Robert William Haley’s Answers

Robert William Haley

Bassett Probate Attorney.

Contributor Level 11
  1. Will????

    Answered about 2 years ago.

    1. Robert William Haley
    2. Margaret Ann O'Reilly
    3. Jonathan J Goldberg
    4. Amanda Marie Cook
    4 lawyer answers

    Everyone above the age of 18 and owns property should have a will! You never know when "just in case" will happen. There are numerous software and online programs, but think about it, would you try to repair your plumbing over online instructions? A will allows your parents to waive surety on their Executor. This means that the Executor of the will will not have to pay an insurance company for a surety bond. In most cases, that savings alone more than covers the cost of the will....

    9 lawyers agreed with this answer

  2. Do you have to have an attorney to represent you in probate?

    Answered over 1 year ago.

    1. Robert William Haley
    2. Josh P Tolin
    3. Joseph Michael Pankowski Jr
    4. Ethan M. Rush
    4 lawyer answers

    Most states have a "small estate" procedure. Id advise you to contact your local Clerk of Court or the equivalent in your state.

    10 lawyers agreed with this answer

  3. Estate issues

    Answered over 1 year ago.

    1. William Joseph Reynolds
    2. Robert William Haley
    3. Charles Adam Shultz
    4. James P. Frederick
    4 lawyer answers

    The short answer is yes, they can force a sale; but there is a process the creditors must go through so it won't be like "get out tomorrow" you should have a good idea of how that process unfolds and prepare accordingly. I'd consult counsel to ensure all your possible rights are protected.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Why am I paying the attorney fees out of my pocket?i I thought it comes out of the estate?

    Answered 8 months ago.

    1. Robert William Haley
    1 lawyer answer

    It is my experience that once you get to court, if the Judge thinks your case was essential to the proper administration of the estate, he will award attorney fees and allow you to be reimbursed from the estate. Make sure if that happens, it is in the final Order, so you can document it with your Commissioner of Accounts.

    6 lawyers agreed with this answer

  5. MOM HAS BEEN DECLARED INCOMPTEND-WHAT DO I NEED TO DO TO BE ABLE TO MANAGE HER AFFAIRS?

    Answered over 1 year ago.

    1. Robert William Haley
    2. Dagmar Pollex
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    You now need to hire an experienced elder law to represent you in a Petition for Guardianship/Conservatorship. Try VAELA.org to find counsel.

    6 lawyers agreed with this answer

  6. Is my grandmas will unduly influenced?

    Answered almost 2 years ago.

    1. Robert William Haley
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    Proving undue influence is very difficult and you will have to consult with an experienced estate litigator. Yet, know this, in Virginia you cannot, cannot disinherited a spouse, unless a prenuptial or marital agreement in place where a spouses waives their right to inherit. A spouse has an absolute statutory right to claim an elective share in the augmented estate (usually 1/3rd) AND a statutory right to claim other allowances, such as a Family Allowance (up to 18K) and Exempt Property &...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. New York State / rules for selling house with spouse in nursing home

    Answered 5 months ago.

    1. Robert William Haley
    2. Robin Nicole Goeman
    3. Michael Leo Potter
    3 lawyer answers

    First, as the community spouse lives in the home, the property is exempt. Second, if that spouse sells the home, the proceeds must be reported to the state Medicaid agency, but, they can probably be protected. You need to seek the advice of an Elder Law attorney before doing anything to ensure you understand all your options and then can make an informed decision.

    7 lawyers agreed with this answer

  8. What legal action can a family member take when funds of their relative are misshandled by a property guardian?

    Answered over 1 year ago.

    1. Robert William Haley
    2. Jayson Lutzky
    3. John P Corrigan
    4. William Ray Pelger
    4 lawyer answers

    What is the nature of what you call mismanagement of assets? Please provide more information.

    7 lawyers agreed with this answer

  9. I want to dissolve my fathers corporation. He has passed away.

    Answered over 1 year ago.

    1. Joseph Franklin Pippen Jr.
    2. Robert William Haley
    3. Dennis Michael Phillips
    3 lawyer answers

    More information is needed: are you the Executor? Is your father the sole shareholder of the corporation? I recently represented an Administrator who sold her brothers majority of his company. We had the corporation valued, found a buyer and sold it. I would suggest you retain a Probate Attorney and a Business Attorney to guide you and ensure you get best possible price.

    7 lawyers agreed with this answer

  10. Elder Law - Certificate of Medical Examination - After reviewing the detailed and personal questions asked on this form:

    Answered over 1 year ago.

    1. Robert William Haley
    2. David M. Pyke
    3. Lawrence A Friedman
    3 lawyer answers

    First of all, if there is a Durable Power of Attorney and/or Health Care Power of Attorney in place and the Agent is willing to act, there is no need for the Guardianship. If there is either, but a problem with the Agent, the petition will ask for the current docs to be revoked. As to the evaluation, if done in conjunction with a Guardianship petition, most Doctors will provide the information. If they are hesitant due to HIPAA, you can ask the Court to order an evaluation or use the Guardian...

    Selected as best answer