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Alaska Questions & Answers
1 Answer | Asked in Probate for Alaska on
Q: My mom died she had a will, left the house and property to my daughter, I've lived in that house for 18 yrs my daughter

My daughter hasn't filled out for probate yet and she is trying to kick me out or make me pay rent. Does she have the right to.do that?

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2021

If the Will has not been filed for Probate, then it has no effect. The real property will be owned by the Mother's Heirs At Law as Tenants In Common. At this juncture, it appears you have lawful possession as one of the owners.

1 Answer | Asked in Child Custody, Child Support and Family Law for Alaska on
Q: Will my child’s birth father be granted shared custody?

My child’s birth father left state when our child was 1. She’s turning 6 this year. He has had a few FaceTime calls , does not pay child support, and can go months without contact to now over two years before out of the blue asking how she is and not contacting for weeks again. We do not have a... Read more »

Stefan Otterson
Stefan Otterson answered on Jun 3, 2021

In a custody case, nothing is certain. However, it is quite hard to get full legal and physical custody with no visitation unless the other parent has a criminal sexual abuse conviction or has a history of domestic violence, etc. Even then visitation would often be allowed, but supervised. A... Read more »

1 Answer | Asked in Copyright for Alaska on
Q: Can I file a copyright for already published artwork (cartoons specifically)?

My husband is an illustrator (mainly cartoons). He draws a couple new ones every week, which are released at the same time. Is it possible to file a copyright for all of his already published works? They are all of the same character, from the same line.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 24, 2021

It can be a tricky question.

In essence you can register a collection of non published creations.

If it is already published, then it has to be individually.

It may depend on the context.

You should consult with an attorney and explore your options.

1 Answer | Asked in Divorce, Family Law and Child Custody for Alaska on
Q: My son's soon to be ex wife will not allow him to see or talk to his children.

He is working on starting divorce proceedings but has not seen his children since his soon to be ex-wife kicked him out of their home three weeks ago in the middle of the night. Their children went to bed and dad lived in the home, the next morning dad did not. Up until this happened he was... Read more »

Stefan Otterson
Stefan Otterson answered on May 18, 2021

First try to use persuasion. Let the wife know that divorce paperwork will be filed very soon. Let her know the court will be looking at each parent's behavior, and her denying contact with the children might reflect very poorly on her. Encourage her to talk to an attorney, who will... Read more »

1 Answer | Asked in Family Law for Alaska on
Q: Ex. wife wrote a letter to the judge and I after her motion was denied.

The letter was full of slander and comments aimed at destroying my character. In the original motion my ex. asked to have the kids during the school day. Her motion was denied. She also stated my payments are not current for her credit card. The judge asked her to provide proof of this. Instead, of... Read more »

Phyllis Shepherd
Phyllis Shepherd answered on May 5, 2021

It is an ex parte communication to the judge, but if it is made part of the court file available for public viewing, then you could file a motion to make this letter to the judge confidential or sealed under Alaska Administrative Rule 37.6 ( b)(2) dealing with privacy interests.

The...
Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: My kids were homeschooled by both parents in our separate homes this year. I can't make this accommodation next year.

Our divorce began as COVID 19 started. My ex. and I pulled the kids from in person learning as the schools COVID rates were sorted out. Fast forward to now, we have 1 case every few weeks in our small rural Alaskan village and the school has implemented an effective mitigation plan keeping kids... Read more »

Phyllis Shepherd
Phyllis Shepherd answered on Apr 28, 2021

I will assume that you do not have a court order granting either parent sole legal custody. Assuming both of you are equally good parents, courts prefer that equally good parents cooperate for the best interests of the children. Pediatricians and other health care professionals recognize the... Read more »

1 Answer | Asked in Employment Law for Alaska on
Q: Can an employee say willful disregard for employers imterest after employee worked over 48 hrs every week for 6 years .

I worked 80hrs week b4 1st suspension, and I worked 14 1/2 hrs when they suspended pending term. Both times I showed up I was just late due to oversleeping. Was exhausted.this happened after I told my regional I needed to speak with him it was an emergency that the job I transferred to wasn’t... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 7, 2021

As long as you are being properly compensated for the hours you are working, there is generally no limit on the hours an employer can ask you to work. If you are late to work for oversleeping, your employer can discipline you. If you have unpaid wages, as you mentioned, you should contact an... Read more »

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: When is the first full week of a month?
Phyllis Shepherd
Phyllis Shepherd answered on May 5, 2021

I have seen child custody decrees that allow the parents to define what the first full week of the month means for purposes of the decree. For example, the parents can agree that the first full week of the month starts with the first Sunday of the month followed by six consecutive days.

1 Answer | Asked in Child Custody for Alaska on
Q: Can custodial parent send child to spend summer out of state without noncustodial parents permission?
Phyllis Shepherd
Phyllis Shepherd answered on Mar 19, 2021

I am assuming that this child is a resident of the state of Alaska and the fact that you call one parent custodial and the other parent noncustodial, suggests that there is an Alaskan court order governing this situation. If the court order does not mention the situation of a child traveling out... Read more »

1 Answer | Asked in Child Support for Alaska on
Q: Alaska child support took my drivers license because they couldn't locate me do I have any options
Phyllis Shepherd
Phyllis Shepherd answered on Mar 5, 2021

There is the possibility of filing a Petition for Expedited Relief from Driver's License Action or Occupational License Action with the Superior Court.

1 Answer | Asked in Real Estate Law for Alaska on
Q: how do I add my daughter name to our title.
Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hire a competent Alaska attorney to draft a Deed. You can have a life estate/remainder deed, tenants in common, joint tenancy with right of survivorship, or many other types of future interest deeds. It may need a title search besides just examining to last Deed.

2 Answers | Asked in Trademark, Communications Law and Identity Theft for Alaska on
Q: If I should change my domain name, would this change be of any damage to my original trademark invention?
Timothy John Billick
Timothy John Billick answered on Jan 6, 2021

Please update this question with more information

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1 Answer | Asked in Personal Injury and Health Care Law for Alaska on
Q: can I sue a hospital for my daughter getting tourettes due to medication?

my daughter (15) got put on anti psychotics for sever anxiety and the doctors didn't tell us about a side effect that causes a tic disorder. the disorder commonly related to the medication she was put on only appears in elders who's gone through menopause and such things. we are thinking... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 24, 2020

An Alaska attorney could advise best, but your question remains open for two weeks. I'm sorry for your daughter's ordeal. This has the makings of a complex and difficult case, likely offering different avenues from which to assert OR defend the correlations you offer.

As a...
Read more »

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: The father of my child fled the state of Maine to Alaska. We had an agreement that she could go visit him for the summer

She had a round trip ticket. He didn’t send her home and filed for full custody first. Will the judge look at him as unfit for the child involved because of his impulsive choices? We have never had an issue with sharing our child or anything through the courts

Stefan Otterson
Stefan Otterson answered on Dec 10, 2020

It sounds like you do not have a custody order in any state, and you had an informal agreement. Yes, violation of a well documented agreement might weigh against the parent who violates it, especially if it creates anxiety for the child, who may not now know where she will be living from one day... Read more »

1 Answer | Asked in Real Estate Law for Alaska on
Q: I just foreclosed on a property in alaska. I was 2nd lien. Is it my responsibility to contact the owners? Or them me?

Foreclosed with Deed of trust and promissory note thru divorce. Ex still owes alot to original owners. Should have been paid in full in 2015. All involved avoid/ignore me. Am I responsible for his payment contract?

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2020

You are not personally responsible for the priority Note. But if someone does not pay it, at some time in the future the first Deed of Trust will be foreclosed. If there is no surplus, then your Deed is extinguished. But if there is a surplus, and the trustee is honest, you as the second... Read more »

1 Answer | Asked in Intellectual Property for Alaska on
Q: Have title of truck i bought 4 years ago and truck now state has registered owner as a ward of state all titles flag

Like they own it what do I do

Allison Higgins
Allison Higgins answered on Nov 19, 2020

Hi there. This section is for intellectual property questions like copyright, trademarks, and patents. You may want to re-post your question in a different section for personal property, traffic incidents, or civil litigation. Sorry about the confusion!

1 Answer | Asked in Adoption and Child Custody for Alaska on
Q: I need help answering child custody and adoption q&a in alaska and arizona.

My children were taken by ocs in alaska and placed in foster care with non relatives because my entire family lives out of state they have filed termination and trial just occurred for termination judge is waiting for the closing arguements. My brother and father in Arizona want to adopt my... Read more »

Stefan Otterson
Stefan Otterson answered on Nov 12, 2020

Yes, your relatives can do two things. They can intervene in the CINA case to contest OCS's placement decision, and they can file an adoption petition, which would probably be assigned to the same judge handling the CINA case. They should have legal assistance for that, as there is lots of... Read more »

1 Answer | Asked in Real Estate Law for Alaska on
Q: I own property in Haines Alaska jointly with my ex wife who lives in oregon. I use the property for a business I own.

I would like to buy her out but we can't come to an agreement. Can she force me to sell the property and split the money?

Robert King Reges Jr.
Robert King Reges Jr. answered on Nov 2, 2020

You do not say the capacity in which you "jointly own" but typically in Alaska a husband and wife acquire real estate "by the entirety" meaning 'as husband and wife.' Given that you are apparently divorced I'm presuming your ownership was converted to... Read more »

1 Answer | Asked in Child Custody for Alaska on
Q: If I die does my son’s father automatically get custody?

My son and I left Alaska when he was less than a year old, and his father hasn’t seen him since. They Skype, and he follows his child support order. We have joint legal custody and I have primary physical custody. My son is now 7, and I want to know if his grandmother has any rights to him, or... Read more »

Stefan Otterson
Stefan Otterson answered on Sep 11, 2020

Yes.

It's not even clear that any action by the court would be needed. He was already able to exercise legal custody, and after your death, he would have the clear right to physical custody.

Grandparents would have no right to custody, though they could ask for...
Read more »

1 Answer | Asked in Personal Injury for Alaska on
Q: My statue of limitation is running out on my personal injury case. Is there a form I can fill out to extend the statue?

I was diagnosed with uterine cancer after using Johnson and johnson talc powder all my life.

Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

Time is of the essence in your situation. Although an attorney in your jurisdiction could advise best, it would be advisable for you to take action without further delay instead of awaiting a response to your post here. DO NOT count on the statute of limitations being extended in significant... Read more »

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