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Questions Answered by Don Spears

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 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 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 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 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 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 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.

1 Answer | Asked in Probate for Arkansas on

Q: My husband died last month. Do you have to file a will for probate?

We only have a house which we still owe for.

Don Spears answered on Mar 22, 2018

If you and your husband were both named on the deed to the property, as his surviving spouse, the land is yours. If you were not, you should see an attorney who can advise you on how to go about getting title to the real estate.

1 Answer | Asked in Probate for Arkansas on

Q: my mother died in may she had no will i want to know what to do to get her home and car and land in my name

my mother died in may she owned a house and some land in ulm ar prairie county, but the home she owned her sister lives in and the truck my mother owned her sister has, The house my mother lived in is in her sister name and the car my mother drove is in her sister name my mother's home and truck... Read more »

Don Spears answered on Oct 10, 2017

You should see an attorney right away to first find out if the value of your mother's estate is such that an Affidavit for Collection of Small Estate could be filed instead of a full probate matter. Once that is determined, the attorney can assist you in filing the correct documents. If you are... Read more »

1 Answer | Asked in Probate for Arkansas on

Q: I was asked to sign an entry of appearance, waiver of notice and accountings. Is this standard for an estate in probate?

Don Spears answered on Sep 27, 2017

As long as you do not contest the appointment of the proposed person to be the administrator of the estate and you trust them to distribute the assets of the estate according to the wishes of the deceased or according to state law if there is no will, it is certainly a standard practice for you to... Read more »

1 Answer | Asked in Divorce for Arkansas on

Q: reason idgnities intolerable, judge say insufficient grounds, can I attach

To the plaintiff deposition as an addendum, or do I need a specific form in arkansas ?

Don Spears answered on Dec 13, 2016

You need a specific form. Since you have already started your divorce yourself, you may be able to find an attorney that will only draft the documents you need to finish for a small fee.

1 Answer | Asked in Real Estate Law for Arkansas on

Q: My wife still owns property In Mount home Arkansas with her ex husband, but the mortgage is in her name. He is selling

He asked for a quit deed which she did to get the property out her name. What happens next

Don Spears answered on Nov 10, 2016

If she gave him a Quitclaim Deed to the land and he filed it of record in the Circuit Clerk where the property is located, she is not entitled to any proceeds from the sale of the land. When the sale happens, the outstanding mortgage will be paid in full and she will no longer be liable to the... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on

Q: My stepmom signed a disclaimer to any and all of my deceased fathers assets.

There is a trust done as well and we thought the last two houses would be included in that trust. The lawyer found that her name is on the last two houses on the deeds. He says she now owns them outright. They also had an agreement when the houses sell, then my dad got back any and all money he put... Read more »

Don Spears answered on Nov 10, 2016

The attorney handling your father's estate should be able to advise you on this. He is correct that, if your dad and stepmom's names were on the deed and they were married, the real estate now belongs to her solely. You should ask your attorney about drawing up some kind of family settlement... Read more »

1 Answer | Asked in Business Formation, Business Law and Employment Law for Arkansas on

Q: I want to start a topless cleaning service in Little Rock Arkansas. Is this legal?

We would offer topless cleaning in home or of a car in a home garage. We would offer topless servers for parties. Also, we would offer guys in tight underwear for women who were interested in these services. No sexual acts would be condoned/approved. Their lowest extremities (vagina, penis, or an... Read more »

Don Spears answered on Nov 10, 2016

Under Arkansas law 5-14-112 you might have a problem. The law reads as follows:

(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:

(1) In a public...
Read more »

1 Answer | Asked in Collections and Contracts for Arkansas on

Q: I was wondering if I can get money back I barrowed to a friend? I'm not sure what type of lawyer I would need.

I also have a letter from friend stating I would be paid back in full. Now, my friend won't even take my calls.

Don Spears answered on Nov 10, 2016

If the sum is not really large, you may be able to file in small claims court in your city or county. Hopefully, you have some evidence that the money was given and there was an intention of paying it back. You should contact a local attorney so that he can go over what evidence of the debt you... Read more »

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