Alaska Questions & Answers by Practice Area

Alaska Questions & Answers

Q: What does "I further allege the following as my affirmation defenses" mean in a divorce answer filing?

1 Answer | Asked in Divorce and Family Law for Alaska on
Answered on May 7, 2017

It probably means the person who wrote the Answer was trying to sound legal. He/she probably meant "affirmative" defenses. Certain types of defenses need to be specifically listed in an Answer. If a party lists them, it just preserves the right to argue them later. However, most of them have nothing to do with the issues you are dealing with in a divorce.
View Details »

Q: Judge awards property to spouse in divorce.

1 Answer | Asked in Divorce for Alaska on
Answered on May 5, 2017

If your former spouse refuses to comply with a requirement of your property division order, you can file a motion to enforce the order. You would file it under the divorce case number.
View Details »

Q: Ancillary Probate Documents and timeline required

1 Answer | Asked in Probate for Alaska on
Answered on Apr 26, 2017

In general you would have to lodge the order you want the judge to sign, as well as the letters of ancillary administration. In some places there is a court official appointed as probate administrator; you might want to call that person's office for clarification as to what else might be needed.
View Details »

Q: Drove my friends car and he didn't tell me he didn't have insurance, What are my options

1 Answer | Asked in Traffic Tickets for Alaska on
Answered on Apr 20, 2017

Were you in an accident? Do you have insurance? Your policy may cover your use of the borrowed car.
View Details »

Q: I'm a partner in a LLP and a LLC. Do either of these require probate?

1 Answer | Asked in Estate Planning for Alaska on
Answered on Apr 20, 2017

That would depend on several things, including whether there is appropriate language in the operating agreements.
View Details »

Q: Can someone who has had their parental rights terminated from all of their children, adopt another child?

1 Answer | Asked in Adoption, Child Custody and Family Law for Alaska on
Answered on Apr 20, 2017

No. The court would look into the reason for the TPR, but it would be a case-by-case determination.
View Details »

Q: is a college liable for clean up costs when an alumnus donates contaminated land. What source will answer this?

1 Answer | Asked in Environmental for Alaska on
Answered on Apr 19, 2017

If it's a state college, cleaning should concern the U.S. Environmental Protection Agency. Good luck.
View Details »

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.
View Details »

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.
View Details »

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.
View Details »

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...
View Details »

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.
View Details »

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.
View Details »

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...
View Details »

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...
View Details »

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.
View Details »

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.
View Details »

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...
View Details »

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.
View Details »

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...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.