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Questions Answered by Stewart Whaley
2 Answers | Asked in Estate Planning for Arkansas on
Q: How do you find how much is in your estate
Stewart Whaley
Stewart Whaley answered on Jul 5, 2020

Hello,

I'm not quite sure I understand the question. Are you wanting to know what in your own estate or the estate of a loved one who has passed away? If the loved one owned property that needs to be probated, the personal representative will have to file an inventory in the probate...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord has not returned my security deposit nor contacted me & its been over 60 days. What can I do?

he has my address, won't answer calls. He's avoiding me.

Stewart Whaley
Stewart Whaley answered on Jul 2, 2020

If you gave him a good forwarding address and he didn't send you a refund of your deposit or an itemization of how the deposit was used (i.e. repairs, unpaid rent, etc.), then you can sue your landlord in small claims court. If you win you may be entitled to additional damages if your... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: My dad died & left everything to mom in his will with me as executor. Do I have to file the will with court records?
Stewart Whaley
Stewart Whaley answered on Jun 29, 2020

Whether the will needs to be probated depends on what was in your father's estate at the time that he died. If the estate had property that was only in his name and that did not have beneficiaries listed, then the will may need to go through the court process known at probate. If your... Read more »

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: I am a beneficiary having issues with personal representative, should I contact his attorney or get a attorney myself?

My brother was a resident and died in Arkansas in 2014, leaving no known will. No wife or children. 3 siblings and one was appointed personal representative.He lives and works in Arkansas and bond was also waived. Have never been provided any documentation of estate, real estate property has been... Read more »

Stewart Whaley
Stewart Whaley answered on Jun 29, 2020

It sounds like you need an attorney. The probate administration should not take ten years. Your sibling who was appointed at PR for the estate is not fulfilling his or her duty. If you would like to reach out for a consult, you can contact me at(501) 891-6000 or at dustin@wh.law

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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

Stewart Whaley
Stewart Whaley answered on Jun 16, 2020

Probate is a court process that allows property to transfer to an heir or beneficiary after someone dies. A deed to land can be issued by the personal representative during the probate process. If you would like to talk about your case to determine whether probate is needed in your situation,... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Arkansas on
Q: There's not a cohabitation clause in my divorce/ custody order. Everything is final now. But could I get in trouble?

My ex said that that that if my fiance moves in and spends the night while I have my kids, he is going to press contempt of court charges on me. But there is nothing in our divorce or custody papers saying my fiancee can't live here or spend the night while my kids are here.

Stewart Whaley
Stewart Whaley answered on Jun 2, 2020

If it is not addressed in the divorce or custody document you wouldn't be in contempt (it is frequently included, so make SURE that is the case). However, he can ask the court for a modification to restrict cohabitation.

I would expect that to be successful. Conservative state,...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: I had a detective ask me to come in to answer some questions about harassment. How much trouble Am I in?

My dtr won’t speak to me. I called her husband several times he won’t answer. I sent my dtr a text letting her know I would like to talk, if not I would see a lawyer and file for visitation.

Stewart Whaley
Stewart Whaley answered on May 27, 2020

Without all of facts, messages, etc. it is not possible to determine. It could be a misdemeanor, it could be a felony. Either way, you are not required to speak with the detective. You should consult an attorney and present more information during the consult. Don't put any additional... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: How does a man with 2 counts of 1st degree sexual abuse get off the registry and what do they have to do
Stewart Whaley
Stewart Whaley answered on May 19, 2020

Does he live in Arkansas? Was the conviction in Arkansas or out-of-state? Are the charges in the same case or separate cases? If convicted in two separate cases (different case numbers) he is not eligible for removal.

If the conviction is an aggravated offense or the offender level is 4,...
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1 Answer | Asked in Traffic Tickets for Arkansas on
Q: Can I fight a ticket for drug paraphernalia if they messed up my cars model on the ticket? I drive a XLS!

I drive a XLS and they put UTS, is that enough to fight the ticket! My vin number and license number are correct?

Stewart Whaley
Stewart Whaley answered on May 9, 2020

No, not just because the model is wrong. There may be other ways to attack the ticket, but that isn't going to make or break it.

1 Answer | Asked in Divorce for Arkansas on
Q: I am in the middle of my divorce, husband says he has no 401k, how do you successfully check for assets?
Stewart Whaley
Stewart Whaley answered on May 3, 2020

Hire an attorney. Discovery will force admission or denial, and production or withholding of 401K documents. Compare that to what responses from his employers . There is no "check for all assets" database, but discovery will help. You may need to hire an accountant.

1 Answer | Asked in Child Support and Family Law for Arkansas on
Q: Can someone be charged with child support if there are allegations that the child is not yours biologically?

My fiance was just served with a summons regarding child support that was on a child that might not be his. I am just wondering if we can prove that he is not the father, can she still charge him with child support.

Stewart Whaley
Stewart Whaley answered on Feb 5, 2020

he needs to request a court-ordered paternity test performed as part of the child support action. If it excludes him from being the father, he will be fine. Of course, if it does not, he will be adjudicated the father and owe support.

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: DFW, TX resident, recently rcvd 3/1 tkt (speeding over 15 mph, reckless driving -1st dg, endanger welfare) in AR

I rcvd 3 tickets traveling thru AR to Memphis for MLK DAY, I would like to obtain an attorney due to the seriousness of the charges & the discrepancies from the Troopers verbal statements vs the charges listed on the citation. Will obtaining an attorney help w/ possible deferred adjudication on... Read more »

Stewart Whaley
Stewart Whaley answered on Jan 22, 2020

Maybe, maybe not. There are several issues the attorney would have to evaluate, some may not be apparent until discovery is reviewed. What Arkansas county were you in and what court is listed on the ticket?

1 Answer | Asked in Child Support for Arkansas on
Q: Can you have a warrant for not paying child support fees only?
Stewart Whaley
Stewart Whaley answered on Jan 15, 2020

Yes. Depending on the facts, the parent can face a misdemeanor or felony. Ask the judge for a body attachment (civil warrant) and they often "find" extra money after being hauled before a judge that explains they are about to spend a some time in jail.

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I use an Amber flashing light on m car that I use as a Hazzard light. I got a ticket. What the max fine?

I use it so people can't say they didn't see me when they hit my car. I've seen others use similar light too while driving. Why did I get a ticket for Hazzard light use .

Stewart Whaley
Stewart Whaley answered on Jan 2, 2020

It is running all the time becasue you want people to always see it?

If so, it sounds like a violation of 27-36-208(c). You aren't an authorized emergency vehicle, only using it as a turn signal and "just driving" is not an unusual traffic hazard.

27-36-208(c)...
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2 Answers | Asked in Criminal Law for Arkansas on
Q: Is it legal in Arkansas to use deadly force to protect others?
Stewart Whaley
Stewart Whaley answered on Nov 28, 2019

In VERY rare circumstances and it should be avoided if possible. See Arkansas Code § 5-2-606. Use of physical force in defense of a person and § 5-2-607. Use of deadly physical force in defense of a person.

Despite your interpretation of those statutes, you should remember to err on...
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1 Answer | Asked in Family Law for Arkansas on
Q: I am married out of Florida. I currently reside in Arkansas with My Step Son and my Children.

My husband is the father to my Step Son and 2 of my young children. He was currently incarcerated and then extradited on a separate warrant to Florida. I am looking to divorce him. His Mother (the grandmother) has a signed notarized letter of custody for my Step Son made a few years ago. His bio... Read more »

Stewart Whaley
Stewart Whaley answered on Nov 28, 2019

You need to consult an attorney. There are unanswered facts that will deteremine how you might proceed. If the notarized letter is not a court order, it does nothing. From the information provided, you are not a biological parent and do not have legal custody established. Grandmother has done... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What is the difference between battery and assault?
Stewart Whaley
Stewart Whaley answered on Sep 26, 2019

Battery - cause actual harm.

As in, I just hit you with a bat.

Assault - threaten to cause harm. As in, I’m going to hit you with a bat!”

2 Answers | Asked in Child Custody and Family Law for Arkansas on
Q: I have a friend who has a 15 year old son who is depressed & wants to go live with his father is this legal w/I court?

The two parents have a custody agreement with the father seeing kids every other weekend. The mother doesn’t communicate with the dad she communicates with the dads father instead. He pays child support & the son has mentioned self harm due to feeling like this is the way out of there. He... Read more »

Stewart Whaley
Stewart Whaley answered on Sep 6, 2019

I agree with Patrick.

Also, even though he is 15, a parent willing to put a child on the stand to testify in a mom vs. dad situation is not going to score well with the judge. Best if this can be agreed without a hearing.

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1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I have a failure to comply MISD. They issued a warrant and bond is $910.00. Will they take me to jail if I pay part of t

They have issued a warrant but I can’t pay the full $910. Will they take payment plans without taking me to jail?

Stewart Whaley
Stewart Whaley answered on Sep 4, 2019

Ticket in Arkansas (I see you are in TN)? It varies from court to court, really. You will have to appear on the warrant, then address the misdemeanor. Depending on the court, an attorney could make a big difference in how all it plays out (maybe get the FTA dropped, negotiate the fine down, etc.).

1 Answer | Asked in Estate Planning for Arkansas on
Q: Can I buy a house in my son’s name (11yrs old), so that husband cannot take over half of this asset, in case of divorce?

My son is my husband’s step son, and my husband mistreats him and I want to secure something for him, that’s not in my name, so my husband doesn’t take advantage of the situation

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

Are you buying the home with marital assets? If so, it is marital property even if you buy it for your son. Consult an estate planning attorney.

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