Lawyers, Answer Questions  & Get Points Log In
Arkansas Questions & Answers
1 Answer | Asked in Probate for Arkansas on
Q: How long are they allowed to keep probate open ?
Brandon M Haubert
Brandon M Haubert answered on Jan 19, 2020

There is no time limit to close a probate. However, if the personal representative is not doing what they are supposed to (managing the assets, filing an inventory, filling accounting, etc) then you can file to have those things done and possibly;ly to have the personal representative removed.

1 Answer | Asked in Criminal Law for Arkansas on
Q: my son had a felony charge against him he has three boys DHS came and took them his charges were dropped to a misdemeano

will the state of Arkansas return them to him without delay.

James E Hensley Jr
James E Hensley Jr answered on Jan 18, 2020

Typically when the charges are dropped to a misdemeanor DHS will return the children. With that said, it will depend on what that charge actually is. If it is sexual or violent in nature DHS could still keep the kids. There is so much more you need to know about having the children returned.... Read more »

2 Answers | Asked in Agricultural Law, Civil Litigation and Civil Rights for Arkansas on
Q: I have been divorced from a man who was killed a few years ago. I now have to reply to this, they are foreclosing proper

We were not married at the time of his death so what could this mean?

Tim Akpinar
Tim Akpinar answered on Jan 15, 2020

I'm sorry for your difficult situation. If you have an interest in the property and want to prevent foreclosure, you must act without delay. Four weeks have gone by and your post remains open. Time is of the essence here. If you need to prevent foreclosure and have not already acted by now, start... Read more »

View More Answers

1 Answer | Asked in Child Support for Arkansas on
Q: Can you have a warrant for not paying child support fees only?
Stewart Whaley
Stewart Whaley answered on Jan 15, 2020

Yes. Depending on the facts, the parent can face a misdemeanor or felony. Ask the judge for a body attachment (civil warrant) and they often "find" extra money after being hauled before a judge that explains they are about to spend a some time in jail.

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is there an automatic year parole denial if the offender is on parole when caught with firearm??

I have a buddy who was going to serve a 90 day parole violation on January 9th and got caught with a gun... Will he automatically get a year denial when he goes up for parole or is it an option but not automatic??

Adam Joseph Childers
Adam Joseph Childers answered on Jan 14, 2020

A violation of parole does not mean that an individual will get an automatic year of incarceration. If your friend signed for 90 days on the parole violation then he will be released after the 90 days pending the outcome of the new charge and any bond they will have to make after the parole hold... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: We have a contract in AR to build a new home. The builder will be late. Any recourse to recover expenses due to the

Contract states "The Closing of the sale of the real property (the “Closing”) shall occur on or before January 15, 2020 or at such other date as may be mutually agreed upon by Buyer and Seller (the Closing Date)." The builder has informed us they will not be ready on the 15th and may not be... Read more »

Jarred Kibbey
Jarred Kibbey answered on Jan 12, 2020

You may have potential recourse depending on other provisions in the contract and the cause of the delay. Some contracts include financial penalties for missing closing dates, so you should review other sections of the contract. Barring any specific language in the contract for penalties, the... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: My mother died in October 2018. We had a joint checking account with Right of S. Does it go through probate?

We are in probate. My niece is fighting my mom's will and accusing me of hiding my mom's money. This is an account that is for business purposes only, no checks. It is a Reserve Account with a hold on the funds from the bank to pay our monthly mortgage. I don't have access to the account; only... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

There is a very, very strong presumption that a bank account that is titled as joint tenants with right of survivorship goes to the survivor upon the death of the other account holder, and the bank can safely turn over the funds to the survivor without requiring probate.

However, if someone...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: Can you sue an employer if you think you were terminated as retaliation for reporting racial & discrimantory acts?

I was the only AA at my job in corporate banking. I suspected that I was being discriminated against. For example, there were certain restrictions placed on what I could do but, after asking several non AA coowrkers who started the same day as me who stated they didn't have any restrictions placed... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 8, 2020

You may be able to bring a claim for retaliation based on complaints of race discrimination under Title VII of the Civil Rights Act of 1964. To prove this claim, you must be able to establish that (1) you engaged in a protected activity; (2) you suffered an adverse employment action; and (3) there... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is OBSTRUCT GOVERNMENT OPERATIONS a felony or a misdemeanor in Arkansas
Degen Clow
Degen Clow answered on Jan 7, 2020

In Arkansas, Obstruction of Governmental Operations is a misdemeanor.

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Arkansas on
Q: I have a family member that has a warrant out for their arrest for a Class A theft misdemeanor in Arkansas of $199.65

What is the possible penalty they may face and they currently do not have a record and have never been arrested. This will be their first offense.

Degen Clow
Degen Clow answered on Jan 7, 2020

This is an A - Misdemeanor, the penalty range is up to 1 year in county jail and up to a $2,500 fine. Because they are a first offender, their are several ways to handle this type of case to try to keep it off their record and help avoid any jail time. You should consult with a criminal defense... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is there any chance of probation for first time offence of residential burglary class B felony in Arkansas?
James E Hensley Jr
James E Hensley Jr answered on Jan 6, 2020

Yes. A lot depends on the facts of the case. Typically though, a probation offer is possible; especially with a good lawyer. It is also possible to get the Class B Felony down to a lower Felony. Need to get a lawyer right away.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone comes to court and claims that the drugs you are being charged with belong to them will the charges against y
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Not guaranteed. Happens all the time where someone will take the fall. The DA will analyze the case and evidence. If this person is lying, they could be charged with obstruction, perjury, false statement.... lots of stuff so be very careful. Best to hire an attorney and let the attorney present... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Will the charges be dropped If someone else claims the drugs you are being charged with
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Depends. Depends on the DA, the evidence and how much they want to believe that other person.

1 Answer | Asked in Nursing Home Abuse and Elder Law for Arkansas on
Q: A Nurse is forbidding consentual intimate relations between 2 consenting adults, what do I do
Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

It could depend on the policies of the facility. Good luck

Tim Akpinar

1 Answer | Asked in Family Law for Arkansas on
Q: Can I file a petition to change legal guardianship of my 17 year old to his grandparents. We are moving and he stay

He wants to stay with them to finish high school there. Is it process we can do ourselves through clerk or do we need to obtain a lawyer?

Dustin A. Duke
Dustin A. Duke answered on Jan 3, 2020

You probably can achieve what you need with a power of attorney, as opposed to a guardianship. A POA can give the grandparents authority to make decisions for your son, such as school and medical. It is simpler and cheaper than a guardianship and won't require court action. I have POA for minor... Read more »

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I use an Amber flashing light on m car that I use as a Hazzard light. I got a ticket. What the max fine?

I use it so people can't say they didn't see me when they hit my car. I've seen others use similar light too while driving. Why did I get a ticket for Hazzard light use .

Stewart Whaley
Stewart Whaley answered on Jan 2, 2020

It is running all the time becasue you want people to always see it?

If so, it sounds like a violation of 27-36-208(c). You aren't an authorized emergency vehicle, only using it as a turn signal and "just driving" is not an unusual traffic hazard.

27-36-208(c)

Special...
Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Arkansas on
Q: How do I obtain the status of sort of which has no implied obligation and has immunity without recourse of said entity?

How to make claim of status as a free man and only acting agent of said entity

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 30, 2019

This is sovereign citizen nonsense. Do yourself a favor and forget it and move on.

2 Answers | Asked in Tax Law for Arkansas on
Q: Shouldn't the Army have to notify me of taxes owed on moving costs in order for me to make the choice beforehand?

I recently moved from Utah to Arkansas to take a job as a civilian with the US Army Corps of Engineers. I had the Army move my HHG. I just got a debt collection letter from the Army saying I owed taxes on the amount the Army paid the moving company to move me (about $4,700 in taxes). None of the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 30, 2019

No, there's no requirement for them to advise you.

Attorneys literally protect you from stuff like this.

Find one you like and pay them to give you advice.

The only thing more expensive than an attorney is not having an attorney.

Sorry that happened to you....
Read more »

View More Answers

1 Answer | Asked in Contracts and Construction Law for Arkansas on
Q: can a supplier of shingles come after me, the property owner for the cost of shingles already paid to the contractor?

The shingle company is trying to hold me up for the cost of shingles that the contractor did not pay for though I have no contract with them.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 25, 2019

Unless you were in cahoots with the contractor and the supplier of the shingles can prove it you may be in the clear. On the other hand, since you have a claim against the contractor why not agree to help the supplier get the money you paid to the contractor?

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: I know someone in the state of Arkansas doing tattoos out of her house. I have LOTS of pictures for proof

Also has a 10 year old daughter living with her. What are the penalties?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 23, 2019

I hope you don't turn them in because that is such a dumb law. I don't know what the penalties are, probably a small fine.

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.