Lawyers, Answer Questions  & Get Points Log In
Alaska Questions & Answers
1 Answer | Asked in Employment Law for Alaska on
Q: Is there an exception to Article 3. for example if you did not discover you were not paid you were entitled to in 2021
Brad S Kane
Brad S Kane
answered on Jun 15, 2022

Claims for unpaid overtime or minimum wage must be filed within two years from the date the work was actually performed. Claims for straight-time wages or other promised benefits should be filed within three years from the date the work was actually performed. You should file a claim as soon as you... Read more »

1 Answer | Asked in Real Estate Law for Alaska on
Q: Where can i get ejectment package forms to file with the superior court in nome alaska
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 1, 2022

This is not a Florida law question, but since I am an inactive Alaska attorney, I might as well give you this link:

http://www.courts.alaska.gov/forms/index.htm#force

1 Answer | Asked in Bankruptcy for Alaska on
Q: I am filing bankruptcy. I have a partially finished house that is unlivable so I rent. Can I keep my house if I file?
Timothy Denison
Timothy Denison
answered on Mar 24, 2022

Depends on what exemptions you have available to you under federal or state law. Consult your bankruptcy attorney before you do anything.

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Civil Rights for Alaska on
Q: Homeless disabled ward of state abused as free labor and sexual physical abuse often to trade for shelter a

I was evicted without opa or lawyer present . I was told I abandoned my apt and locked out n things thrown in dump . Opa aware I'm dying and trafficked but no help. How can I better advocate or get my funds to live . I'm disabled with speech impediment

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2022

An Alaska attorney could advise best, but your question remains open for two weeks and your situation is a difficult and heartbreaking one. Under the posted categories, personal injury, real estate attorneys aren't going to know about this - the eviction issue is something for a... Read more »

1 Answer | Asked in Landlord - Tenant for Alaska on
Q: What are my options in the following scenario. Landlord claims I have abandoned my rental unit and threw out my stuff.

No judgements were entered. No eviction filed. Only threats of " its in corporates hands" completely blocked me from entering my home and threw away all of our family's belongings, meanwhile slandering our name to all of the other tenants .

Robert King Reges Jr.
PREMIUM
Robert King Reges Jr.
answered on Jan 31, 2022

Was this a residential unit or a commercial unit? Residential rentals are controlled by the Uniform Residential Landlord and Tenant Act (URLTA). You can find that online with the search words "Alaska URLTA." It tells you in plain terms your rights and obligations. If the unit was... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Alaska on
Q: How to file a court hearing against a HOA for being arbitrary and not enforcing all rules consistently and fairly to all

In short we have a newly formed HOA of 3 years in an area that had a lease that was never enforced and now those same rules are the HOA rules and are only heavily enforced on a very small few. Refuse to address it and discuss it. Allow different rules and exceptions for certain members. Enforce a... Read more »

Robert King Reges Jr.
PREMIUM
Robert King Reges Jr.
answered on Jan 31, 2022

Many homeowner associations are incorporated. Look to their Articles of Incorporation and Bylaws to determine available procedures for voicing complaints. If you follow the proper "administrative" procedures and obtain no substantive review or response then you have a procedural cause... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Alaska on
Q: How do I find My Land Left to me by my father I'm a Alaska native
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 27, 2022

Most real estate attorneys and all title companies can do a search for land in your father's name or in your name (if already transferred). If the land is still in your father's name, you need a probate attorney to help you get it retitled.

View More Answers

2 Answers | Asked in Immigration Law for Alaska on
Q: I entered the US on VWP and have been overstated for 2 years. Is it possible to apply Green Card?

Also my sponsor(husband) is in military and we have a child.

Adan Vega
Adan Vega
answered on Jan 3, 2022

Your husband can file the FORM I-130/I-130A ( Relative Petition) with USCIS.

If he is a U.S. citizen then you can also file for adjustment of status by submitting the FORM I-485 in that you have lawfully entered the U.S. through the ESTA program.

An experienced immigration attorney...
Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Alaska on
Q: As a grandchild of my grandfather, who is now deceased , can I try to sell his patent with permission from his wife ?

My grandpa and his friend invented something and have had a patent. Is it possible for me , his grandchild , with permission from his wife , take over his half of the patent to try to sell it ?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 15, 2021

This is not really a patent question. This is a question under state law of whether your grandfather assigned the invention to another party. If he assigned his rights, you have nothing to license to anyone. If there was a contract, then maybe there is room to regain the rights.... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Alaska on
Q: If my grandkids in Michigan are removed from their mother's care, her wish is to have them sent to me in Alaska.

Her wish is to have the kids placed with me and her step-father! What steps would we need to do to make this happen?

Stefan Otterson
PREMIUM
Stefan Otterson
answered on Dec 3, 2021

It sounds like the kids are already in the custody of the state in Michigan. That means you will have to work with their Child Protective Services office (CPS). Ask your daughter for the contact information for the assigned social worker and contact that person to let them know you are requesting... Read more »

1 Answer | Asked in Employment Law for Alaska on
Q: Employment law question: if I work at will, 29.5 a week, low long in advance I need to submit my resignation letter?
Brad S Kane
Brad S Kane
answered on Oct 23, 2021

At will employment means both you and your employer can terminate your employment relationship at anytime.

While employers often request two weeks notice, it is not legally required, unless you signed a contract for a definite term. Even if there is a contract for a definite term, the...
Read more »

1 Answer | Asked in Divorce for Alaska on
Q: I'm in a divorce with no underage children. I have a question about emotional abuse and mediation:

1. I'm told that the court is only interested in dividing assets. Would the emotional abuse that prompted my filing for divorce likely have any bearing on the outcome?

2. My husband has made it clear that he wants to part with as little of our assets and funds as he can. He has no... Read more »

Stefan Otterson
PREMIUM
Stefan Otterson
answered on Sep 8, 2021

1. The reason for the divorce is generally not relevant to property division.

2&3. In Alaska, mediation is always voluntary. The court will order mediation if the parties both agree it would be useful, but would probably not do so if one party tells the court that emotional abuse...
Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Alaska on
Q: Can I sue for improver covid isolation and obligated to return to work being covid positive? I'm not feelin well.

I work for a cannery in Alaska 16hrs shifts, they provide food and room. They hire us from out of state. I tested positive last month and this month again due to a roommate having covid. I have chest pain and can't return to work and I still have covid. tested positive three days ago. I... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2021

This is something that an experienced workers' comp attorney should advise on, but your question remains open for two weeks. COVID has introduced new issues in the workers' comp sector, so it would be best for you to reach to an experienced attorney. Many law firms in this field offer... Read more »

1 Answer | Asked in Family Law for Alaska on
Q: Can I take my child back from a guardian before court date. I’m trying to move
Stefan Otterson
PREMIUM
Stefan Otterson
answered on Aug 24, 2021

The short answer is no. You are not allowed to take back custody without court permission. However, depending on the facts and the terms of the guardianship order, there may be a way to take the child with you, as long as the court hearing is coming up in the near future. You should have an... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Gov & Administrative Law for Alaska on
Q: Who to contact regarding Alaska OCS repeatedly failing to appear for court for hearing to determine return of children?

The assigned attorney fails to give briefings before the hearings and fails to offer any advice. She is pretty much just a County paid paper pusher.

Stefan Otterson
PREMIUM
Stefan Otterson
answered on Jul 21, 2021

When you or your attorney calls OCS, you can generally ask for the immediate supervisor of the assigned worker. If that doesn't work, you can usually get the next person up. Keep going as far as you can. If necessary, try the Juneau main office. In some cases, the state Ombudsman can... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Alaska on
Q: Can my boyfriend and father of my child kick me out of my home if he owns the house
Phyllis Shepherd
PREMIUM
Phyllis Shepherd
answered on Jul 17, 2021

If your boyfriend has a domestic violence order against you, the court may grant him temporary custody of the minor . child and the court may order you to leave the home. Without a domestic violence protective order, If your boyfriend owns the home and if you were a tenant in his home and you did... Read more »

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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

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.