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Questions Answered by Brandon M Haubert
1 Answer | Asked in Consumer Law, Estate Planning and Insurance Bad Faith for Arkansas on
Q: My mom passed away in June and incurred 250,000 dollars in medical debt. If I'm making payments can they take my home?

My mom passed away from cirrosis in June and the insurance company denied her claim. Since then My step-dad was trying to be in control of paying the medical bills but he is elderly and received a collection notice from one doctor which means he's missed some of the bills. I'm the... Read more »

Brandon M Haubert
Brandon M Haubert answered on Nov 30, 2021

You need to discuss your options with an Arkansas probate lawyer. Your mother's estate may be insolvent and the bills may not need to be paid. The house may be protected depending on how it was titled. You need to discuss your options with a lawyer. You probably are not liable for any of the... Read more »

2 Answers | Asked in Probate for Arkansas on
Q: Person named in will as executor of will refuses to probate will, what can the beneficiaries do to get will probated
Brandon M Haubert
Brandon M Haubert answered on Nov 30, 2021

You can either file to appoint that person and force them to serve, and if they refuse then you can serve. Or you can file to appoint yourself or someone else, and if that person objects then you can use them refusing as evidence as to why they should not be appointed. You need to talk to an... Read more »

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2 Answers | Asked in Estate Planning, Collections, Elder Law and Probate for Arkansas on
Q: My grandfather passed away last year. My mother is executor of his estate. My grandmother is alive. He had a will.

I was supposed to receive an inheritance. My mother claims that I cannot receive that until my grandmother passes away. My brother received a new truck and boat that I’m aware of. Is she lying to me ? I have a distant relationship with my mom, but it just seems as though she is flat out lying to... Read more »

Brandon M Haubert
Brandon M Haubert answered on Nov 30, 2021

It depends on what the will says and how the property was titled at your Grandfather's death. It is completely possible that your mother is not telling you the entire truth. It is also possible that your brother did not receive an inheritance, but a gift instead. You need to talk to an... Read more »

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: What does it mean when a realtor says the estate hired them to sell my house
Brandon M Haubert
Brandon M Haubert answered on Nov 30, 2021

You need to hire an Arkansas Probate lawyer. There are several ways to attack this situation and you understand your options so you can protect your interests.

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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Does a Letter of Administration give immediate access to deceased personal bank acct without probate or small estate?

My dad died almost a month ago without a will. His estranged wife isn't communicating with me about the affairs of his estate since we received death certificates. They were separated (not legally) and had not lived together for 5 years. His personal bank account was solely in his name and had... Read more »

Brandon M Haubert
Brandon M Haubert answered on Nov 3, 2020

You need to open a probate. You will most likely need the court to render a decision on who gets the money and probably go through the discovery process to figure out what happened with the money. The small estate affidavit process does not work in contested matters. She may have already filed a... Read more »

3 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: What is probate,

Yes was left a home in a Will but having trouble getting deed what do I need to do and don't know what probate is

Brandon M Haubert
Brandon M Haubert answered on Jun 17, 2020

Probate is the process of administering a dead person assets. I am unsure exactly what is happening in your case because I do not have enough information. But generally, you would probate the deceased person's Will and then the estate would deed you the property from the dead person's... Read more »

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2 Answers | Asked in Bankruptcy for Arkansas on
Q: car lot came got my car. now there is lawsuit. not served me papers but heard they left papers at old house.

I have no money as im going through hard time what do I do?chapter 7 bankrupcy help me?

Brandon M Haubert
Brandon M Haubert answered on Apr 21, 2020

A Chapter 7 bankruptcy would most likely help you. You need to talk to a bankruptcy attorney and figure out your options. Chapter 7 would stop the lawsuit and you would get to discharge the money you owe on the car as well as any other dischargeable debts.

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1 Answer | Asked in Probate for Arkansas on
Q: How long are they allowed to keep probate open ?
Brandon M Haubert
Brandon M Haubert answered on Jan 19, 2020

There is no time limit to close a probate. However, if the personal representative is not doing what they are supposed to (managing the assets, filing an inventory, filling accounting, etc) then you can file to have those things done and possibly;ly to have the personal representative removed.

2 Answers | Asked in Bankruptcy for Arkansas on
Q: What is the most you can make income wise to file for a chapter 7 bankruptcy in Arkansas?

My gross adjusted income was 88,000. I have 3 children and take care of my 2 in-laws. I have unsecured debt of about $150,000. My bills are current only because I move money around to make all the payments but no matter how much I work and overtime I put in, the debt keeps climbing.

Brandon M Haubert
Brandon M Haubert answered on Nov 22, 2019

There is not a direct answer on that. For a household 6 the income is median income is $84,541. If you are above that income (which you are) you are subject to (you must take and pass) the means test to file Chapter 7. We could run the means test calculation and see of you passed (Ch 7) or failed... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Arkansas on
Q: How do I pay my deceased mom's debts?

My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.

Brandon M Haubert
Brandon M Haubert answered on Aug 28, 2019

You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.

You should speak to a lawyer about the debts owed and...
Read more »

2 Answers | Asked in Bankruptcy for Arkansas on
Q: I'm being sued an think it's unfair an trying make me pay far more than owed an want file bankruptcy to stop it

Because I'm a single mother an if they garnish my wages I won't survive the reason behind the law suit is 2 cars got repossessed one because I lost my job at the time an 2 I was trying help my daughter who was in college an just got behind I'm human it happens n people like this... Read more »

Brandon M Haubert
Brandon M Haubert answered on Mar 26, 2019

You need to call a bankruptcy lawyer. Filing bankruptcy will help with all the issues you mentioned in your question.

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3 Answers | Asked in Bankruptcy for Arkansas on
Q: My mom passed with no will I'm bout to lose her house to foreclosure can I file bankruptcy to save house
Brandon M Haubert
Brandon M Haubert answered on Feb 7, 2019

Yes. You can file Chapter 13 to save the house. Are you the only child? Did anyone else inherit.

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1 Answer | Asked in Estate Planning for Arkansas on
Q: What document is needed to make an amendment to the trust to add a successor trustee?

There are mutual funds under one account and one property. The successor trustee already has the certification of appointment of successor trustee for the mutual funds but there has not been any amendment made to the trust.

Brandon M Haubert
Brandon M Haubert answered on Oct 18, 2018

You may not need an amendment to do so, if the successor was named in the original trust.

1 Answer | Asked in Estate Planning for Arkansas on
Q: I live in Ark. If my husband dies without a will does everything of his go to his children before his spouse?
Brandon M Haubert
Brandon M Haubert answered on Oct 18, 2018

No. First, you have to see how everything is titled. If it was titled as husband as wife, then it will go to you before his children. If it was in his name and he had named beneficiaries, then it will go to the beneficiaries. If it was in his name without beneficiaries, then it will go to his... Read more »

1 Answer | Asked in Elder Law for Arkansas on
Q: If a legal guardian is found guilty of exploitation of an elder person- do they get removed from their custody?
Brandon M Haubert
Brandon M Haubert answered on Oct 18, 2018

Yes. I am not sure what happened, but if Adult Protective Services was contacted and found the guardian was not acting appropriately, then you can get the removed. This may not happen automatically. You may have to petition the court and remove the previous guardian and get appointed yourself.

1 Answer | Asked in Probate for Arkansas on
Q: Can I settle an estate only using the small estate affidavit or do I need to get a new EIN and open an estate account?

The deceased resided in Arkansas

Brandon M Haubert
Brandon M Haubert answered on Oct 16, 2018

If the estate qualifies as a small estate, then you can settle without opening an estate account. Under the small estate statute items should be delivered to the affiant and the affaint is liable as a trustee to the other heirs and devisees. It also is a practical problem of dealing with banks and... Read more »

2 Answers | Asked in Bankruptcy for Arkansas on
Q: I have a chapter 13 that I can not pay it will be discharged in 30 days. What should I do
Brandon M Haubert
Brandon M Haubert answered on Oct 16, 2018

Yes, call your Ch 13 lawyer and discuss converting to a Ch 7.

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1 Answer | Asked in Probate for Arkansas on
Q: Can an executor get paid by the estate that is in probate in arkansas ?
Brandon M Haubert
Brandon M Haubert answered on May 21, 2018

Yes.

1 Answer | Asked in Probate for Arkansas on
Q: My ex husband passed away an we had 1 child. He remarried. Far as we know everything was in my exhusbands name.

Does the wife have the rite to everything or does it go to the child?

Brandon M Haubert
Brandon M Haubert answered on Mar 16, 2018

It depends on how it was owned. If it was in the ex-husbands, the child inherits. Get a lawyer and protect the kids rights.

1 Answer | Asked in Estate Planning for Arkansas on
Q: If all beneficiaries of an irrevocable trust agree, can 100 per cent agreement remove a current trustee in Arkansas?
Brandon M Haubert
Brandon M Haubert answered on Jul 24, 2017

It depends in the language in the trust. The trust could limit the trustee's removal. If you don't have a copy of the trust, you can request one from the trustee. Then go see a lawyer.

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