihood of your credit being damages even more is high. You might even be better off by locating the vehicle (a private investigator can probably do this), informing the lender of its location, and cooperating in its repossession. That will also damage your credit however.

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