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Questions Answered by Dustin A. Duke
1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Our rent money went into the Landlords bank but to another persons account, now they want to kick us out?

We paid our rent and it went into another persons account and we don't understand why they served us papers saying we have to pay more then what are rent is or we are going to be getting evicted in 5 days but we paid our rent and we have the proof! Is that legal for them to do that?

Dustin A. Duke
Dustin A. Duke answered on Sep 15, 2021

More information is needed to fully answer your question. However, if you have been served with legal papers (a complaint, summons, and notice of intent to issue writ of possession) it is important that you file a timely objection before the five day period runs. Your objection must be filed with... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord came in lastnite kicked me out due to having a male visitor present. Is this legal?

My landlord and I had a sexual relationship soon after me moving in.. He told me I wasn't allowed to have male visitors altho I was paying my rent and my own bills..I had ended it with him bc I could tell him no but he didn't care he still did what he wanted with me..he came in and... Read more »

Dustin A. Duke
Dustin A. Duke answered on Sep 11, 2021

No, your landlord's actions are not legal. He cannot forcibly remove you from your leased premises under any circumstance (even if he had a right to legally evict you). He would have to use the court's to have you legally evicted. Further, his actions regarding your relationship and... Read more »

1 Answer | Asked in Civil Rights, Collections and Landlord - Tenant for Arkansas on
Q: If you signed a 12 month lease, and at the end of the 12 months you moved completely out and notified your landlord the

Last day of your contract that you are not going to sign another lease, can they still penalize you? What’s the point of signing a contract for X amount of months if you have to tell them that you were going to terminate the lease on the day that you already signed and agreed to terminate the lease?

Dustin A. Duke
Dustin A. Duke answered on Sep 2, 2021

It depends on what your lease says. If the lease is silent as to any notice requirements before moving out, you are perfectly within your rights to move out the last day of the lease and are under no further obligation to your landlord. However, if the lease requires a notice prior to moving out,... Read more »

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: Wife not beneficiary on husbands ESOP, can she challenge it?

My mother isn't listed as a beneficiary on my deceased father's ESOP, as stated by the company. Before he passed he told her that she was over everything. The company has not been very straightforward with us and she wants to try to challenge the beneficiary designation.Is there a certain... Read more »

Dustin A. Duke
Dustin A. Duke answered on Aug 8, 2021

More information is needed in order to fully answer your question. However, if there is no beneficiary listed on the account, and the company has no policy to the contrary, then the assets would go into your father's probate estate and would need to be probated before they can be distributed... Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Can I adopt my granddaughter that I have full permanent court ordered custody of and what do I have to do?

I had temporary custody for a couple months and then was given permanent by a judge. I have had custody almost 5 years now.

Dustin A. Duke
Dustin A. Duke answered on Aug 7, 2021

It would depend on the facts of your case. Was the custody order out of a juvenile case? Were the parents awarded any visitation? Have they been visiting with your granddaughter? Have they been paying you child support? If the parents haven't had any relationship with your granddaughter... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: I need to file for grandparents right my son passes away the mother is keeping my grandchildren away out of spit
Dustin A. Duke
Dustin A. Duke answered on May 21, 2021

Do the children live in Arkansas? If so, would you like to schedule a phone consultation?

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Arkansas on
Q: Is my automatic lease renewal valid if I have no automatic renewal clause on my lease and no renewal notice was given?

My landlord tells me I will lose my security deposit for breaking my lease. My initial lease term was 12 months and he says my lease automatically renewed, however there is nothing in my lease stating that it will automatically renew, in fact it gives no direction for what happens when my lease... Read more »

Dustin A. Duke
Dustin A. Duke answered on Nov 1, 2020

Without seeing your lease and the exact language of the lease I cannot offer specifics. However, generally once your lease term expires, unless there is a specific clause to the contrary, your tenancy becomes month to month. At that point, either you or your landlord can end your tenancy by... Read more »

1 Answer | Asked in Child Custody, Estate Planning and Probate for Arkansas on
Q: I am a single parent of a 13 year old whom father has passed away. I'm in my late 50's and was wondering what kinda

Of paper work I need to fill out to if I was to die before she 18 to make sure she stays with my sister and not go to foster care.

THANK YOU VERY MUCH T HARVEY

Dustin A. Duke
Dustin A. Duke answered on Sep 2, 2020

You could designate your sister as a preference for guardian for your daughter in a Will. If you need assistance in drafting a will or other estate planning documents feel free to reach out to me.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I'm having trouble with my landlord he hasn't given me an eviction notice or anything but he boarded up my place

He boarded up my place and all my stuff is still in there can you plz help me out thanks very much

Dustin A. Duke
Dustin A. Duke answered on Jul 31, 2020

Are you wanting to schedule a free consultation? You can call (501) 891-6000 Monday to set something up. It probably goes without says, but your landlord is not allowed to lock you out of your home. However, you should be aware that if you had not been staying in your home for awhile and if you... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: how much time do I have legally in Arkansas to respond to landlords intent to change lease terms
Dustin A. Duke
Dustin A. Duke answered on Jul 29, 2020

Generally, it depends on the language of your lease. Does your lease give the landlord the right to change the terms before it expires? If not, then your landlord would have to wait until the end of the lease to change any terms. If your landlord gives you notice that he intends to change the... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Arkansas on
Q: My grandmother died and I’m the only grandchild her husband is selling the house I haven’t received anything

She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will

Dustin A. Duke
Dustin A. Duke answered on Jul 23, 2020

First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Can we use "small estate" probate after my mother died without a will?

My divorced mother died intestate, and my sister and I are her only heirs.

We have obtained her credit reports and determined that aside from one small collection, her only debt is the mortgage to the home we would inherit jointly had she made a will, as that had always been her intent.... Read more »

Dustin A. Duke
Dustin A. Duke answered on Jul 10, 2020

If the mortgage is your mother's only debt and the value of her estate after the balance on the house note is subtracted equals $100,000 or less, then you should be able to file the small estate affidavit. However, be aware that if your intent is to sell the home, most title companies will... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Renting space in commercial building. The other tenant who isn't on the lease changed locks and sold my property.

Is that legal?

Dustin A. Duke
Dustin A. Duke answered on Apr 8, 2020

Generally, changing the locks to remove a tenant is considered a self-help eviction and it is illegal in Arkansas. I would need more information to provide you with a better answer as far as what your rights and remedies are.

1 Answer | Asked in Family Law for Arkansas on
Q: My son recently turned 18 and he's Autistic. How do I apply for guardianship or power of attorney?
Dustin A. Duke
Dustin A. Duke answered on Feb 10, 2020

If your son is autistic, you will likely need a guardianship (as opposed to a power of attorney). A guardianship is a court order giving someone authority to make decisions for someone else. It can be over someone's person, estate, or both. It is like having custody over a child, but can... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: Do co-guardians of a minor have to be married to each other?

I want to be a co guardian to my 15 yr old granddaughter along with her step father. I need to know if there is case study on this and if so, what.

Dustin A. Duke
Dustin A. Duke answered on Jan 23, 2020

In Arkansas, you can be co-guardians of a person's estate without being married. However, you cannot be co-guardian of the person unless you are married.

1 Answer | Asked in Family Law for Arkansas on
Q: Can I file a petition to change legal guardianship of my 17 year old to his grandparents. We are moving and he stay

He wants to stay with them to finish high school there. Is it process we can do ourselves through clerk or do we need to obtain a lawyer?

Dustin A. Duke
Dustin A. Duke answered on Jan 3, 2020

You probably can achieve what you need with a power of attorney, as opposed to a guardianship. A POA can give the grandparents authority to make decisions for your son, such as school and medical. It is simpler and cheaper than a guardianship and won't require court action. I have POA for... Read more »

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: I am going through a divorce. MY spouse and I have had 3 sexual encounters but he tells me not to tell anyone, why?/

We have no "video" proof, but some texts where we have met or driving to meet eachother, texts as well saying he cant stop thinking of me since he saw me the night before...

Dustin A. Duke
Dustin A. Duke answered on Dec 12, 2019

One of the requirements for divorce is that you are separated from your spouse. Generally that means that you are no longer having a sexual relationship. If you all are still having sex, it could prevent you and your spouse from obtaining a divorce. Hope this helps.

1 Answer | Asked in Family Law for Arkansas on
Q: I have found more information about fathers rights but what about mothers rights? Who have legal custody of the child.
Dustin A. Duke
Dustin A. Duke answered on Dec 6, 2019

I am not sure exactly what you are asking. Is there something specific that you are wishing to decide regarding your child or something that you are wanting to preclude the child's father from doing? As a general rule, the custodial parent has decision making authority over the child,... Read more »

2 Answers | Asked in Family Law and Child Custody for Arkansas on
Q: What do you do if my boyfriend, who I have never married, keeps threatening to take my children?

He constantly threatens me with saying he will take the two children and claims to have money for a lawyer when I mentioned taking him to court.

Dustin A. Duke
Dustin A. Duke answered on Nov 2, 2019

Under Arkansas law, the mother of children born outside of marriage automatically has legal custody of them. In order to obtain custody, a father would have to (1) establish paternity, (2) show that he has financially supported the children and maintained a relationship with them, and (3) show... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Arkansas on
Q: My brother and I are listed as his and her on the deed to our land. The language doesn’t read right to survivorship.

I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?

Dustin A. Duke
Dustin A. Duke answered on Oct 30, 2019

You may not have provided enough facts for a complete answer, but best I can tell your brother has passed away and the two of you jointly held property together as tenants in common. If you and your brother were the owner of property as tenants in common, upon his death his ownership rights in the... Read more »

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