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Questions Answered by Brandon M Haubert
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...
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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 being greedy an not... 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.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Is an unwitnessed handwritten will valid in Arkansas?
Brandon M Haubert
Brandon M Haubert answered on Jun 8, 2017

Yes, if it fits the requirements of a holographic Will.

28-25-104. Holographic wills generally.

When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible...
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1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: Are there any laws stating landlord's have to follow health and/or safety codes?

My lease states landlord is responsible for repairs. The maintenance person that works for my landlord tells me they are busy & won't do repairs. I have a letter in writing signed by my landlord stating that the repairs I mentioned, will be done within a week of the letter. That was in November

Brandon M Haubert
Brandon M Haubert answered on May 25, 2017

You need to take your lease to a lawyer for review. In Arkansas, generally in a party to a contract materially breaches the contract, then the other party is released from performing under the contract.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Can a family member who's convicted of a felony be a guardian of a minor in arkansas

I am the maternal grandmother of the minor child and my daughter is homeless and using drugs. The child has been residing with me for over 3 months. Can I legally be a temporary guardian in arkansas? I am not convicted of any violent crimes nor have I had a history of drug use or criminal activity... Read more »

Brandon M Haubert
Brandon M Haubert answered on May 25, 2017

The only way to be a guardian is to be pardoned by the governor. You can look at § 28-65-203. Qualifications of guardian

http://law.justia.com/codes/arkansas/2016/title-28/subtitle-5/chapter-65/subchapter-2/section-28-65-203/

(a) A natural person who is a resident of this state,...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: If a felon is caught in possession of a fire arm by certain person, but is a non violent felon, what happens
Brandon M Haubert
Brandon M Haubert answered on May 25, 2017

You are still a felon in possession. You need to hire a lawyer to assist you.

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: How can I end my lease early?

My home has been broken into. Repairs aren't being done. My lease states landlord is responsible for repairs. I have in writing signed by landlord that repairs I told him about (In writing) would be done within a week of his reply. That was Nov 12, 2016. My car was broken into, vandalized & caught... Read more »

Brandon M Haubert
Brandon M Haubert answered on May 25, 2017

You need to take your lease to a lawyer for review. In Arkansas, generally in a party to a contract materially breaches the contract, then the other party is released from performing under the contract.

1 Answer | Asked in Probate for Arkansas on
Q: What happens when a will is not probated within 5 years of $100,100.
Brandon M Haubert
Brandon M Haubert answered on May 25, 2017

The will cannot be probated if it is 5 years after the date of death of the decedent. Depending on what type of assets they are - land, bank account, cars - you can use different documents to transfer the interest. You should contact a lawyer to assist you.

2 Answers | Asked in Estate Planning for Arkansas on
Q: Is there any way to make a dynasty trust good for only the oldest child born?

I have a good amount of land and do not want it split up and sold off, I want to keep it together. Is absolute primogeniture an option when setting up a dynastic trust?

Brandon M Haubert
Brandon M Haubert answered on May 24, 2017

You can make whomever you want the beneficiary or trustee. If you just want the oldest child to inherit, that is fine and you can put language in there to that effect. Make sure you are creating a trust that effectuates what you want. Do not leave it to the oldest child because "they know what to... Read more »

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1 Answer | Asked in Child Custody for Arkansas on
Q: Should I move to dismiss?

I filed a motion for change of custody and contempt pro se. I served my ex via certified mail. He picked it up at the very last moment. He also filed a motion for emergency suspension of visitation and contempt about 5 hours after I filed mine and served me with a process server the very next day.... Read more »

Brandon M Haubert
Brandon M Haubert answered on May 23, 2017

Counterclaims are typically used in response to Complaints. From the info in the question it appears you filed a motion. He would need to file a Response to your Motion. That being said, being served matters, technically he is should to respond to your motion and you should to respond to his.... Read more »

1 Answer | Asked in Consumer Law and Collections for Arkansas on
Q: Can my vehicle be taken by credit card company due to default judgement against me?

I have a default judgement against me from the credit card company, Discover.

I am filling out a schedule of assets.

The only thing I own is my vehicle.

Can it be taken from me?

Brandon M Haubert
Brandon M Haubert answered on May 23, 2017

You can claim some of your property as exempt from judgment creditors. If your property is does not fall with the judgment creditor exemption, then you may want to file bankruptcy to protect it. In either case, you may want to talk to a lawyer about your situation.

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