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Questions Answered by Jarred Kibbey
1 Answer | Asked in Estate Planning for Arkansas on
Q: my husband and I have a Trust with a Will. My question is this: We want to change the Trustee to our son, as one of

Trustees has passed away. Do I need to take the original Trust to a lawyer to have the Trustee changed or can I make the change and both of us sign and have notarized. Our attorney lives 5 hours away and we would like to get this done soon. Thank you.

Jarred Kibbey
Jarred Kibbey answered on Jun 2, 2020

If your son was not named a Successor Trustee, then you would need to amend the Trust. It is highly recommended that you seek legal advice to make this change correctly. If you are only changing a Trustee, most estate planning attorneys would likely make that change relatively cheap.

1 Answer | Asked in Domestic Violence for Arkansas on
Q: Domestic battery 3 over 20 years ago. Couldn’t fight it then, can I have it removed now.

I am about to become a Nurse Practitioner and don’t want This charge to continue to hinder me. I was married to a girl who was cheating, I knew she was going to see him and we got into an argument, the car keys were on the counter and we both went for them, I bumped/pushed her and inadvertently... Read more »

Jarred Kibbey
Jarred Kibbey answered on Apr 21, 2020

In Arkansas if you have met the all the conditions of your sentence and, depending on the charge, enough time has passed, you can petition the court to have your records sealed. Every case is a little different and you should consult an experienced attorney to make sure you follow the correct... Read more »

1 Answer | Asked in Employment Law and Securities Law for Arkansas on
Q: is it a violation on HIPAA to comment on a Facebook and mention that a co-worker of mine who may be sick

I included our. place of work but no details about the individual. It was unknowingly because I am not aware of HIPAA laws. I was also fired for this. I am now afraid legal action will be taken

Jarred Kibbey
Jarred Kibbey answered on Mar 30, 2020

I would need more information to determine if it was a HIPAA violation. Specifically, what kind of work were you engaged in? Also, there is no private right of action in HIPAA, so even if you violated HIPAA laws, your employer or former co-worker could not use HIPAA as a basis for legal action.... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Does IVF coverage have to be offered via health insurance from an employer in Arkansas?
Jarred Kibbey
Jarred Kibbey answered on Feb 11, 2020

Like most situations, there isn't a simple "yes" or "no" answer. The Arkansas infertility mandate requires that insurance plans in Arkansas cover IVF up to a set lifetime amount. However, many HMO and self-insured plans are exempt from this requirement.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: We have a contract in AR to build a new home. The builder will be late. Any recourse to recover expenses due to the

Contract states "The Closing of the sale of the real property (the “Closing”) shall occur on or before January 15, 2020 or at such other date as may be mutually agreed upon by Buyer and Seller (the Closing Date)." The builder has informed us they will not be ready on the 15th and may... Read more »

Jarred Kibbey
Jarred Kibbey answered on Jan 12, 2020

You may have potential recourse depending on other provisions in the contract and the cause of the delay. Some contracts include financial penalties for missing closing dates, so you should review other sections of the contract. Barring any specific language in the contract for penalties, the... Read more »

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