Alaska Questions & Answers by Practice Area

Alaska Questions & Answers

Q: Does the SB 91 bill in alaska cover Federal charges or is that just for state?

1 Answer | Asked in Federal Crimes for Alaska on
Answered on Mar 27, 2017

It only pertains to state charges.
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Q: Hi my sister who is legally age took mostly all of my belongings without permission and packed them up while i was away

1 Answer | Asked in Criminal Law and Family Law for Alaska on
Answered on Mar 21, 2017

Although you are family members, neither of you has an obligation to the other that goes beyond what two strangers would have. This isn't a matter of family law. You could report your sister's acts to the police, or you could bring a civil lawsuit yourself. Unless the property value was very high, you would do this in Small Claims Court, which has procedures that are conducive to handling things yourself without a lawyer.
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Q: The Police Investigator in my husband's case also operates a private detective business. Is this legal?

1 Answer | Asked in Criminal Law for Alaska on
Answered on Feb 28, 2017

No, it doesn't appear that the fact that this individual runs a private business on the side affects the validity of his investigative results. Whether or not members of the community think of him as a police officer or as a private investigator doesn't appear to matter as well. Alaska, by the way, doesn't license private investigators last time I checked.
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Q: I live on property that my father owns. I want to be sure that I get this property if he passes.

2 Answers | Asked in Estate Planning and Family Law for Alaska on
Answered on Feb 26, 2017

Generally, your father, if he is still mentally competent and capable of forming testamentary intent, can make a will leaving his property to whomever he wishes. If he agrees with you, have him make a will leaving you the property. If he doesn't make a will, you alone would inherit the property only if you were his sole living heir when he dies - no siblings or children of deceased siblings, etc. I strongly recommend having a lawyer near your father prepare the will at your father's direction...
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Q: What do I do if I cannot obtain a copy of my W4 because the company refuses to return contact?

1 Answer | Asked in Employment Law and Tax Law for Alaska on
Answered on Feb 24, 2017

If they didn't withhold any of your wages, the IRS didn't get any money, so you will not get credit for what they should have withheld. Whether or not you gave them a W4 (by which they didn't withhold taxes) is immaterial. You will have to pay tax on the entire amount of your wages with no credit for wages withheld.
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Q: I'm living in a house that my companion has a 50% ownership two children own 25% each. He leaves his 50% to me in will.

1 Answer | Asked in Probate for Alaska on
Answered on Feb 24, 2017

You have apparently asked another related question. The other one has already been answered; I will answer this one.

If you inherit by will a half interest in the house, you will own the house in common with the children. For them to throw you out they would have to sue you to "partition" the property. If they do so, it would probably be sold and the proceeds divided among the three of you.
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Q: Can I hire a attorney that does unbundling service and then hire that same attorney to be at the hearing or trial?

1 Answer | Asked in Family Law and Child Custody for Alaska on
Answered on Feb 15, 2017

Yes, both those things are possible. That is, they are not prohibited by any ethics rules, etc. However, you would need to ask the particular lawyer whether he/she is willing to move from unbundled assistance to full representation and a court appearance. Some are and some aren't. You should think about whether you want full representation for the duration of the case (which would normally require a large retainer) or just a court appearance at a specific hearing (which usually requires a...
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Q: Can they take my kids because I was going to the battered woman's shelter?

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Alaska on
Answered on Feb 13, 2017

No, there must be evidence of abuse or neglect, or failure to protect from abuse at the hands of another. That may or may not be present when a battered woman's shelter is involved. If there has been domestic violence, the question is whether the children have been exposed to it, and whether you have done what you can to protect them from such exposure. Using the shelter is usually a positive sign, as long as you don't go back and forth between the batterer and the shelter, taking the kids...
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Q: Does power of attorney override a last will and testament

1 Answer | Asked in Probate for Alaska on
Answered on Feb 8, 2017

A power of attorney generally ends upon the death of the person who executed it. The will does not come into effect until after the person's death, so in the simplest sense, the power of attorney cannot override the will. However, many things can be done through a power of attorney during the persons life that will affect what assets end up being subject to the will. This is something you would need to discuss with a probate/estate planning attorney.
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Q: I live with companion; he owns 50% of house. Can the kids that own the other 50% through me out if friend dies before me

1 Answer | Asked in Probate for Alaska on
Answered on Feb 6, 2017

This is actually more of a real estate question. If the kids inherit your companion's 50%, then they would have total ownership of the house. Unless you have a lease, I don't know what right you would have to stay in the house against the owner's wishes. A real estate lawyer might find a different way around this, but it is not something that's addressed in the family law statutes.
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Q: What should I do if my ex-wife has been doing dugs in front of my son and has a boyfriend that is a criminal absconded?

1 Answer | Asked in Child Custody for Alaska on
Answered on Feb 3, 2017

Sounds like you have two issues which can be separated. If you think your ex-wife's home is unsafe, and can find enough solid evidence to back up your concern, then you may want to file a Motion to Modify your custody order.

Her failure to buy tickets and to give you her new address seems to fall within your current order. If she isn't complying with the prerequisites for a summer visit, then you should file a Notice with the court that you intend to forgo the summer visit unless...
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Q: i would like to know if my doctor can drug test me without letting me and and send it out without telling me the results

1 Answer | Asked in Health Care Law and Medical Malpractice for Alaska on
Answered on Jan 18, 2017

Sounds a little unprofessional but not something that you can bring a case about--unless you want to spend a few thousand dollars to pay a lawyer by the hour.
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Q: Would like to change venue before I file to modify custody. Is that possible?

2 Answers | Asked in Child Custody for Alaska on
Answered on Jan 13, 2017

If you and the other parent agree to the change of venue, then it should be ok. (I'm assuming "venue" means moving from one Alaska court to a different Alaska court.) If the other parent disagrees, it becomes a factual question for the court to decide, and it will be hard to predict the decision, even with complete information. Generally, you need to consider how inconvenient the change of courts would be for the other party. Where most of the witnesses are located, and whether the...
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Q: At what age can a child in Wasilla, AK chose what parent she/he wants to live with?

1 Answer | Asked in Child Custody for Alaska on
Answered on Dec 21, 2016

If both parents agree to let the child decide at a certain age, then it's up to them. If both parents don't agree, then it will likely be the court that determines custody. From the court's point of view, child custody is an adult decision. The court has to consider all the factors required by statute and make a decision that will be in the child's best interest in light of all the circumstances. As part of that process, the court will consider the child's preference "if the child is of...
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Q: Do states that allow businesses that are illegal federally, violating any law by restricting stakeholders to be resident

1 Answer | Asked in Business Law and Constitutional Law for Alaska on
Answered on Dec 18, 2016

You are perhaps referring to the Alaska laws allowing the sale of marijuana by certain regulated companies? Generally the constitutionality of state laws, such as these, restricting the transaction of certain business to Alaska residents would have to be litigated on a case-by-case basis.
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Q: I have sent my spouse dissolution papers many times but she either won't sign them or keeps changing them. What do I do?

1 Answer | Asked in Family Law for Alaska on
Answered on Dec 9, 2016

First, I assume you have talked to your spouse about it, found out why he/she won't sign, and decided it's something you can't agree to. Either that or he/she refuses to communicate with you.

If that's the case, then you will have to file a normal divorce complaint. Unless you choose to have a lawyer do it for you, you can get the necessary forms on the court system's website (the same place you got the dissolution form). Be sure to follow all the instructions that come with the...
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Q: I am 17 in 7 months. I Live in a house with verbal abuse everyday. Can I legally move in w/my boyfriend in the summer?

1 Answer | Asked in Child Custody and Juvenile Law for Alaska on
Answered on Nov 7, 2016

There is a legal process for gaining independence if you are living apart from your parent or guardian and can show that you are capable of sustained self support. The process is called "emancipation." If you are still living with your parents or you are in foster care, it's not clear you would qualify. However, you should talk to your guardian-ad-litem (GAL) about this. If your GAL doesn't agree, you can ask the court to appoint an attorney to help you. OCS also has an independent living...
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Q: married 6 mts.,both names are on morgage but I make all payments/upkeep,who will get house,got house together

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Domestic Violence for Alaska on
Answered on Oct 27, 2016

Normally retirement savings, any other savings, and any other assets (just the equity) accumulated during the marriage are considered marital assets and the court is supposed to divide them up fairly. Six months is a very short marriage, so the court may simply try to return you both to the situation you were in before you got married. To the extent you kept your finances separate, you may be able to preserve that. However, if you bought a house together and you're both on title and...
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Q: I am interested in adopting my stepchildren but their father (my wife's ex) is still in the picture.

1 Answer | Asked in Family Law for Alaska on
Answered on Oct 25, 2016

You can only adopt if the biological father consents, or he drops out of the picture (no contact with the child and/or no child support) for more than six months to a year.
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Q: How do I go about getting money from my soon to be ex husband who stole money from me?

1 Answer | Asked in Divorce for Alaska on
Answered on Oct 25, 2016

The short answer is you file for divorce and you ask for it there. That's a gross over simplification, but it's not possible to say more on these facts. You could probably get an answer within an hour of consultation with a local attorney.
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