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Orsen E. Paxton III

Orsen Paxton’s Answers

3,122 total


  • What is my part with power of attorney

    my dad has dementia, he signed power of attorney to me before he was diagnosed. But he has a girlfriend who has started taking his money, which isn't something that happened before his memory lose. What can I do

    Orsen’s Answer

    If it is a valid Statutory Durable Power of Attorney that does not limit your powers in any way and you have diagnosis of dementia you have the power to take control of his finances. One way would be to open a new account in your name as his agent and move all of his money there. That is an oversimplification but you can do it. You really need the guidance of an experienced estate planning attorney because you owe a very high fiduciary duty as the agent under the Power of Attorney. Common sense and Google will not get you through this. If it is a valid Power of Attorney you do not need a guardianship and probably could not get one because there is a "less restrictive alternative", the Power of Attorney.

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  • Bounced check

    This story continues from the link (please copy and paste to new window)--> https://www.avvo.com/legal-answers/is-writing-a-bad-check-from-state-of-texas-fraud--2647380.html?answer_id=6545963#answer_6545963 However, his business check that h...

    Orsen’s Answer

    I have no idea what Virginia law is and Virginia law may apply because that is where the original transaction took place, I think. But, all states have a Statute of Limitations on lawsuits. In Texas you must file suit to collect a debt like this within 4 years of the date that the debt was due or that the debtor defaulted on the payment. I have no idea what the period would be in Virginia. But, you may have waited too long. As to the recent check that he told you to hold, that may be an acknowledgment that the debt is still valid. You should look at suing him in Virginia in a small claims court.

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  • Is the Insurance Company being Fair??

    My girlfrien was involved in a hit and run accident with an uninsured driver. She got a $7,000 hospital bill. Our uninsured motorist carrier apparently paid $2000 to the hospital to satisfy the bill and now they are only offering her $1000. Can th...

    Orsen’s Answer

    First of all, we don't deal with "fair". Lawyers are not licensed to practice "fair." We practice law. To know whether or not the insurance company complied with its obligations under the insurance policy a lawyer would have to review the coverage clauses, which we cannot do on this site. There are lawyers that specialize in these claims. They are called personal injury lawyers. Consult with one. They generally charge a fee that is a percentage of the amount recovered.

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  • If a vollection agency tries to pull money off a net spend pre pay card, when there is no money on it. Is it bouned check??

    Im a trucker. I dont use banks. I use a net spend pre pay card from walmart. If a vollection agency tries to pull money off a net spend pre pay card, when there is no money on it. Is it concidered like a bouned check?

    Orsen’s Answer

    No. It is not. But I have to type 35 characters so I'll just keep typing.

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  • Can apt manager force rescent maintence and disabled wife to move out without legal eviction. No lease or contract.

    In Waco Texas my spouse was hired as maintenance technician , i have a heart condition and am 100% disabled. We were homeless at the time the job came . Apt manger first hired for 2 weeks as a contractor then stated he would go on payroll BC on pa...

    Orsen’s Answer

    I am so sorry. None of this mess is your fault. There are so many issues here and the law would favor you in almost all of them. You cannot be evicted without her filing an eviction lawsuit. That is certain. But, she will be able to evict you at some point. She can terminate you for any reason that is not a violation of laws prohibiting discrimination. She doesn't have to have a good reason. The value of the free rent is treated as income to you but she does owe for overtime. You may have a claim for unemployment compensation and unpaid overtime.

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  • 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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