Arkansas Questions & Answers by Practice Area


Arkansas Questions & Answers

Q: Are there any laws stating landlord's have to follow health and/or safety codes?

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Answered on May 25, 2017

You need to take your lease to a lawyer for review. In Arkansas, generally in a party to a contract materially breaches the contract, then the other party is released from performing under the contract.
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Q: Can a family member who's convicted of a felony be a guardian of a minor in arkansas

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on May 25, 2017

The only way to be a guardian is to be pardoned by the governor. You can look at § 28-65-203. Qualifications of guardian

http://law.justia.com/codes/arkansas/2016/title-28/subtitle-5/chapter-65/subchapter-2/section-28-65-203/

(a) A natural person who is a resident of this state, eighteen (18) or more years of age, of sound mind, not a convicted and unpardoned felon, is qualified to be appointed guardian of the person and of the estate of an incapacitated person.
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Q: If a felon is caught in possession of a fire arm by certain person, but is a non violent felon, what happens

1 Answer | Asked in Criminal Law for Arkansas on
Answered on May 25, 2017

You are still a felon in possession. You need to hire a lawyer to assist you.
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Q: How can I end my lease early?

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Answered on May 25, 2017

You need to take your lease to a lawyer for review. In Arkansas, generally in a party to a contract materially breaches the contract, then the other party is released from performing under the contract.
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Q: What happens when a will is not probated within 5 years of $100,100.

1 Answer | Asked in Probate for Arkansas on
Answered on May 25, 2017

The will cannot be probated if it is 5 years after the date of death of the decedent. Depending on what type of assets they are - land, bank account, cars - you can use different documents to transfer the interest. You should contact a lawyer to assist you.
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Q: Is there any way to make a dynasty trust good for only the oldest child born?

2 Answers | Asked in Estate Planning for Arkansas on
Answered on May 24, 2017

There are ALL KINDS of alligators wading in the swamp you're discussing. GENERALLY you can make a trust to benefit as few or as many people as you want. But while that may be the short answer to your question, it misses the complications that may make any trust you create invalid or subject to challenge.

One of the big myths is that trusts can't be challenged like wills can. Sorry, but that is wrong.

Similarly, there are rules that need to be followed for a trust to be...
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Q: What is possession of a controlled substance 5644195iii?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on May 23, 2017

Sounds like possession of a schedule iii drug which can be a misdemeanor but is often a felony based on the amount.

Here are a list of schedule iii drugs: https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.healthy.arkansas.gov/aboutADH/RulesRegs/controlled_substances_list.pdf&ved=0ahUKEwiOw7T-zofUAhVM44MKHSsdBdcQFggdMAA&usg=AFQjCNHpX47t5XlTFFkLSKqVK-El1b1rzQ&sig2=BMaAnu-EepCpwmH9FUSodw

As to whether it is a felony or misdemeanor, check the weight (less than 2 grams...
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Q: Should I move to dismiss?

1 Answer | Asked in Child Custody for Arkansas on
Answered on May 23, 2017

Counterclaims are typically used in response to Complaints. From the info in the question it appears you filed a motion. He would need to file a Response to your Motion. That being said, being served matters, technically he is should to respond to your motion and you should to respond to his.

Or neither one of you can respond and you can just set a hearing and go to court.

The judge will not likely grant your motion to dismiss.
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Q: Can my vehicle be taken by credit card company due to default judgement against me?

1 Answer | Asked in Consumer Law and Collections for Arkansas on
Answered on May 23, 2017

You can claim some of your property as exempt from judgment creditors. If your property is does not fall with the judgment creditor exemption, then you may want to file bankruptcy to protect it. In either case, you may want to talk to a lawyer about your situation.
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Q: I paid a lawyer, got divorced. At court she wanted to terminate my rights of children, I adopted. Do I have to pay more

1 Answer | Asked in Adoption, Divorce and Family Law for Arkansas on
Answered on May 23, 2017

You need to contact your lawyer. She is most likely in contempt to not signing over the land, but the kids are a separate issue.
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Q: My boyfriend got charged with demostic violence charge how long can he not be around me

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on May 23, 2017

It depends on the Court. The prosecutor typically asks for a restraining order. You should be able to call the prosecutor and ask.
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Q: Im facing eviction from foreclosure. My home did not sell to an individual. No papers served, but are attempted.

1 Answer | Asked in Real Estate Law and Foreclosure for Arkansas on
Answered on May 23, 2017

Yes. You need to consult with a lawyer. You may be able to stop the foreclosure as well.
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Q: my mothers estate has been filed in Probate. we have sold the house now who handles the money and pays bills

1 Answer | Asked in Probate and Real Estate Law for Arkansas on
Answered on May 22, 2017

The person in charge of the estate. Was someone appointed as personal representative (executor or administrator)?
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Q: I need a attorney to file a lis pendens for me.

1 Answer | Asked in Real Estate Law, Collections and Divorce for Arkansas on
Answered on May 22, 2017

You need to contact an attorney and send him all the paperwork to look over. Then they can help you.
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Q: I filed for divorce on September20th 2016. Neither of us have appeared to get the divorce decree. Is the divorce granted

1 Answer | Asked in Divorce for Arkansas on
Answered on May 22, 2017

No. You have to set a hearing and go before the judge.
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Q: Served with child support .should I go in front of a judge or just sign the agreement with the case worker?

1 Answer | Asked in Child Support for Arkansas on
Answered on May 22, 2017

If you want to counterclaim for visitation, you should. If you net 430 and have 2 children you should pay 135 a week in child support. Do you have any other child support you are paying? If so, that may lower it.
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Q: Can a company I work for refuse to pay me over time work then fire me for asking ?

1 Answer | Asked in Employment Law for Arkansas on
Answered on May 22, 2017

No. You need to consult with an attorney.
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Q: RE: Living Trust. Is there any recourse for a son not mentioned in inheritance. Must ALL kids be named?

2 Answers | Asked in Estate Planning for Arkansas on
Answered on May 22, 2017

ANYONE with a couple hundred dollars can sue if they feel aggrieved. YOUR job would be to eliminate as many possible arguments as possible. By failing to name someone who would otherwise inherit you've opened up an argument for him. He could say 'well mom/dad was getting old and they just FORGOT about me' or something similar. I ALWAYS name all the children even if they are inheriting nothing.

The attorney who drafted the trust should have been aware of this too. You DID have an...
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Q: What Arkansas law cover the act of retail return fraud?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Apr 29, 2017

If I had to guess, theft by deception. http://law.justia.com/codes/arkansas/2014/title-5/subtitle-4/chapter-36/subchapter-1/section-5-36-103
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Q: Is it illegal for a minor in Arkansas to possess an empty wine bottle that is completely devoid of alcohol?

1 Answer | Asked in DUI / DWI and Juvenile Law for Arkansas on
Answered on Apr 19, 2017

It is not against the law to have the bottle. If they still find you guilty you can possibly sue under the administrative procedures act if their decision to punish you was arbitrary and capricious.

They might have entered your dorm room illegally in violation of the 4th Amendment even if they asked your permission to enter and you gave it. If so, they shouldn't be able to punish.

Call me if you have any questions.
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