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Orsen E. Paxton III

Orsen Paxton’s Answers

3,167 total


  • Can wife open an account in my Name WITHOUT my approval or power of attorney?

    Here is the Background, last year when I was stationed in Germany my (soon to be ex) wife went to a phone Provider and opened an account in my and her Name (BUT under my SSN alone) and signed it. At no time I was Aware of that, she never had my ap...

    Orsen’s Answer

    You cannot be held responsible by the phone provider because you did not sign the contract or consent to it. But, it will make a negative report on your credit and that may be difficult to undo.

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  • How do I start a will

    I'm wanting to set up a well and guardianship for my daughter so if anything ever happens to me and my husband everything will go to my daughter and I want my sister to have guardianship if anything happens to me I have no idea how to get starte...

    Orsen’s Answer

    You start and finish by hiring an experienced estate planning lawyer to advise you and draft appropriate documents and see that they are properly signed and witnessed. Your question is like asking "How do I start an appendectomy?" You can watch appendectomies performed on YouTube. That doesn't make you doctor and you sure wouldn't want to attempt it on a loved one.

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  • Can I reopen probate because of fraud?

    My Dad Passed in 1978. There was a trust set up for mineral deeds to pass into upon his death. The trust was not probated till 1993. From 1978-1993 the royalties amounted to $1,700,000. The Royalty checks were made out to Mr. Jon Doe. Mrs. Jo...

    Orsen’s Answer

    In a Comment you finally disclosed that the Will was probated in California. That makes a difference. You need to repost your question with all of the facts and use a California city so that California lawyer will respond. I have to say that if this were in Texas you would probably have a significant Statute of Limitations problem because of how long you have waited to do anything.

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  • How can u take ownership of heir property that u have been paying delinquent taxes on for years? What is B's recourse?

    A passed away & had been paying property taxes & delinquent back taxes on 8 acres of land for many years. The value is not much at all. There were 6 heirs and each heir gets 1/6. A's 1/6 of of the property has to be split 3 ways with B, C, & D wh...

    Orsen’s Answer

    You never mention one word about probate on any of the estates of the deceased persons. Without probate you cannot prove ownership. You can see what a mess results from the failure to probate estates. Also, just paying taxes on a piece of property does NOT create any rights to the property. You mention the land is "set up in A's name". I'm guessing you are referring to the county tax records. Those are not title records. The tax collector will put anyone's name on a tax account in order to collect taxes but that is not evidence of ownership. The county real property records and probate records are how ownership is established. I never advise a client who is one of many heirs to pay property taxes because there is no assurance they will ever get their money back. Think about this. A person with a position adverse to your position is hiring a lawyer. What do you think you should do in response?

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  • Can I take suit against my HOA for Privacy and Defamation?

    I live in San Antonio, TX. I belong to my HOA's Nextdoor Page. This is a social media site set up for our neighborhood and people can post problems in the neighborhood, things for sale, lost dogs etc. I was asked to join by the HOA members. I have...

    Orsen’s Answer

    I don't see any actual monetary damages, at least not enough to interest a lawyer. To have a viable lawsuit you must have both liability and damages.

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  • Is there a more affordable way to qualify an LLC to do business in Texas?

    I run an SMLLC. I wanted to have one independent rep in Texas and qualify my LLC in the state. I was shocked to see that it costs $750 to register a foreign LLC in the State of Texas. The fee is outrageous for small folks like me (and compared to ...

    Orsen’s Answer

    In a word, no. If you are doing business in Texas that requires registration as a foreign entity then you register and pay the fees. The question is whether or not your activities require you to register. The facts you provide are not determinative alone on the issue of "doing business in Texas."

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  • I work for general contractor and have a signed management agreement that provides me a 22pct share of profits on the projects

    I run the business end, sales, estimating accounting and some project managemnt, I am on site an involved daily, the project manager has the same agreement. We are concerned the owner has blown all the money an we won't get paid, can we lien the p...

    Orsen’s Answer

    I do not think you can lien the property for many reasons. Most significantly you are not a subcontractor who provided materials or labor to improve the property. Plus, you can't give the required pre-lien filing notices because there is no "unpaid" balance owed to you. You don't get paid unless there is a profit, and that cannot be determined until completion. Also, I doubt you are an independent contractor either. You are more likely an employee as that term is currently being interpreted by the TWC. But, the only way to know for certain is to consult with an experienced real estate lawyer.

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  • Include an Established/Old Contract Under New LLC

    Hello, I used to work as Independent contractor or as a Consultant with one foreign company (Outside the USA) since 3 years. The contract is between me as Individual and the foreign company. If I setup a new LLC: 1- Can I include my contract...

    Orsen’s Answer

    If the contract does not prohibit an assignment by you, you can assign it to the new LLC but that does not relieve you of personal liability on it unless the foreign company consents in writing to the assignment and your release. I have not seen a contract in 40 years that did not prohibit assignment without the consent of the other party. This is a simple matter for an attorney to advise you on after reading the contract. Spend a few hundred dollars and get an opinion. Also use that attorney to organize your new LLC. 90% of the do-it-yourself organizations of limited liability companies result in problems down the road that cost more to fix than it would have cost to have an attorney do it in the first place, in my experience.

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  • How do I start a private club in my "dry" town to serve alcohol?

    I live in a very small town in Texas. We have no alcohol sales or bars in our town. We do however have a VFW and a Country club, who are allowed to serve alcohol to their members and guests. Both of these establishments are outside of city limits....

    Orsen’s Answer

    I agree with doing some investigating with the TABC. But it does not give legal advice. You are headed down a road with many legal pitfalls. You would do well to consult with an experienced business lawyer. What you want to do can be done but there is a very good chance you will waste a lot of time or run into some walls without experienced legal guidance. For example, it would be foolish to have the building owned by the same entity that operates the club because it would expose that asset to all of the liabilities of the club. Go get some legal advice. Your spending money on investments. Spend some on competent legal advice to protect those invenstments.

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  • If you work for a small business and get paid weekly by check with taxes taken out can the the employer pay you in cash?

    I am current working for a small restaurant business, a mistake was made during business hours and a customer walked off with with an unpaid meal. The owner told his employee that she would have to pay for the meal out of pocket, which she didn't ...

    Orsen’s Answer

    It is okay to pay an employee in cash as long as the employer still makes the Federal deposits for social security and withholding. What is not okay is deducting anything from an employees pay (other than withholding and social security) without the employee's WRITTEN CONSENT. However, employees are employed "at will" in Texas, meaning they can quit anytime for any reason and meaning that the employer can terminate them at anytime for any reason. So, an employee who complains about this deduction can expect to be terminated in all probability.

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