Richard Garrett Ham Jr.’s Answers

Richard Garrett Ham Jr.

Bentonville Business Attorney.

Contributor Level 7
  1. Wanting to update will. 65 yrs. old. Should I see a elder law layer or just a lawyer who make up wills?

    Answered over 1 year ago.

    1. Richard Garrett Ham Jr.
    2. Robert L Mauro
    3. Charles Adam Shultz
    4. Samuel Alexander Brown III
    5. Kelly Scott Davis
    6. ···
    6 lawyer answers

    Both estate planning and elder law attorneys should be able to assist you. Unless you need specialized elder law services, such as Medicaid and long-term care planning, the specialized assistance of an elder law attorney is likely unnecessary, but it couldn't hurt to speak with one. Still, many estate planning attorneys will perform many elder law type functions. These two areas of the law largely overlap, so either type of attorney should be able to assist.

    7 lawyers agreed with this answer

  2. Is it possible to contest a life insurance policy? My dad died and left all insurance policies to my youngest sister. (minor)

    Answered about 1 year ago.

    1. Richard Garrett Ham Jr.
    2. Rebecca Lynne Evans
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Contesting beneficiary designations on a life insurance policy is extremely difficult. Unless you can show that he was not mentally competent when he made the designation or he made the designation under duress, there is not much you can do. If you feel that you have a good case, however, you may want to consult with an attorney in your area.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I own my house outright and want to sign it over to my mother, how would i do this the cheapest way,

    Answered about 1 year ago.

    1. Richard Garrett Ham Jr.
    2. Michael Charles Doland
    3. Bradley B Anderson
    4. Michael Leo Potter
    4 lawyer answers

    If you are asking from the England that is part of the United Kingdom, then I can't be of much help. If, however, you are asking from England, Arkansas, as the question indicates, then gifting a valuable property like a home can be quite tricky. While you can transfer property through a quitclaim deed quite inexpensively, giving away an asset worth more than $14,000 can have significant gift tax ramifications and require filings with the IRS. (Selling an asset at a grossly discounted rate...

    3 lawyers agreed with this answer

  4. My husband died and he hav a house but his daughter insits that it goes to her but no one is on the deed put him so do she gt it

    Answered over 1 year ago.

    1. Richard Garrett Ham Jr.
    2. James P. Frederick
    2 lawyer answers

    I agree with James. These types of issues can get very complicated and are very much determined by your individual facts and circumstances. Under Arkansas law, where there is no will, a surviving child inherits before a surviving spouse, but the surviving spouse is entitled to some allowances off the top. This includes dower rights, which entitle you to 1/3 of your husband’s estate. If this house was the primary residence, you may also have homestead rights, which would generally entitle...

    3 lawyers agreed with this answer

  5. Can executor of a will deduct monies that was given to you from person before death

    Answered over 1 year ago.

    1. James P. Frederick
    2. Paul A. Smolinski
    3. Richard Garrett Ham Jr.
    3 lawyer answers

    I agree with the other attorneys. Your brother cannot do this, and if he insists on doing so, you may want to speak with a local attorney as soon as possible.

    2 lawyers agreed with this answer

  6. Is contract signed under duress legal?

    Answered over 1 year ago.

    1. Richard Garrett Ham Jr.
    1 lawyer answer

    Determining the presence of duress is heavily fact dependent, and so there is not enough information to determine if your particular contract is enforceable. As a general matter, however, contracts signed under duress are not enforceable. To demonstrate duress, you must show that you involuntarily accepted the terms of the new contract and the other party committed coercive, wrongful and oppressive acts to induce you to sign the contract. This can be difficult to do. As a separate...

    2 lawyers agreed with this answer

  7. Lawyer did not give receipt for $2,500 retainer paid to her. No invoices with billing details in 9 months.

    Answered over 1 year ago.

    1. Donald Kennedy Campbell III
    2. Richard Garrett Ham Jr.
    3. James P. Frederick
    3 lawyer answers

    Attorneys must adhere to stringent requirements regarding the handling of client money and are in fact required to keep payments for services not yet rendered in a separate trust account. You are entitled to a prompt accounting of any such funds you have on deposit with your attorney. The state bar takes these requirements very seriously. I agree with James regarding written communications. Sending a written explanation of your desire for an accounting of your $2,500 payment will help...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. As an apartment manager for my mother I have issued a notice to comply with rent or vacate. How can I have the tenant removed?

    Answered over 1 year ago.

    1. Richard Garrett Ham Jr.
    2. Cheryl Rivera Smith
    2 lawyer answers

    You can have the tenant forcibly removed by filing an unlawful detainer action with the circuit court. If the court agrees with you and issues a writ of possession, the tenant will be compelled to leave, even if that means the sheriff removing him by force. I have posted a detailed description of the eviction process in Arkansas at http://www.garrettham.com/blog/the-eviction-process-in-arkansas/.

    1 lawyer agreed with this answer

  9. How can I make someone(business)pay me for the contents of a store that we sold to them. The person still has not paid me.

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. Richard Garrett Ham Jr.
    2 lawyer answers

    This will be determined by your sales contract. If the purchaser fails to pay you according to the terms of your contract, then you should speak with a local attorney about bringing a breach of contract action. If you sold your business without a written contract, however, the matter will be much more complicated. You may still have a valid contract, but your rights will be based on the specific details of your circumstances. You will need to speak with a local attorney, who can take...

    1 lawyer agreed with this answer

  10. Realestate taxes on shared property.

    Answered over 1 year ago.

    1. Richard Garrett Ham Jr.
    2. Bruce Givner
    2 lawyer answers

    From the information you provided, it appears that you are a cotenant with three other individuals. If that is the case, you would be entitled to contribution from the other cotenants for their proportionate share of the real estate taxes. You may go to court to seek this contribution, if you desire. You also say that you live upon the land. If you are a cotenant in the property and do not allow the other cotenants who desire to live there to do so, your cotenants may be able to offset...

    1 lawyer agreed with this answer