Scott Allen Scholl’s Answers

Scott Allen Scholl

North Little Rock Family Law Attorney.

Contributor Level 18
  1. How do I get my spouse to complete an affidavit of financial means?

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. Aaron Scott Hill
    3. Erica Durr
    3 lawyer answers

    They will likely bring her completed affidavit with them to the hearing, and move to have it admitted during her wife's testimony. If you wish to receive a copy of her affidavit prior to the hearing, you can make a Request for Production. If you are going to represent yourself, you should review the Arkansas Rules of Civil Procedure, the Arkansas Rules of Evidence, and the substantive law of any contested issues. The judge cannot give you legal advice, and if you do not comply with the...

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  2. If there are 3 wills, which stands up in probate? There were 3 wills written and signed by 1 couple.

    Answered about 3 years ago.

    1. Scott Allen Scholl
    2. Michael S. Haber
    2 lawyer answers

    It appears that Husband's Will has already been probated (well over 5 years ago), so that shouldn't be an issue anymore. So, assuming that the Will that Wife executed in 1998 was valid, then it should be the will that is probated because it is her last will.

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  3. I opened a credit card in my 4 yr old child's name. I didnt pay it and now a suit has been filed. Prior to the suit being filed,

    Answered over 3 years ago.

    1. Scott Allen Scholl
    2. Stephen M Trezza
    2 lawyer answers

    You opened up a big can of worms by opening up the card your child's name. Get an attorney as soon as possible, and do not post anything in a public forum that anyone other than your attorney might see.

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  4. I used spousal privilege to not talk to CPS, now they find me neglectful, I want to appeal. Do I need a lawyer?

    Answered about 3 years ago.

    1. Inga L Stevens
    2. Scott Allen Scholl
    3. Gregory Don Sherwood
    4. Barry Franklin Poulson
    5. Matthew F. Govan
    5 lawyer answers

    First off, you need an attorney. Then, to follow up on Ms. Steven's response, I'll present the "Devil's advocate" position: CPS will likely make an argument that you are not taking the safety of your daughter seriously because the level of violence in your home rose to the level that you had to pull a firearm to protect yourself and daughter from seriously bodily harm BUT now you are refusing to press charges or testify against the perpetrator of the violence. The argument will then...

    7 lawyers agreed with this answer

  5. Can a county / district probate judge override ARCP / ACA?

    Answered about 1 month ago.

    1. Scott Allen Scholl
    2. Stefan Kane McBride
    3. Mark Murphey Henry
    4. Sally D. Babbitt
    4 lawyer answers

    The technical answer to your question, is no, the Court cannot override the law - it must follow the law. However, in some circumstances the law allows for the Court to enlarge the time to respond. See Rule 6(b) of the Arkansas Rules of Procedure: "Enlargement. -- When by these rules or by a notice given thereunder or by order of the court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without...

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  6. Can our soon-to-be ex daughter-in-law take the life insurance policy we took out on our son years ago?

    Answered about 1 year ago.

    1. Scott Allen Scholl
    2. Harold F Cook Jr.
    3. Gary Roger Waitzman
    3 lawyer answers

    It will be best for your son to review the matter with his attorney, much of the answer will depend on who the owner of the policy is, and if he is the owner whether any marital money has been used to accumulate the cash value. Even if he is the owner, with only eight months of marriage it would not seem that much, if any, of it would be a part of the marital estate.

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  7. What can I do legally.

    Answered almost 2 years ago.

    1. Scott Allen Scholl
    2. Charles Adam Shultz
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You will need to probate your father's estate, during that process it will need to be determined what (if any) interest your mother may have in the property and then transfer your father's interest into your name.

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  8. My daughter and grandson were living with me when she passed away 10 days ago. The father and I agreed the child should stay

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Scott Allen Scholl
    3. Lisa Douglas
    3 lawyer answers

    The most comprehensive solution would be to file a guardianship with the Court. The father could sign a child care authorization, which would allow you to take care of the child, consent to medical care, etc., and then appoint you as the designated payee on behalf of your grandson, but the guardianship would be less likely to be questioned by third parties, and you wouldn't need to worry as much about the father suddenly revoking your authority.

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  9. Uncontested Divorce

    Answered about 3 years ago.

    1. Scott Allen Scholl
    2. Mary J Quin
    3. Kathryn L. Hudson
    3 lawyer answers

    Either adult children or the parent to whom the support was owed could sue for support arrears, however the statute of limitations for doing so is 5 years from the child's 18th birthday --- so it is too late to collect support regardless of whether there was a support order or not. A divorce should be straightforward, as stated previously after being separated for 15 years all of your property and debts are probably separate for most purposes. There may be issues with spousal support or...

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  10. What is the punishment for failing to yield to a motorcycle driver and that driver gets killed?

    Answered 7 months ago.

    1. Scott Allen Scholl
    2. Richard Todd Rosenstein
    3. Andrew Y. Kim
    4. Lars A. Lundeen
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    It is up to the prosecutor's discretion as to whether or not to file criminal charges. The specific facts of the case, and what the prosecutor thinks they may or may not be able to prove, will be what determines the charge, if any, is filed. Without knowing more facts, the charge could be negligent homicide, which could be a Class B felony or a Class A misdemeanor depending on what happened. The charge could be higher, but a large part of this is what the mental state of the accused was.

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