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Alaska Questions & Answers
3 Answers | Asked in Real Estate Law and Contracts for Alaska on
Q: Can I use a quitclaim deed to remove my former spouse from my house deed if she's in Japan?

My former Japanese spouse, who was never legally married to me in the US, was added to the deed of my house during a refinance in 2021. She returned to Japan in January 2024, and we separated amicably with no legal marriage. There are no other stakeholders. Can we use a quitclaim deed for me to... View More

Anthony M. Avery
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answered on Apr 14, 2025

Hire an AK attorney to draft that deed of all her interests in the property. It will have to be sent to her for execution before a notary public, which will be a problem in Japan unless she goes to a US Embassy. Do not rely on email execution of such an important deed.

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1 Answer | Asked in Employment Law, Civil Rights and Domestic Violence for Alaska on
Q: I was fired for missing 2 days due to jail for dropped DV charges; policy allows 3 days. My position was falsely claimed filled. A male employee was rehired after jail time for the same charge, guilty, missing a month. Worked 3 years, previous write-up. Is termination justified?

I was terminated from my job after missing 2 days of work due to being in jail for domestic violence charges that were later dropped. The company's policy allows for up to 3 days of absence. Upon returning, my boss falsely claimed my position was filled. Approximately a month prior, the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're facing an unfair situation, especially with the apparent discrepancy in how you and the male employee were treated. Since the company's policy allows up to three days of absence, your termination after missing two days may not align with the stated policy,... View More

1 Answer | Asked in Criminal Law, Internet Law and White Collar Crime for Alaska on
Q: Can I sue someone if someone wants to commit an adultery to my family mother ?

Can I sue this lady homeowner Denise ?

James L. Arrasmith
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answered on Apr 10, 2025

If someone is trying to have an affair with your mother, it can feel deeply personal and painful. But when it comes to the law, things get a bit more complicated. In most places, you can't sue someone just because they want to commit adultery, even if it's with a close family member.... View More

1 Answer | Asked in Child Support and Family Law for Alaska on
Q: Can a mother pursue child support from me for an 18-year-old after discovering paternity by DNA test, despite the child being legally recognized as someone else's in Alaska?

I recently discovered through a DNA test that I am possibly the biological father of an 18-year-old child who was legally recognized as being the child of another man, who is listed on the birth certificate. The child's mother and I were dating around the time of conception, but she was also... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Alaska, child support obligations typically end when a child turns 18, unless the child is still in high school or there is a special court order. Since the child is now 18, it’s unlikely that you would be required to pay ongoing child support unless there are extenuating circumstances, such... View More

3 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Alaska on
Q: House burned down due to electric company's mistake, joint owner received settlement, not notified. Is it legal?

I own personal property jointly with another person, and I've recently found out that a lawsuit was settled, granting the other person $150,000 due to damages caused by the electric company's mistakes, which led to our house burning down and damaging the property. My name is on the... View More

Anthony M. Avery
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answered on Apr 2, 2025

Initially go to the Court where suit was filed. Read the Court file. Then talk to a lawyer and potentially file suit against the alleged at fault company. Other owner may have claimed he owned all personal property damaged. You may have to file your own suit as intervention in a settled and... View More

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1 Answer | Asked in Foreclosure, Contracts and Real Estate Law for Alaska on
Q: Options if new note owner disregards payments and foreclosure is time-barred

My mortgage contract ended in 2014. The lender started foreclosure but halted it, and I have been directly paying the lender by check. Now, the lender has sold the note, and the new owner initiated foreclosure, claiming that my payments don't count. They are using the principal amount from... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a deeply frustrating and unfair situation, especially after making consistent payments and thinking you were honoring your obligations. In Alaska, foreclosure actions are subject to a statute of limitations—typically six years from the date of default or the last payment applied... View More

2 Answers | Asked in Civil Litigation and Collections for Alaska on
Q: Can I file a motion to dismiss a garnishment based on exceeded statute of limitations in Alaska?

In Alaska, I understand the statute of limitations on open-ended accounts is three years. I have a credit card judgment that garnished my Permanent Fund after the statute had run last year. Recently, the court also attached my bank accounts, leading to an overdraft. The judgment was initially... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 20, 2025

The 3 year statute of limitation (assuming that you are correct about the time) is the statute upon which to bring suit. The statute of limitation to execute upon a money judgment is much longer in every state, generally 10 to 20 years. Sounds to me like the garnishment action was brought within... View More

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Constitutional Law for Alaska on
Q: What are the protocols for identity protection of undercover officers during a search warrant?

I am researching a specific case involving undercover officers and their involvement in a search warrant. I have read the probable cause statement from a "TFO" indicating they are part of an undercover unit. I'm seeking to understand the legal justification or protocols that allow... View More

James L. Arrasmith
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answered on Mar 23, 2025

When investigating a case involving undercover officers in search warrant execution, you'll find that these officers have significant protections for their identities. Law enforcement agencies typically employ various measures like using badge numbers or pseudonyms in court documents, allowing... View More

1 Answer | Asked in Employment Law and Civil Litigation for Alaska on
Q: Do I have a claim for wrongful termination after reporting fraud and being terminated?

I reported timecard fraud to the director on 02/20/25. On 02/24/25, I terminated the employee involved in the fraud. The official reason for my firing on 02/28/25 was "ethical conduct outside the office," though no specifics were given, nor had I previous performance issues or policy... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you may have grounds for a wrongful termination claim, especially if you believe your firing was a retaliatory action for reporting timecard fraud. In many states, including those with at-will employment laws, an employee is protected from retaliation for reporting illegal activities... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Libel & Slander for Alaska on
Q: Is it legal to share my account of harassment by landlord and neighbors publicly?

I have been experiencing harassment and threats from my landlord and neighbors, who are family members. They have been violent, and the landlord covers up their actions. I have obtained protective orders against two individuals involved, but fear further harassment and threats if I share my story.... View More

Carolyn Nicole Daussin
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answered on Mar 11, 2025

If what you say is the truth, it won't be considered slander or defamation under Alaska law, so it would be legal to share truthful accounts of events.

2 Answers | Asked in Employment Law, Sexual Harassment and Domestic Violence for Alaska on
Q: Can I sue my employer for ignoring residents' harassment and abuse?

I am a healthcare employee and have reported incidents of sexual harassment, verbal threats, and physical abuse from residents over the past six months. Although I have submitted written reports and have witnesses to these incidents, management has taken no action. When I refuse to work with these... View More

Brad S Kane
Brad S Kane
answered on Mar 9, 2025

You likely have a claim for not protecting you from sexual harassment in your job and a potential claim for retaliation. Since you state that management is not responsive, you may need to escalate this above HR in writing to senior management or even the owners of the company. You should consult... View More

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2 Answers | Asked in Immigration Law for Alaska on
Q: If a job I am being hired for has an Associates or Bachelors degree requirement can I be sponsored for H1b?

I am a CT Technologist and I have a Bachelors degree in my field of study. My employers lawyers say I may not be eligible because the hospital has hired others in my same position and they only have an Associates degree.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 28, 2025

The job must normally require/must be the industry standard to require a bachelor's degree to qualify for H1B. If the employer hired employees who didn't have a bachelor's degree then it would be difficult to establish eligibility

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1 Answer | Asked in Child Support, Civil Rights, Divorce and Family Law for Alaska on
Q: My disability benefits were garnished even though the child support order clearly said no support to be taken. What now?

I am unable to modify the case because the court the case is out of (Oklahoma) refuses to give me or tell me what to file, the only tell me to get an attorney. I also don't think the divorce was done with legal jurisdiction. The state enforcing the order (Alaska) was garnishing 45% of my... View More

James L. Arrasmith
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answered on Jan 24, 2025

It sounds like you’re dealing with an incredibly difficult situation, and it’s understandable to feel frustrated and unheard. Since the court in Oklahoma is refusing to provide guidance on filing, you may want to try contacting a legal aid organization. Many provide free or low-cost assistance... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alaska on
Q: What do I do if I am intentionally charged with the crime police. No, I cannot and will not be convicted of.

Know I cannot be convinced of. (Correction)

James L. Arrasmith
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answered on Jan 21, 2025

I've carefully considered your question and want to ensure I provide helpful guidance within legal bounds. Let me help you understand your options if you believe you're wrongly charged:

Your first step should be securing strong legal representation immediately - this is crucial...
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1 Answer | Asked in Native American Law and Probate for Alaska on
Q: My brother passed 2015 in california. He had no will, he had no spouse, he had no children.

I did not find out he passed until 2019.

He owns native stock in alaska through

Cook inlet regional Inc (ciri). He had dividend checks from ciri sent to him in the mail, they were returned by mail back to ciri, Uncashed.

Ciri told me I would need to open a general probate... View More

James L. Arrasmith
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answered on Jan 18, 2025

You might begin by confirming whether your brother had any other assets in California that require a separate probate. If there are no substantial assets in California, opening a probate in Alaska could be enough to address the uncashed dividends and the stock. You can request guidance from the... View More

1 Answer | Asked in Employment Law for Alaska on
Q: PTO pay out and policy issues

My previous employer has a PTO pay out policy that they haven’t followed and have paid out in excess to previous employees and they dont follow through with the cap at fiscal. They also do when your salary and work 4 hours you don’t have to claim PTO and that is not in the policy so our PTO... View More

Brad S Kane
Brad S Kane
answered on Nov 5, 2024

According to the Alaska Department of Labor,

Because the payment of sick leave, accrued vacation, or any other type of PTO is not a requirement of Alaska wage and hour laws, the department does not mandate the payment of these benefits. The employer’s written policy establishes the rules...
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3 Answers | Asked in Bankruptcy, Child Support and Family Law for Alaska on
Q: Can an adversary action be filed during chapter 7 bankruptcy to discharge child support arrears? All kids 19 and over.

Its all back support and compounded interest. My youngest is 19 or 20. The mother of children did not live with the kids, they lived with there grandparents who are deceased now.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 11, 2024

In this rare instance, I disagree with my colleague.

Many bankruptcy courts have held that support obligations are exclusively the province of the State domestic relations court and consequently decline to exercise jurisdiction over support payments.

Moreover, it is often held...
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1 Answer | Asked in Tax Law and Contracts for Alaska on
Q: What legal protections do I need to take if I am managing donations and money for a college student who is not my child?

One of my former studetns (i'm a teacher) is attending college and we have been helping manage their finances and assisting them in navigating college (parents arent involved at all, we have permission from them to assist, student is 18), and we've gathered support from a variety of areas... View More

James L. Arrasmith
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answered on Sep 7, 2024

To protect yourself legally when managing donations for a student, start by creating a written agreement between you and the student. This agreement should clearly outline your role, responsibilities, and how the funds will be managed and used. It can also specify that the student has given you... View More

1 Answer | Asked in Employment Law for Alaska on
Q: Can an employer stop you from getting your inhaler from a different if it would leave your building unattended? (Alaska)

My gf was watching a secondary building, and needed to get her inhaler from the main building, but was told she could not because there was no one else at the secondary building. I am looking for advice to give her on how to best handle the situation in the future

Sara L Bloom
Sara L Bloom
answered on Aug 31, 2024

It sounds like you have asthma. You should ask your HR department for a form to request a reasonable accommodation. You most likely will need your doctor to submit medical documentation explaining your medical condition/disability and your need to obtain your inhaler or acute medical treatment to... View More

1 Answer | Asked in Uncategorized for Alaska on
Q: can a mechanic put a lien on a vehicle other than the one he worked on

i had a mechanic work on my car. i recently sold the car but now he wants to put a lien on my truck

James L. Arrasmith
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answered on Sep 14, 2024

No, a mechanic typically cannot put a lien on a vehicle other than the one they worked on. A mechanic's lien, often called a "garageman's lien," is specifically tied to the vehicle that received the repairs or services. The lien allows the mechanic to hold that particular... View More

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