Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Dustin A. Duke
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 »

View More Answers

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 »

View More Answers

1 Answer | Asked in Family Law for Arkansas on
Q: My daughter is 17 and her dad has custody and now she wants to come live with me What do we have to do where she can?

She live in Oklahoma and I live in arkansas

Dustin A. Duke
Dustin A. Duke answered on Oct 29, 2019

You would need to petition the court for change of custody. The petition would need to be filed in the county where the current court order is out of. Unless your ex agrees, you may not be able to change custody. In Arkansas, custody can only be changed (outside of agreement by the parties)... Read more »

2 Answers | Asked in Estate Planning for Arkansas on
Q: If a bank account has a beneficiary, does that override a will?

My father left one account with his child as beneficiary when he passed. It was only in his name. His wife emptied it. She is named as the executor of his estate in his will.

Dustin A. Duke
Dustin A. Duke answered on Oct 25, 2019

Generally, yes a valid beneficiary listed on a bank account (also sometimes known as a transfer on death TOD or pay on death POD designation) should remove that property from the account holder's probate estate and therefore the property is not transferable via Will. If the bank allowed your... Read more »

View More Answers

1 Answer | Asked in Child Custody, Education Law and Family Law for Arkansas on
Q: Does a noncustodial parent where no court order of custody is present have the right to request school records?
Dustin A. Duke
Dustin A. Duke answered on Oct 22, 2019

The question is a little confusing, but I am assuming that since there is no court order and you refer to a non-custodial parent, that the parents were never married. In Arkansas, the mother of a child born outside of wedlock automatically has custody of him or her. The father has to establish... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: How do we officialize the changing of the trust by the primary beneficiaries when there'sno indication court's needed?

The trust does not state any court action is required to remove/change the trustee, and we had to change the trustee because he breached trust, coveted information, failed to administer or collaborate in order to resolve the trust in the best interest of the trust. We've needed the change to... Read more »

Dustin A. Duke
Dustin A. Duke answered on Oct 21, 2019

Did the original trustee step-down? If so, he should state his resignation in writing. The terms of the trust will then dictate who the next trustee is. If the original trustee refuses to step-down then court action may be necessary to force his removal.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: What does the written objection need to have specific verbiage?
Dustin A. Duke
Dustin A. Duke answered on Oct 21, 2019

You should include the style of the case at the top of the objection (i.e. the parties' names and case number). You should state in your objection that you object to the issuance of a writ of possession and then state the reasons why. You need to sign the objection, include your address and... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Arkansas on
Q: What petition should I use to transfer guardianship back to me if the guardian agrees?

Guardianship since 2012. . Grandma is not opposed. Say I just need to draft and file proper paperwork. I'm in Arkansas and not sure what to file

Dustin A. Duke
Dustin A. Duke answered on Oct 19, 2019

If the guardianship is here in Arkansas, and if you are a parent of the child, you would need to file a petition to terminate the guardianship. If you need assistance or have further questions, feel free to contact me.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.