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Arkansas Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: How can I get legal transfer of diseased mother's home.

My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 5, 2021

You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source... Read more »

2 Answers | Asked in Adoption and Family Law for Arkansas on
Q: Can my nieces soon to be step dad adopt her without her biological father’s permission?

My brother has a daughter that he hasn’t been allowed to see or do anything for in 4 months since November of 2020. His ex is willfully keeping him from his daughter and she has since sent him voice messages saying her fiancé has signed the birth certificate or paternity paper. Can he receive... Read more »

Stewart Whaley
Stewart Whaley answered on Mar 5, 2021

He contact attorneys to discuss filing an action to establish paternity.

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1 Answer | Asked in Real Estate Law for Arkansas on
Q: My husband passed in 2016. No children and his parents are deceased. How do I get my name in the deed.

The mortage company needs to confirm that I am the successor in order to modify our home loan. How do I get a deed in my name.

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Your dead Husband cannot sign a Deed. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship. The Affiant will be someone who knew him and his Family. Record the Affidavit as your source of title.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Hi, would you please advise me on the protocol for requesting a no contact order in Arkansas be rescinded? Thank you.

Specifically, the NCO is for both parties & the charge is domestic battery 3rd degree. Hearing set for 4/14/21; incident occurred 2/20/21. Both spent 48hts in Benton Co jail on Saturday evening, & both were released on Monday norming after Judge ruled that there was no bond required. We... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 27, 2021

Thank you for reaching out. Couple things of concern:

You are going to be in law school. This charge will cause you some grief when you apply to the bar; specifically, even though you win the charge and your record is sealed, make sure you tell the bar about it on your application and...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: should I fight a possession charge that resulted from calling 911 for an overdose after we administered nalaxone?

It was a fentanyl overdose and they searched my apartment bc they said they knew my husband was a drug dealer and we are both on parole and they found drugs in our apartment and took us both to jail after saving someone’s life with Narcan that I received from a harm reduction organization and... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 20, 2021

Seems like you would receive better treatment saving a life. When you are on parole, any law enforcement officer may search you, your home, your car, etc. A few years ago, I took the issue of who may search a person to the Arkansas Supreme Court after my client was searched by some police officers... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Land Use & Zoning for Arkansas on
Q: Can I let my yard grow as the Creator intended against city ORDINANCE under RFRA,

Can I advance my religion (native American) as defense to failure to cut grass,?

W. Whitfield Hyman
W. Whitfield Hyman answered on Feb 15, 2021

Probably not, but you could just plant trees covering your whole yard and I bet grass wouldn’t grow

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: A person was arrested by DEA in front of my apartment building 3 days later the kicked in my door . Was not home.

They took seven of my guns say one was stolen claiming I had links to drug trafficking no drugs found.haven't found charges yet but say they are going to charge me with theft by receiving what do I do

James E Hensley Jr
James E Hensley Jr answered on Feb 11, 2021

You need to speak with an attorney who works in the Federal Courts. Right now. Don't speak with anyone until you speak with that attorney!!

1 Answer | Asked in Employment Law and Mergers & Acquisitions for Arkansas on
Q: Is it illegal for a company to disclosing additional information about someone to another company weeks

Being blacklisted?

Kyle Anderson
Kyle Anderson answered on Feb 4, 2021

Hi more information is needed here. As a general rule of thumb, companies should only provide the dates of hire, the title of a person's position, and pay. I would reach out to an employment law attorney in your state if you feel your previous employer provided false information about you to a... Read more »

1 Answer | Asked in Wrongful Death for Arkansas on
Q: Can neighbor shoot my bird dog that got out of pen followed him and his dog home for chasing his chickens

He claimed he shot at my dog for having 3 chickens cornered then the dog ran approx. 80 yard away from chickens he pursued my dog and shot it at point blank in the Bach of the neck below skull with 9 mm he knew it was my dog is this justified

Michael Darren O'Quinn
Michael Darren O'Quinn answered on Feb 3, 2021

It depends.

A pet owner may sue a person who purposefully hurt or killed his animal under different legal theories, including conversion, trespass to chattel (an old-school legal term for destroying or interfering with someone else's property), or intentional infliction of emotional...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm on probation and my house was search for probation sweep without my probation officer. Is that legal in Arkansas
James E Hensley Jr
James E Hensley Jr answered on Jan 17, 2021

About 5 years ago, I took this same issue to the Arkansas Supreme Court. The facts sound the same. My client was out on parole and the agreement said his "probation/parole officer" could search my client's home and vehicle. A local officer stopped my guy and searched his car. We... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: Can the beneficiaries of a will move the deceased’s items to a storage facility until the small affidavit can be filed?

The home, in Poinsett County, is not in a safe area and the attorney that wrote the will already told us we need to remove anything valuable and put it in a safe place (people are already breaking in and stealing items). We would not be prematurely splitting assets - only moving them to a secure... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2021

You have already obtained sound legal advice.

1 Answer | Asked in Estate Planning for Arkansas on
Q: What are the options for overriding a power of attorney?

Power of attorney is the principles sister. She has completely gone above and beyond morally. Principle had surgery to see how far colon cancer has spread, he verbally told his daughter (a roommate) that her aunt will keep them posted about his surgery. Surgery was on 1/12/2021 and from that time... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

You might have to go to court to have a guardian appointed for this individual. Guardianship will override (revoke) the power of attorney.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I get my records expunged for a3rd degree battery
W. Whitfield Hyman
W. Whitfield Hyman answered on Jan 14, 2021

Yes but it will take five to six years from the date you were convicted. You could also try to get a pardon which would only take about two years.

1 Answer | Asked in Employment Law for Arkansas on
Q: Can an employer change how you get paid without consulting you 1st? what can I do if they don't pay holiday or overtime?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 13, 2021

Generally speaking, your employer is not required to consult you or give you advance notice before changing your pay structure. However, if you are paid by the hour, you must receive overtime pay for hours worked over 40 in a seven-day workweek.

1 Answer | Asked in Criminal Law and Family Law for Arkansas on
Q: Does a father have legal rights to his child if the mother of child passes away?

Her parents wont let father see the child nor answer his calls je eas very much involved in the childs life.

James E Hensley Jr
James E Hensley Jr answered on Dec 27, 2020

Absolutely. In fact, the father is now the custodian. Depending on the facts and circumstances, he can get an order to pick up the child. Lots of issues here but dad may be in the controlling position. The grandparents will probably try to adopt the child or at least get guardianship. Dad needs to... Read more »

2 Answers | Asked in Civil Litigation, Small Claims, Personal Injury and Car Accidents for Arkansas on
Q: What is Arkansas state law for auto accidents? My husband was rear-ended in my Camry by a Chevy pickup.

He gave a us a false name but the right phone number. We were staying in contact until I called his insurance to confirm he filed the claim. He did not. He is denying the whole thing. There were plenty of businesses around that hopefully caught it on surveillance. My Camry is totaled and my husband... Read more »

Paul Gerard Pfeifer
Paul Gerard Pfeifer answered on Dec 16, 2020

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If I purchase an apartment building, do I have to honor any existing lease agreement in effect or can Impose my own.

Im buying a property with tenants that still have several months left in the previous owners lease agreement. Can I void that agreement with my own, or do I have to honor all the parameters of the previous owners lease?

Kevin J. Kuhn
Kevin J. Kuhn answered on Dec 15, 2020

As the new owner, you will be required to honor the existing lease agreements. Review the existing lease agreements. They may contain language which will enable you to terminate them early. If they don't, then you will likely be required to honor them until the end of the lease term.

1 Answer | Asked in Child Support for Arkansas on
Q: I was separated for 27mo before our divorce was final and child support set. Through that time my ex husband provided n

Support for our daughter. Can i sue for support for those 2 plus yrs?

Paul Ylvisaker
Paul Ylvisaker answered on Dec 9, 2020

In general, no. If you did not ask for past care and support at the time of the divorce when the child support order was put in place, you cannot go back and ask for it now. I would recommend you seek out the services of a family law attorney if there are other circumstances that might that might... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens if a defendant never received notice if court date
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

If a defendant has a court date and fails to appear, the court will issue a bench warrant for that failure to appear.

1 Answer | Asked in Employment Law for Arkansas on
Q: I live in Arkansas and am a exempt salary employee but work 84 hours a week is this legal?

When I work 84 hours I make less than minimum wage for a 168 hour pay check im getting $1200 but being exempt does this mean that my company is not required to pay me more or give me any compensation when I work through holidays?

Paul Gerard Pfeifer
Paul Gerard Pfeifer answered on Dec 7, 2020

Being an exempt employee is a narrow classification under the FLSA. I would recommend you speak to an employment lawyer to discuss your rights under the FLSA. You can contact our office at https://www.pfeiferlawfirm.net/ to discuss this issue further. Thanks

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