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Questions Answered by Don Spears
1 Answer | Asked in Probate for Arkansas on
Q: I am a home health aid to a client who is living on her deceased grandfather's land that is in probate.

She is supposed to be on the will. Can other members of the family go to court without notifying my client?

Don Spears
Don Spears answered on Jun 29, 2020

Every beneficiary in a will must be notified.

3 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: What is probate,

Yes was left a home in a Will but having trouble getting deed what do I need to do and don't know what probate is

Don Spears
Don Spears answered on Jun 17, 2020

You need to file the will for probate is the first answer but without reviewing the documents and death timeline. I could not tell more without facts.

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1 Answer | Asked in Business Law for Arkansas on
Q: Hey I'm trying to see how can I find out if a pawn shop is legal to be open in monticello
Don Spears
Don Spears answered on May 29, 2020

Check with the city clerk.

1 Answer | Asked in Car Accidents for Arkansas on
Q: My friend borrow my truck without owner permission and wrecked it no other vechile involved in wreck what to do

I let my friend borrow my truck without my husband permission his name is on the title not mine or im not on the insurance she got a ticket for no driver license and now she dont want to pay what to do

Don Spears
Don Spears answered on May 27, 2020

You should notify your insurance carrier to determine i the accident was covered.

1 Answer | Asked in Child Support and Divorce for Arkansas on
Q: Can spouse open a child support case against the other spouse, while married in the state of Arkansas?

I was looking over my child support payments, no balance. And I always wondered if it is possible to open a child support case while married. My ex-wife opened this case in 2009 but we were divorced in 2010, so I always wondered how was that even possible to open a case while married.

Don Spears
Don Spears answered on May 25, 2020

If she was drawing support from the state they can bring an action.

1 Answer | Asked in Child Custody and Divorce for Arkansas on
Q: My ex wife and I remarried a yr after our divorce. She had full custody rights. Is that still in place or voided, null?
Don Spears
Don Spears answered on May 24, 2020

The issue of custody is always open for review. The issue is always what is in the best interest of the child.

1 Answer | Asked in Probate for Arkansas on
Q: Step dad died in AK I'm the executrix and beneficiary. He has 3 biological kids. What happens?

He died in AK. The will was drawn in PA, where I live. I know his kids have to be served. I was told if they contest I would most likely get nothing. I have 3 options, let the house rot, serve them and take my chances or serve them and offer a deal up front! I cant believe I would be entailed to... Read more »

Don Spears
Don Spears answered on May 21, 2020

There are several questions that have to explored. When did he die? What were the terms of the will? (I would need to see the document). Without this information your question can not be answered.

1 Answer | Asked in Divorce for Arkansas on
Q: What if I want to file divorce but my husband wont move out of our home in Arkansas?

We have two children and I will be keeping the home. I can't uproot the children and cause them more trauma to get our 30 day separation but my husband isn't taking me seriously when I tell him to move out. His family doesn't want to get involved, but I can't get him to move out of the house.

Don Spears
Don Spears answered on May 21, 2020

You do not have to live separate and apart ,in the literal sense , to file for divorce but separate and apart as not being husband and wife ie no sex ,separate bedrooms etc etc. The real issue is, are you safe?

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Arkansas on
Q: Discovered my brother talked my mom into putting her home their name 3 yrs, she has passed. He believes it’s all his?

He believes he gets all, Home, Tools, all antiques. He hasn’t even called to discuss if there is even a will. There are 3 in all to inherit the property. Total of it all land is valued at $250k tools and antiques probably if sold in auction another $175. I have not lived near them in years but... Read more »

Don Spears
Don Spears answered on May 18, 2020

If your mother transferred the real property to your brother and was competent when she did it then there there is little you can do. If she was not competent that is a wholly different matter.

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1 Answer | Asked in Car Accidents for Arkansas on
Q: I was in an accident and the officer gave me a criminal citation: failure to yield with injury. What is the punishment?

Fort smith PD issued the citation and said I need to appear at Fort Smith District Court.

Under the “offenses” box, the officer checked off “criminal” and not “traffic”.

Failure to yield with injury 27-51-601

Could I get jail time?

Don Spears
Don Spears answered on May 9, 2020

Generally they just fine you and order restitution. Your insurance company will pick up the claim but you must also file an sr 21 notice.

1 Answer | Asked in Divorce for Arkansas on
Q: I married a man in 2009, we separated 4 months later he wouldn't sign a divorce & he is now remarried. What can I do?

We separated after he hit my son, I have asked multiple times to please sign but he wouldn't. I have children from a previous relationship. We have no assets, children nothing! I don't know where he currently lives & have no idea how to go about getting a divorce. Please help me.

Don Spears
Don Spears answered on May 8, 2020

If he remarried without divorcing you then he is a polygamist which is criminal offense. You can go to the prosecuting attorney and have him charged.

1 Answer | Asked in Contracts for Arkansas on
Q: Is there a limit to how long a closing can draw out?

I'm under contract to purchase a pair of adjacent lots. The sale is bound to another in an asset forfeiture case. Because there are some special requests on the other sale, our close has drawn out nearly 5 months. I'm just wondering how long this can draw out.

Don Spears
Don Spears answered on May 7, 2020

Contracts are open for a reasonsablre time only. The amount of time is usually set out but when it is not set out it becomes a reasonable amount of time as anticipated by the parties. It would seem that 5 months is more than reasonable.

1 Answer | Asked in Divorce for Arkansas on
Q: I recently have gotten a divorce and my ex is not complying with the divorce papers what can I do
Don Spears
Don Spears answered on May 3, 2020

You will to file a Motion for Contempt in the divorce court where the Decree was entered.

1 Answer | Asked in Divorce for Arkansas on
Q: Can my husband legally sell or give my property away while the divorce is pending?
Don Spears
Don Spears answered on May 3, 2020

No. You should talk to your lawyer.

1 Answer | Asked in Divorce and Child Custody for Arkansas on
Q: My husband and i havent lived together in two months. Can we start seeing other people legally?

We have two kids together.

Don Spears
Don Spears answered on Aug 19, 2019

Your question is more of a moral instead of legal one. According to Arkansas law if you are still married you would be committing adultery which is grounds for divorce.

1 Answer | Asked in Divorce for Arkansas on
Q: How quickly after a marriage can a person file for divorce?
Don Spears
Don Spears answered on Sep 20, 2018

There is no time limit on how long you must stay married in order to file for a divorce in Arkansas. Depending on what your grounds would be, there is a possibility for an annulment which is just about the same process and costs of a divorce.

1 Answer | Asked in Divorce for Arkansas on
Q: I want to file for legal separation in Ar. We live together but he does not give me money nor pay any family bills.

He's actively on drugs he will not leave home he has cheated on me several times. House was under both our names but his name was removed two years ago because he left home. The home is rent to own.

Don Spears
Don Spears answered on Sep 8, 2018

You Have grounds for divorce and with that many problems you need to get on with your life.

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: If I'm renting to own, i leave for vacation for a couple months ,do i have to give owner a key if I'm buying the house?

We are leaving for vacation and he wants us to leave a key to watch the place but give it to someone we don't know to watch our house. I'm not comfortable with it. I want to know where i stand

Don Spears
Don Spears answered on Sep 2, 2018

Generally the owner or mortgage holder has the right of inspection. That right is usually granted in the contract documents. However giving them a key is a big ask. My suggestion would be to give a key to someone you trust if they want to inspect. Without seeing the paperwork I am just stating... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Can't get my car registration changed over due to my uncle not paying HIS lawyer. Probate is final through the court.

My uncle hired a lawyer on his own to appoint himself administrator of parents estate. My mom and aunt then hired a lawyer to petition against him. Judge appointed a unbiased administrator who just happens to be prosecuting attorney for county. The probate was final in court. The estate paid the... Read more »

Don Spears
Don Spears answered on Aug 30, 2018

Most states have what they call an affidavit of heir ship that you can fill out showing you as the heir. I am assuming that your uncle gave you the car by will?

1 Answer | Asked in Probate for Arkansas on
Q: My father died august 10. I am the executor and the only beneficiary of the will. He has 4 small lots. Does probate have
Don Spears
Don Spears answered on Aug 28, 2018

If you are the sole heir and only child you may be able to do an Affidavit of Small Estate.

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