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Arkansas Questions & Answers
1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Renting space in commercial building. The other tenant who isn't on the lease changed locks and sold my property.

Is that legal?

Dustin A. Duke
Dustin A. Duke answered on Apr 8, 2020

Generally, changing the locks to remove a tenant is considered a self-help eviction and it is illegal in Arkansas. I would need more information to provide you with a better answer as far as what your rights and remedies are.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Landlord sold house I'm renting, lease not expired, being asked to sign new lease.

I have rented a house for 6 or 7 years, SECOND time property has been sold without being offered to me. Last landlords did not even tell me about it, got a 1 day notice on my door to pay this month or the new owner (the bank) will change my locks & dispose of all my property). I already sent a... Read more »

Nick Henry
Nick Henry answered on Mar 31, 2020

This question was posted in Arkansas Real Estate but from Kansas City, MO, my answer is based on assumption this real estate is located in Arkansas.

There is no duty of the prior owner to offer the property for sale to the tenant so there is no violation as to that matter.

As to...
Read more »

1 Answer | Asked in Employment Law and Securities Law for Arkansas on
Q: is it a violation on HIPAA to comment on a Facebook and mention that a co-worker of mine who may be sick

I included our. place of work but no details about the individual. It was unknowingly because I am not aware of HIPAA laws. I was also fired for this. I am now afraid legal action will be taken

Jarred Kibbey
Jarred Kibbey answered on Mar 30, 2020

I would need more information to determine if it was a HIPAA violation. Specifically, what kind of work were you engaged in? Also, there is no private right of action in HIPAA, so even if you violated HIPAA laws, your employer or former co-worker could not use HIPAA as a basis for legal action.... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I've played my landlord a whole years rent up front... Been there 2 months and I can't stay... Will I get my money back
Nick Henry
Nick Henry answered on Mar 30, 2020

Arkansas does not have any statutes that relate to prepaid rent. That being said, if the reason for not being able to stay in the lease is related to military, you may have protection for refund through the Servicemembers Civil Relief Act. You could also be able to offset any prepaid rent if lease... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Arkansas on
Q: Tonight I was written a ticket for contributing to the delinquency of a minor in Arkansas , what should my next step be

The cops showed up because a buddy who wasn’t there has a crazy girlfriend, and she showed up looking for him and then called the cops and told them a lie about somebody who was really drunk and left the house. Nobody was really drunk but a few people had a couple drinks at my house.

James E Hensley Jr
James E Hensley Jr answered on Mar 28, 2020

Thank you for reaching out. The citation is a class A Misdemeanor in Arkansas. This is up to one year in the county jail and up to $2500 fine if you plead guilty or are found guilty by a Judge. The charge may stay on your record forever. You can seal this record though. Depending on which court... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: What are my legal rights when it comes to trespassing? The sheriff department tells me it's a civil matter

Person has been told to stay off property yet continues to trespass and attempts to alter my property

Paul Dumas
Paul Dumas answered on Mar 15, 2020

It sounds like the dispute you're describing is with your neighbor who owns land that borders yours. If so, and the situation can't be resolved, you will have to file an action in circuit court requesting an order confirming the exact location of the property lines in dispute. These cases are... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: We have forested property in Arkansas that is in trust, has an easement on two properties going to our land.

The same easement is recorded on our deed and the other two deeds. My father was unable to drive the last 10-12 years and was unable to go to the property. Other family members did not travel to property either. The two property owners where easement is assigned going to our property have the road... Read more »

Paul Dumas
Paul Dumas answered on Mar 14, 2020

Your situation is not uncommon and the answer depends on many factors. Among the most important considerations are the type of easements held by each landowner, whether the roadway at issue is the only egress and ingress onto the property, the length of time the roadway has been in existence,... Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: In my divorce can I ensure my son is not removed from his very good school and environment?

My wife and I are getting a divorce and she has eluded to taking our son out of state to be near her family. However we moved him to Arkansas, where my family lives. We made this move because his education plan needs were not being met. The reason for this move to Arkansas has been well documented.... Read more »

Paul Dumas
Paul Dumas answered on Mar 14, 2020

Your situation requires careful planning and a working knowledge of Arkansas custody and visitation law. When it comes to moving a child out of state, Arkansas law has certain presumptions about the benefits to the child of moving away, and which parent carries the burden of proving that such a... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: Bio Dad hasn’t seen my daughter in 14 months because of a order of protection. Can my husband adopt her? 10 years old.

He agreed to the order. He got arrested for felony stalking his wife. He has 5 other orders of protection. He has gone to rehab twice in the past 3 years for drug and substance abuse problems.

Paul Dumas
Paul Dumas answered on Mar 13, 2020

While your question is about adoption, in Arkansas you first have to address termination of parental rights, in this case the father’s. Under Arkansas law, besides death, there are only two ways a parent’s rights can be terminated. First, if they sign a written Consent that meets the... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: my grandfather recently passed away and I have not had contact with that side of family since my father passed 20 years

how do I find out if im in the will or if there is one and so forth, also i live in a different state and have married name

Paul Dumas
Paul Dumas answered on Mar 11, 2020

File a “Demand for Notice of Probate” with the Probate Clerk’s office for the county in Arkansas where he was a resident at the time of his death. If and when a probate estate is opened for him, provided your “Demand” is filed correctly, Arkansas law requires that you be notified that... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: Do I have to name a successor trustee for my living will in Arkansas?

I live in Arkansas and I'm working on my revocable living trust online with NoLo software and ran into a problem. I would like for my son to be my successor trustee in the event I am incapacitated but I also have him as my executor. It will not let me choose him to be both because of conflict of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 8, 2020

That is one of many problems with online estate planning systems. Do yourself and your loved ones a huge favor and hire an experienced estate planning attorney to create an estate plan customized to your wants and needs.

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: The police arrested my friend for having a handgun in his pocket. Isn’t Arkansas a permitless carry state taff v state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 5, 2020

Yes and another case came down Thursday confirming that again. These police officers broke the law and your friend could probably sue them. I defend these cases and sue over constitutional violations, another attorney and I just won this case:

See:...
Read more »

1 Answer | Asked in Immigration Law for Arkansas on
Q: If I couldn’t afford to renew green card in 2017, and I just submitted my application for citizenship in 2020, is it ok?

I became resident in 1987 at 3 years old. I renewed every 10 years, but in 2017 I couldn’t afford to. I’ve been married to a u.s. citizen for 14 years. I’m a stay at home mom with 3 kids. I have never been arrested and have lived a simple life. I just put in my citizenship application... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 28, 2020

It is USCIS policy for citizenship applicants whose cards have expired or will expire within six months to file the I-90 and submit a copy of the receipt notice. You can file without that but you will likely get a request for it.

1 Answer | Asked in Immigration Law for Arkansas on
Q: Alien marrying a US Greencard Holder and having a son in the US. Can they live in the US the three of them?

Hi I am not a US citizen, my wife is a green card holder, we got married in my country a year ago and we just got our first child in the US, she has to live and stay in the US and I want to move there with her, what is the fastest way to do so? I don't want to leave her and my child alone there,... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 26, 2020

There is more than one option here in what seems to be a complex case. I strongly suggest that you contact an experienced immigration attorney for assistance.

1 Answer | Asked in Divorce and Tax Law for Arkansas on
Q: Can my soon to be ex-wife get a hold put on my taxes if I filed first and did everything the right way

I repeatedly asked her to file taxes with me she refused I want to head and filed them on my own as head of household so will start with a text and order Belcourt so that’s a legal separation document and I lived in the house 11 months out of 12 so I filed all three daughters bars and now I’ve... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 21, 2020

When two people file and take the same dependents the IRS will place a hold on both accounts while they investigate and determine who had the right to take the dependents. If this is what happened then you should hear from the IRS. If she is the one telling you that there is a hold on your... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: After a company wide pay cut, can the company pay out previously accrued leave at the current, reduced rate of pay?

The nonprofit I work for issued 25% pay cuts to all employees due to financial distress. They plan on paying out previously accrued leave at the new, reduced rate of pay even though the leave was accrued prior to the pay cut at a higher rate.

Chris W. Burks
Chris W. Burks answered on Feb 14, 2020

Thanks and it depends on the wording in the employee handbook or policy setting forth the leave. If the policy guarantees leave at a set rate and operates as a contract, then you may have a claim. Happy to speak anytime on this 501-891-6000.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Does IVF coverage have to be offered via health insurance from an employer in Arkansas?
Jarred Kibbey
Jarred Kibbey answered on Feb 11, 2020

Like most situations, there isn't a simple "yes" or "no" answer. The Arkansas infertility mandate requires that insurance plans in Arkansas cover IVF up to a set lifetime amount. However, many HMO and self-insured plans are exempt from this requirement.

1 Answer | Asked in Trademark for Arkansas on
Q: Am I in my legal rights to make a shirt and website using Bentonchill, I do not own the trademark
Robyn T. Williams
Robyn T. Williams answered on Feb 10, 2020

Before you make a shirt and website using any name you should have an IP attorney conduct a clearance search to inform you of the availability of the trademark. The clearance search will locate trademarks that may be problematic for you. It is best to have a clearance search conducted before you... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: My son recently turned 18 and he's Autistic. How do I apply for guardianship or power of attorney?
Dustin A. Duke
Dustin A. Duke answered on Feb 10, 2020

If your son is autistic, you will likely need a guardianship (as opposed to a power of attorney). A guardianship is a court order giving someone authority to make decisions for someone else. It can be over someone's person, estate, or both. It is like having custody over a child, but can apply to... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Why would it take months for probate to b over?deceased had filed bankruptcy
William J Changose
William J Changose answered on Feb 9, 2020

Hello,

Generally settling an estate takes at least six months. Mostly it takes this long, even if not much else is happening, because anyone who has a claim against the estate has six months to make a claim, after which all claims are barred.

You will probably want to talk with...
Read more »

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