Arkansas Recent Legal Answers from Lawyers

Heirs can contest a Will, the question is whether they will succeed.   Stepchildren are not heirs, so if you are talking about the estate of a stepparent, then the stepkids have no rights of inheritance.  But if you are talking about children disputing their own parent's Will that leaves everything to a spouse,  if the children are able to prove that their parent was manipulated into signing the Will or the Will is not valid for some reason, then they may be successful.  It is a difficult thing to prove, however.  ... Read More

The trust document itself may define heirs at law.  If it does not, you need to look to the definition in the trust statutes for the state where the trust was created.  Heirs usually mean the closest relatives including a surviving spouse and adopted children.  Please note that, if the trust states that the remaining assets of the trust go to heirs at law when the disabled son dies, this means those heirs living at that time.  It also might be defined as his heirs, not his mother's.  Again, look at the language of the trust document.  If you are unclear, you (as trustee) can petition the probate court to guidance as to how to administer the trust.  This cost would be paid by the trust. ... Read More

Once charges are filed the matter is in the hands of the State. Not wanting to "press charges" is no longer a decision that you can dictate. However, you may talk to the prosecuter about the case and get some relief. Prosecuters' really do not want a reluctant "victim" witness. Anyway, if subpoenaed, you are bound to testify as to wht happened or you may be held in contempt. Get your boyfriend a lawyer.... Read More

You may be able to be appointed the child's guardian. There are several issues a Court would consider. Are the biological parents available? Are you an appropriate guardian? Do any of the adult parties have a felony record, etc.? You must be qualified and appropriate to serve as guardian. Ultimately, it is a question of what is in the best interest of the minor.... Read More

It is possible that ADT is liable, but you will find that their contract limits their liability substantially, probably to a few hundred dollars.  Where I practice, a contract limiting liability for negligence is generally enforceable, but a party cannot limit its liability for gross negligence.  i am not sure if the law is the same in Arizona, but assuming that it is, you would have to prove that ADT was more than just negligent in order to recover more than the contractual limit on liability.  From what you've written, particularly that you spoke with an ADT representative and didn't insist that ADT notify the police or fire department (and didn't do it yourself), this seems like a tough case to me.... Read More

You will have to file a motion to change primary custody. It must be in the best interests of your son to make that move before a judge would order the move. Not necessarily what your son wants. However, his preference would be considered by a court in determining what is in his best interest.... Read More

You have 60 days from the date of denial to file an appeal. If you miss it you will have to start the process over again. Be sure that you have orthopedic records supporting your complaints and indicating that you are not able to work. If this is your second denial, you may want to consider hiring an attorney to assist you. The attorney will work on a contingency basis which means that he/she will only get paid if you receive benefits and their fee is paid out of the lump sum back benefits not your monthly check.... Read More