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Questions Answered by Brandon M Haubert
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... 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... 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.

1 Answer | Asked in Adoption, Divorce and Family Law for Arkansas on
Q: I paid a lawyer, got divorced. At court she wanted to terminate my rights of children, I adopted. Do I have to pay more

She hasn't signed my land deed yet nor reply on adoption case is she in contempt and was it wrong laywer charged more for doing nothing

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

You need to contact your lawyer. She is most likely in contempt to not signing over the land, but the kids are a separate issue.

1 Answer | Asked in Domestic Violence for Arkansas on
Q: My boyfriend got charged with demostic violence charge how long can he not be around me
Brandon M Haubert
Brandon M Haubert answered on May 23, 2017

It depends on the Court. The prosecutor typically asks for a restraining order. You should be able to call the prosecutor and ask.

1 Answer | Asked in Real Estate Law and Foreclosure for Arkansas on
Q: Im facing eviction from foreclosure. My home did not sell to an individual. No papers served, but are attempted.

My loan is robo signed. I have a copy of no endorsement or notory. Just my name on a blank paper. Is it possible to stop eviction? Can attourney stop eviction?

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

Yes. You need to consult with a lawyer. You may be able to stop the foreclosure as well.

1 Answer | Asked in Probate and Real Estate Law for Arkansas on
Q: my mothers estate has been filed in Probate. we have sold the house now who handles the money and pays bills

we were under the impression the closing lawyer would handle paying the estate bills. We need to know what the legal process is now that house is sold to disburse the money to pay all debts before dividing the remaining.. My sister and I are co executors

Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

The person in charge of the estate. Was someone appointed as personal representative (executor or administrator)?

1 Answer | Asked in Real Estate Law, Collections and Divorce for Arkansas on
Q: I need a attorney to file a lis pendens for me.

I received a judgement against my husband in divorce for $17,000.i filed it with the county clerk so that if he sold any property it would show up like a lien. He did a quick claim title over to another guy for a house he owned. I want my money and want to file a lis pendens so that nothing can be... Read more »

Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

You need to contact an attorney and send him all the paperwork to look over. Then they can help you.

1 Answer | Asked in Divorce for Arkansas on
Q: I filed for divorce on September20th 2016. Neither of us have appeared to get the divorce decree. Is the divorce granted
Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

No. You have to set a hearing and go before the judge.

1 Answer | Asked in Child Support for Arkansas on
Q: Served with child support .should I go in front of a judge or just sign the agreement with the case worker?

Payment would be 135 weekly I make 430 net weekly. I pay 225 rent weekly in a motel.

Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

If you want to counterclaim for visitation, you should. If you net 430 and have 2 children you should pay 135 a week in child support. Do you have any other child support you are paying? If so, that may lower it.

1 Answer | Asked in Employment Law for Arkansas on
Q: Can a company I work for refuse to pay me over time work then fire me for asking ?
Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

No. You need to consult with an attorney.

2 Answers | Asked in Estate Planning for Arkansas on
Q: RE: Living Trust. Is there any recourse for a son not mentioned in inheritance. Must ALL kids be named?

One of my 2 sons has no contact with me, no one in family even has his phone number or address. I loaned him $ a few years ago and never received repayment. I figured that would be his share, so the rest is distributed equally, 25% for the four kids. He isn't named. Now I'm wondering... Read more »

Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

In Arkansas a child not named can be deemed to be forgotten, not disinherited. The best practice is to name all your children and specifically disinherit the one you wish to. You can do this by stating you are disinheriting the child or leaving them your love and affection.

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1 Answer | Asked in Probate for Arkansas on
Q: Can someone in no way related to a deceased persons estate move into the home while it goes through probate in Arkansas?

There is no will and this person is in no way someone that inherits anything based on Arkansas's state law. And the heirs that will be a part of the probate process do not want this person in the home or on the property.

Brandon M Haubert
Brandon M Haubert answered on Apr 3, 2017

Do they inherit under the will? They most likely should pay rent, but a court would look to see if it is best for the estate for the person to live there.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Can a heirship affidavit be used right after a death, or does a certain amount of time have to pass?

My father passed away without a will. He has two adult children and is not married. His estate is under 100,000. Is it better to use a small estate affidavit or heirship? We know that the small estate affidavit requires a 45 day wait period, but can not find anything regarding a timeframe for... Read more »

Brandon M Haubert
Brandon M Haubert answered on Apr 3, 2017

Yes, if you the children are getting along. If the people are not getting along the affidavit can cause some problems. Also, you must read the affidavit and make sure the estate qualifies - there is more to it than the estate being less than $100,000. No, you can not use it right away - 45 days as... Read more »

2 Answers | Asked in Estate Planning for Arkansas on
Q: If I'm an only child and my mother has already passed, and my dad is getting older. Does he need a Will?

Would like to not go through probate after he passes.

Brandon M Haubert
Brandon M Haubert answered on Mar 15, 2017

If you are an only child you will inherit under law. Only meaning the only child your father ever had. Not the only child still alive. You may want consult with a lawyer on ways to avoid probate.

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1 Answer | Asked in Bankruptcy for Arkansas on
Q: After recently being discharged from bankruptcy, is it safe to contact past creditors?

I have a judgement against me from 2009, and I am in the 7th year. I'm pretty sure the debt was included in bankruptcy, but I'm not 100% sure. Is it safe for me to contact the lawyer in the original case to check the status and ask them to remove from the credit report, or should I just... Read more »

Brandon M Haubert
Brandon M Haubert answered on Mar 14, 2017

You need to get a copy of your bankruptcy documents to see if it was included in them. Then you need to contact a lawyer.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: chapter 13. coming out of it nationstar says we owe3500 now with a forbearance they say we owe double. do we need a lawy
Brandon M Haubert
Brandon M Haubert answered on Mar 14, 2017

Yes. You should contact a bankruptcy lawyer to help you out.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: If I file bankruptcy will it save my house. My house is in foreclosure due to loans from Wells Fargo and Bank of America
Brandon M Haubert
Brandon M Haubert answered on Mar 14, 2017

If you want to file Chapter 7, then you need to get caught up on your payments in order to keep your house. If you file Chapter 13, then you need to keep up the payment pursuant to the plan.

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