Arkansas Questions & Answers

Q: My brother passed in February and probate ended in November 2018

1 Answer | Asked in Probate for Arkansas on
Answered on Dec 17, 2018
Ben F Meek III's answer
There is usually a deadline for submitting creditors’ claims before the end of the probate proceeding. The primary exception is that the claim cannot be cut off unless the creditor was given notice and an opportunity to be heard. If the Executor/Administrator mailed notice or gave other reasonable notice to the creditor prior to the deadline, the claim may now be barred. If the creditor was not notified, they may still be able to assert their claim. This limitation is rooted in the US...

Q: Is it possible to file bankruptcy on an endowment loan my son used for welding school?

1 Answer | Asked in Bankruptcy for Arkansas on
Answered on Dec 7, 2018
Timothy Denison's answer
Possibly. You need to have your son consult an experienced bankruptcy attorney to handle this. He can NOT do tho himself.

Q: In 1999-2000 I was raped/molested by my then brother in law. Is it too late to file charges in Arkansas?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Nov 30, 2018
James E Hensley Jr's answer
This is a criminal law question. Your lawyer will be the prosecuting attorney in the county in which you live. You should start out by calling your local police department and making a complaint. You can also call the prosecutor directly. They have wonderful people who have been trained on how to help you through this difficult time in your life. I wish you well. I'm sure all the people of Justia and the lawyers who help do so also. You keep fighting!

Q: Me and my girl friend were arguing she does not pay any bills here and has a place of her own I call my step mom and as

1 Answer | Asked in Family Law and Domestic Violence for Arkansas on
Answered on Nov 29, 2018
James E Hensley Jr's answer
Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.

The reason is to end the argument for the night and give folks time to cool down. Usually, there is an order of protection in place to ensure the fight does not continue.

I'll also say though that if you were not the offending party, the Court should not...

Q: I am charged with domestic 3rd degree and I didn't touch her just her and my step mom got in a fight why am I arrested

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Nov 29, 2018
James E Hensley Jr's answer
Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.

The reason is to end the argument for the night and give folks time to cool down. Usually, there is an order of protection in place to ensure the fight does not continue.

I'll also say though that if you were not the offending party, the Court should not...

Q: I reside in Arkansas & my estranged husband lives in New Mexico. Can I file for divorce in the state of Arkansas?

1 Answer | Asked in Divorce for Arkansas on
Answered on Nov 20, 2018
Stewart Whaley's answer
Yes, if you've lived in Arkansas for at least 60 days.

You've been separated long enough to have grounds for divorce.

If you can locate him and he will sign a waiver, things will move faster and smoother.

If he won't, you can serve him directly or by publication, if needed.

Q: We need help understanding Arkansas Code 26-36-301 as it applies to our specific situation.

1 Answer | Asked in Tax Law and Collections for Arkansas on
Answered on Nov 16, 2018
Chad Silver's answer
If there was judgment on the balance owed against you it would be very difficult and costly to dispute. The smartest way to handle that would be good tax planning to ensure you have no refund coming back at the end of the year for the creditor to intercept. If you can ensure the tax withholding from your pay-stubs are proper along with estimated tax payments, it is likely no money can be intercepted.

Q: I'm primary custodian & my 13 yo doesn't want to go to his dad's for c/o visitation anymore. Do I have to make him go?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Nov 7, 2018
Stewart Whaley's answer
Yes, you have to make him go.

Ask the court to drug test dad (assuming you can pass one).

Petition the court for a modification of the custody/visitation order and stress the failed drug test.

Generally, courts don't like to stick kids in the middle of a parent-fight.

But with a 13 y/o and the facts alleged, a judge might want to hear directly from your son.

Q: I’m 19, just got married and want to fix papers for my husband. Am I able to at this age? If so what must I do?

1 Answer | Asked in Immigration Law for Arkansas on
Answered on Nov 6, 2018
Hector E. Quiroga's answer
Yes. You must file a visa petition for him. We strongly recommend that you consult with an immigration attorney because exactly what you have to do can depend on a number of factors.

Q: If no custady is legally set can on parent legally pick up the kids from school and keep them without returning them

1 Answer | Asked in Child Custody for Arkansas on
Answered on Nov 6, 2018
Stewart Whaley's answer
Where you married to him when the children were born or has he legally established paternity in another fashion (acknowledgement of paternity at birth, OCSE enforcement case, etc)?

He may have no parental rights in the first place.

In that case he would have the same right that I do. Zero.

If he is established as the legal father, file an action for custody/visitation. Hire an attorney for that.

Q: My daughter already lives with me and I still pay child support to her mom. Can I get full custody of her?

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Answered on Oct 31, 2018
Stewart Whaley's answer
There isn't enough information given.

What do you mean by "pay child support?"

If you are the legal father and paying support (through an OCSE paternity action, court ordered child support from a divorce, etc.) you need to determine your custody/visitation situation. Talk to an attorney.

If you have not been adjudicated the father, you have the same parental rights I have. None. Even if you are giving money to mom out of kindness, sense of duty, etc., it is not "child...

Q: Can I be in the USA via a employer sponsored Visa and have my mother( a US citizen) sponsor me for a green card?

1 Answer | Asked in Immigration Law for Arkansas on
Answered on Oct 30, 2018
Hector E. Quiroga's answer
There is nothing that should prevent your mother from filing a visa petition on your behalf while you are working lawfully on an employment visa.

Q: The tenant changed the locks without getting permission and without notifying the landlord, tenant refused to give

1 Answer | Asked in Landlord - Tenant for Arkansas on
Answered on Oct 29, 2018
Patrick R. Lee's answer
It's usually part of every residential lease agreement that the landlord has some sort of right of entry for inspection/emergency maintenance/etc.

It also seems like the initial changing the locks would likely be a breach of the lease by the tenant. It really all depends on what the terms of your lease agreement say.

Q: My landlord changed the locks before I was able to remove my personal property even though the eviction notice gives us

1 Answer | Asked in Landlord - Tenant for Arkansas on
Answered on Oct 26, 2018
Patrick R. Lee's answer
Unfortunately, once you've left the property, most of your personal belongings are deemed abandoned if you don't get them out quick enough. I would communicate with your former landlord to see if he'll let you in to get your things.

Q: Can a landlord kick in your door and rent to another tenant before you have been evicted

1 Answer | Asked in Landlord - Tenant for Arkansas on
Answered on Oct 26, 2018
Patrick R. Lee's answer
Definitely not. If this really happened, you need a lawyer right away.

Q: If my landlord wants to evict me, does he have to provide written notice to evict?

1 Answer | Asked in Landlord - Tenant for Arkansas on
Answered on Oct 26, 2018
Patrick R. Lee's answer
Yes. A landlord must give you written notice before starting the legal eviction process. The type of notice and length of time depend on the reason for the eviction.

Q: Do I need a lawyer to file Chapter 7 Bankruptcy? How do I obtain the paperwork to file for Bankruptcy?

1 Answer | Asked in Bankruptcy for Arkansas on
Answered on Oct 23, 2018
Timothy Denison's answer
Yes. Your lawyer will provide it. Filing fee is $335. 90-120 days from filing.

Q: I filed ch13 three years ago and recently converted to 7.

1 Answer | Asked in Bankruptcy for Arkansas on
Answered on Oct 23, 2018
Timothy Denison's answer
If you cannot produce the collateral, you may have to pay the fair market value for ito loss.

Q: How long will my boyfriend go to jail/prison for the three charges he received

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Oct 21, 2018
Gary Kollin's answer
No internet attorney can answer that question.

Without knowing his past history totally, the length of his involvement, who was threatened, how threatened among so many others it would be impossible to speculate

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