Arkansas Questions & Answers

Q: My fathers wife of 10 years just passed away. Can he sell their home and belongings without going to probate? No will

1 Answer | Asked in Probate for Arkansas on
Answered on Jan 16, 2018

Who prepared that 'quick deed' (I assume you mean a quit claim deed) and how was it titled? Do it yourself property planning like this is dangerous at best, and that deed may have just forced your father into Probate because he didn't understand what happened. Ideally an attorney prepared that deed and did so in a way that won't require probate. Talk to the attorney who did the work (Or HIRE A LOCAL ATTORNEY if you didn't have one then!) to insure you follow procedures properly.

There...
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Q: Hello, I bought an item from China and paid with PayPal. When I received the item, it was flawed and had missing parts.

1 Answer | Asked in Consumer Law and Business Law for Arkansas on
Answered on Jan 15, 2018

need to check your contract to see what it's provided
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Q: I filed a domestic report on my bf and my parents said if I stayed with him, they would take my son from me, can they?

1 Answer | Asked in Domestic Violence and Family Law for Arkansas on
Answered on Jan 10, 2018

It is possible that your parents will file a guardianship petition. With the facts you mention they have a pretty good chance at taking your child.
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Q: Can someone who files a no contact order still continue to contact the person the order is filed against?

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Answered on Jan 10, 2018

There's is no duality in Arkansas. The person who files the OP may contact the person who was filed on. I would not talk to them though.
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Q: I have been terminated by my company who offered a one month severance. I have a signed contract calling for two years

1 Answer | Asked in Contracts and Employment Law for Arkansas on
Answered on Dec 30, 2017

What reasons were assigned to terminate your contract? There has always been a due process to terminate a contract. You are advised to immediately consult Attorney of your local jurisdiction having expertise in Employment/Contract Laws so as to initiate reversal through court of law.
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Q: My ex husband was charged with DB3 a year ago.4 days ago he done it to me again.Can I still charge him?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Dec 26, 2017

Thanks for reaching out. Abuse is a difficult thing to deal with. At least you are doing something about it. So often, people tolerate ill treatment. The short answer to your question is yes. You need to contact the Prosecutor in your area. A city attorney or the prosecutor in the circuit court will help you. You should also make a police report right away. Be sure and take lots of pictures.

Abuse always gets worse. Got some help from your family and friends. Be honest with...
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Q: My ex lIves in Texas and I live here in Arkansas, I have a two month old baby who was born here in this state. Now he

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arkansas on
Answered on Dec 26, 2017

It's always complicated when you are being mistreated by the man who should love you and the baby with no conditions. I can only answer some of your questions because the answer depends on a lot of things. Let's see if we can help a bit.

If the child has lived in Arkansas for the last six months then Arkansas has jurisdiction over the case. Any case being filed regarding the child has to be in Arkansas even now. You are smart to get legal help. If you are not married to the father...
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Q: we are trying to get our neice from lawrence co. dhs and they refuse to return our calls. we have filled out the papers.

1 Answer | Asked in Family Law and Adoption for Arkansas on
Answered on Dec 19, 2017

It is certainly time for an attorney. You should expect fees between $4500 and $6000. And realize that once DHS has a case, they sort of rule the case. That means they will make recommendations to the Court and the Court usually goes along with it. That being said, you can petition the Court to hear you also.

Typically, DHS will pick out a person in the family to give custody. I wonder why they did not pick you? Sometimes, DHS does not want a family member for several reasons....
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Q: Did the Arkansas statute of limitations for filing a civil suit for sexual abuse start "ticking" again for my wife?

1 Answer | Asked in Family Law and Personal Injury for Arkansas on
Answered on Dec 19, 2017

More likely criminal action. Best bet is for her to consult a member of the Ark.Assn for Justice who handles assault cases and see what they say--they give free consults.
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Q: So one hit me one the job worker comp paid for medical bills which was small amount . Worker comp put a lien on

1 Answer | Asked in Car Accidents for Arkansas on
Answered on Dec 19, 2017

lawyer usually gets paid at each stage depending on the contract and if the stages are defineable. Suggest you sit down with your lawyer to figure out what is going on, face to face rather than over the phone.
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Q: If Car A is using the max allowed distance for a center turn lane, and Car B noses into the lane much closer to an inte

1 Answer | Asked in Car Accidents and Personal Injury for Arkansas on
Answered on Dec 19, 2017

Very difficult to tell from a verbal--you did a good job but tough to tell. You need to consult a member of the Ark Assn for Justice--they give free consults.Generally, the person who rear ends another is at fault or at least starts out by having to show the other company why they aren't at fault. If both turning, you need to figure how the "lanes" would run if two can turn from adjacent lanes. Much easier to get a free consult in person.Bring the crash report.Avoid giving statements until you...
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Q: If a parolee is obtained for new charges and can bond out, but has a hold for absconding and cant bond out. Whats Why??

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Arkansas on
Answered on Dec 18, 2017

There is not enough information to tell you everything but generally, once a parole reoffends, the PO will revoke his probation and keep him in jail. The parolee now has the new charges and then the revocation. If the new charges are not too bad, the PO will keep him in jail for a month maybe less then release him. If the parolee can't stay out of trouble, he will be sent to the TVP (Technical Violator Program) for a few months.

No one will speak with you because you are not a lawyer...
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Q: Arkansas was convicted of assault on a family member 3rd, never informed that I lost gun rights, did I loose them

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Dec 17, 2017

This charge by itself would not necessarily be the reason to lose your gun rights. Depending on the facts and if there was an order of protection you would not have lost your gun rights. And even if you did, there may be a way to remove (expunge or seal) the record. Get with a criminal lawyer. Most of us can help you.
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Q: I just found out that my father suffered from bed sores before he passed away.

1 Answer | Asked in Nursing Home Abuse for Arkansas on
Answered on Dec 15, 2017

It depends on the statute of limitations in your jurisdiction. For example, in Arkansas a medical negligence/nursing home neglect lawsuits must generally be filed within a 2 year statute of limitations (running from date of negligence, i.e. acts and omissions that caused the bedsores, not date of death). Each had stste can be different. Let me know if the negligence was in Arkansas and I can provide more detail. Thanks, Darren.
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Q: I am filing bankruptcy and need a new car

1 Answer | Asked in Bankruptcy for Arkansas on
Answered on Dec 13, 2017

I would recommend trying to get the new car and then Reaffirm the Debt to the financing Company. Try and hold off on filing 60 days, so there are at least two payments to show good faith
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Q: If I am getting text messages from an estranged son that he will kill his father or brothers how do I get help

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Dec 13, 2017

Call the prosecuting attorney or the police
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Q: If a 17 year old consents to fight with a 21 year old and the 21 year old causes physical harm is it a battery charge.

1 Answer | Asked in Personal Injury and Criminal Law for Arkansas on
Answered on Dec 12, 2017

Depends on who hit whom when. The 21 year old should consult a criminal defense attorney, not discuss this on any social media including public websites.
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Q: Order of protection on someone

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Dec 11, 2017

YES! A very big yes. It is a violation of the protection order. You can contact the prosecuting attorney and let them know he is violating the order. He will probably be arrested for violating the order. Most of these cases wind up in divorce or paternity court. Depending on your child's age, the seriousness of the charge, and a lot of other factors, the father will be allowed to one day and under certain conditions such as supervised will be able to see the child. The earlier you get...
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Q: does it mean I'm not married?

1 Answer | Asked in Divorce for Arkansas on
Answered on Dec 11, 2017

Please contact an attorney. Most likely the statement implies that the marriage was dissolved or annulled as per that date. Therefore, you are no longer married.

Ahsan A. Syed, PSC // Law Office of Stephanie E. Emanuel (the attorney) answers and comments to questions are for general purposes only and does not establish an attorney-client relationship without a signed retainer.
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Q: EEOC case, false allegations placed on PIP. Terminated for "not providing an improvement plan". No documentation of pp.

1 Answer | Asked in Employment Law for Arkansas on
Answered on Dec 9, 2017

As per your given brief details there are a couple of suits that can instituted against your employer : (i) false allegations of which you have proofs to be false and can rebut; (ii) termination without due process on allegation of non-provision of improvement plan, etc.

Advised to consult with Attorney of your local jurisdiction for a specific advice.
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