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Questions Answered by Brandon M Haubert
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
PREMIUM
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... View More

Brandon M Haubert
PREMIUM
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
PREMIUM
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
PREMIUM
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.

1 Answer | Asked in Estate Planning for Arkansas on
Q: If the trustee placed a 450,000+ estate in a small estate, and has only herself listed on affidavit for collection of SE

This is still not settled after 1 1/2 years, and there was a will. She had all the siblings sign a release, (this basically said we had zero rights to it, but her name was on it, because (she stated) it had to be this way because she was the distributee) her reason -for this "Our father... View More

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

You can file to become the personal representative and then the affiant has to account to you for their actions. The best bet is to have a consultation with a lawyer.

1 Answer | Asked in Probate and Estate Planning for Arkansas on
Q: If someone has not yet died, should the things listed in his will be distributed?
Brandon M Haubert
PREMIUM
Brandon M Haubert
answered on Mar 14, 2017

The Property should only be distributed if that is what the person wants. You can do a probate while the person is alive - if that is something you want to do.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My father passed away last month. He has both a will and a family trust. My mom becomes the exectrix of the

will and is trustor of the trust. Do we need to file anything with the state?

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

You might. It will depend on what your father owned and how it was titled. If he owned it in his name and his name alone with no beneficiary designation, then you may need to open a probate.

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Q: My Daughters have a power of attorney on me! I'm 86 and of sound mind. I don't wish for my daughters to have power

I want to do a hand written will and notarize it naming another person ca I do this?

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

You can revoke the power of attorney by signing a new one or just signing a revocation of the old one. You can draft a handwritten will if you want, but it will not revoke the power of attorney. That being said, a simple revocation of power of attorney will do that.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Step-mom filed probate and I, as my father's only child, has not been notified. What are my options?
Brandon M Haubert
PREMIUM
Brandon M Haubert
answered on Mar 14, 2017

You can object to her being appointed as the personal representative, ask for her removal, demand an inventory, and demand an accounting.

1 Answer | Asked in Probate for Arkansas on
Q: My dad inherited 12 acres from his mom. He put deed in his and wife's name. He never spent any money on it. He died. No

Will can. She dies can her kids get money from his land when s old

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

Yes, she will inherit the land from him. It will go wherever she says, she can sell it, she can give it to her kids.

1 Answer | Asked in Divorce for Arkansas on
Q: Where can I find a reasonably priced divorce lawyer?
Brandon M Haubert
PREMIUM
Brandon M Haubert
answered on Apr 25, 2016

The price of a divorce typically depends on the reasonableness of those getting divorced. The less fighting and more reasonable the client, the more reasonable the price. The more fighting, the higher the price.

1 Answer | Asked in Business Formation for Arkansas on
Q: If I move to Arkansas and start a business in Arkansas, does that classify me as a resident of Arkansas?
Brandon M Haubert
PREMIUM
Brandon M Haubert
answered on Apr 25, 2016

No. Residency tests are different for different areas of the law, e.g. the test for college tuition is not the same as the test to file divorce. You need to look into exactly what you are trying to claim residency for. That being said, if you move to Arkansas and get a place to live, Arkansas... View More

1 Answer | Asked in Business Formation for Arkansas on
Q: What are the laws in Arkansas for a general blacksmith who wants to start their own business?

By general, I mean farm tools, repairing any equipment, but also making swords, knives etc

Brandon M Haubert
PREMIUM
Brandon M Haubert
answered on Apr 25, 2016

You can form either an LLC or a Corporation at the Secretary of State's website. You may want a consultation with lawyer and accountant to discuss what type of entity and tax setup is best for you.

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