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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: I have a nieghbor who is threatning harm to me and other cops cant arrest him he is even using pittbull as threatning ?

He has made gang claims of AB and made threats of calling gang member to kill me after cops leave he has made threats with a pittbull he has came at me violently in front of witnesses he is mental person go to mental hospital alot so cops dont seem to want to make a legit case are whole... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jul 14, 2020

The police are having issues because they must see the event occur. This neighbor most-likely does not act out in front of the police. You can file a complaint with your local prosecutor. Someone from the Prosecutor's office will review your statement and then make a decision whether or not to... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Father of my child wants to relinquish his parental rights. I am willing to accept sole responsibility, can I?

I am not married to the father of my child and As I understand the court system says I have to have someone to adopt my child; ie: boyfriend or husband. Why? I am willing and capable of taking full responsibility, I will establish a will with guardianship in case something happens to me and... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jul 14, 2020

In Arkansas, you can adopt your own child. You don't need someone else to adopt the child for you or with you. Seems odd but you basically follow the adoption statute; i.e., you must be over 18, of sound mind, have no felonies on your record, be able to care for the child and a few others that... Read more »

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1 Answer | Asked in Constitutional Law for Arkansas on
Q: Is Arkansas a constitutional carry state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Jul 13, 2020

Under state law you can carry concealed with or without a license in all but government owned places.

For all the caveats, see this blog:

http://www.arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

But there have been two court cases since this blog and the...
Read more »

1 Answer | Asked in Animal / Dog Law for Arkansas on
Q: For ESA dogs in Arkansas, Can you have 2 ESA dogs & have same rights in apt rental as you do w/just 1?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 13, 2020

Generally, yes. But you would need to be able to show that the needs for two ESAs is for two separate purposes.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Can we use "small estate" probate after my mother died without a will?

My divorced mother died intestate, and my sister and I are her only heirs.

We have obtained her credit reports and determined that aside from one small collection, her only debt is the mortgage to the home we would inherit jointly had she made a will, as that had always been her intent.... Read more »

Dustin A. Duke
Dustin A. Duke answered on Jul 10, 2020

If the mortgage is your mother's only debt and the value of her estate after the balance on the house note is subtracted equals $100,000 or less, then you should be able to file the small estate affidavit. However, be aware that if your intent is to sell the home, most title companies will... Read more »

1 Answer | Asked in Health Care Law for Arkansas on
Q: Why doesn't evergreen packaging pay hazard pay?
Tim Akpinar
Tim Akpinar answered on Jul 10, 2020

Your question remains open for four weeks and might have been overlooked in the Health Care Law category. You could repost in the Employment Law category - if an employment law attorney was able to pick up your question, they would have the most insight into this issue. Good luck

Tim Akpinar

1 Answer | Asked in Bankruptcy, Civil Rights and Landlord - Tenant for Arkansas on
Q: What is Washington county Arkansas eviction notice due to the covid-19

I have been unable to find work in the construction field during this epidemic and have had to carpal tunnel procedures gun before that and have not been able to work being the only provider in the house I have fell behind on rent

Phil Cardis
Phil Cardis answered on Jul 5, 2020

It appears that Bankruptcy may be a viable option as many grapple with Covid impacts right now. Many states and local governments stayed evictions due to the pandemic so that may be applicable in some manner.

It would be best to consult with a BK attorney to explore what options are best...
Read more »

2 Answers | Asked in Estate Planning for Arkansas on
Q: How do you find how much is in your estate
Nina Whitehurst
Nina Whitehurst answered on Jul 3, 2020

It depends on whether you are concerned about your taxable estate, your probate estate or your non-probate estate. The answers are all usually quite different. In general, your taxable estate consists of everything you owned at the moment of your death plus things you gave away within three years... Read more »

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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord has not returned my security deposit nor contacted me & its been over 60 days. What can I do?

he has my address, won't answer calls. He's avoiding me.

Stewart Whaley
Stewart Whaley answered on Jul 2, 2020

If you gave him a good forwarding address and he didn't send you a refund of your deposit or an itemization of how the deposit was used (i.e. repairs, unpaid rent, etc.), then you can sue your landlord in small claims court. If you win you may be entitled to additional damages if your... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: who is a good attorney who will fight a CPS/ DHS case in AR

I need an attorney who will fight for me against DHS I have the worst case workers possible. I have a good case and I have several recordings and proof is there anyone who will take dhs on? I have an ajudication heraring coming up. AT the probable cause hearing they gave me my children back but the... Read more »

John Butler
John Butler answered on Jul 1, 2020

I would be happy to set you up a free consultation with our attorney who specializes in DHS cases. Feel free to reach out through my profile or give us a call.

1 Answer | Asked in Animal / Dog Law for Arkansas on
Q: I live in arkansas and purchased a dog from a breeder in Missouri. I paid $1200. I was told that he had a slight heart

murmur 3 weeks before I picked him up but on the day I got there to pick him up I was told the heart murmur was gone. When I got back to arkansas I took the pup to vet for a wellness check only to discover he still has a murmur. I texted the breeder but no response. Am I entitled to my money back ?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 1, 2020

It depends on what your breeder purchase contract says about health defects. Generally, heart murmurs in young dogs or certain types of dogs are normal, and just need to be monitored. Sometimes they even go away in young dogs. Either way, keep your dog healthy with regular vet checkups and take a... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Arkansas on
Q: Does state of Arkansas follow federal law concerning felon in possession of pre-1899/antique muzzleloading firearms.

I was wondering if the state of Arkansas follows federal law concerning felon in possession of antique/pre-1899 muzzleloading firearms. I know that federal law does not prohibit us from using/possessing these types of firearms. I am unsure if the state has any Laws regarding them, and if they do,... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 29, 2020

You can't possess those in Arkansas as a felon, but air rifles are probably legal.

You can get a pardon from the governor if the conviction was in Arkansas.

1 Answer | Asked in Estate Planning for Arkansas on
Q: My dad died & left everything to mom in his will with me as executor. Do I have to file the will with court records?
Stewart Whaley
Stewart Whaley answered on Jun 29, 2020

Whether the will needs to be probated depends on what was in your father's estate at the time that he died. If the estate had property that was only in his name and that did not have beneficiaries listed, then the will may need to go through the court process known at probate. If your... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: I am a home health aid to a client who is living on her deceased grandfather's land that is in probate.

She is supposed to be on the will. Can other members of the family go to court without notifying my client?

Don Spears
Don Spears answered on Jun 29, 2020

Every beneficiary in a will must be notified.

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: I am a beneficiary having issues with personal representative, should I contact his attorney or get a attorney myself?

My brother was a resident and died in Arkansas in 2014, leaving no known will. No wife or children. 3 siblings and one was appointed personal representative.He lives and works in Arkansas and bond was also waived. Have never been provided any documentation of estate, real estate property has been... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 29, 2020

You definitely need your own attorney. The other attorney does NOT represent you.

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1 Answer | Asked in Adoption for Arkansas on
Q: My ex is unagreeable for my husband to adopt my daughter. We've been married 6 years.

He has not had any contract in 8 years. Is it possible this can end going in my ex's favor in court instead?

James E Hensley Jr
James E Hensley Jr answered on Jun 29, 2020

If a parent goes more than one year without seeing the child on a regular basis OR goes more than one year without paying any meaningful support, that parent's rights may be terminated. As such, your husband could adopt if:

He has a good relationship with the child for such duration he...
Read more »

1 Answer | Asked in Adoption for Arkansas on
Q: My husband of 6 years wants to adopt my daughter. Her biological father hasnt seen her in 8 years.

Does he even have Case to fight us?

Paul Dumas
Paul Dumas answered on Jun 28, 2020

If your husband can successfully prove “abandonment” as defined in the Arkansas Code, the Court may grant a petition for adoption of his stepdaughter. You should consult an attorney knowledgeable in this area of law.

1 Answer | Asked in Immigration Law for Arkansas on
Q: What questions do I need to ask of immigration lawyer about marriage to pakistani man when I am a US citizen?

my Fiance is from Pakistan and we are looking to get married in the near future. We plan on talking to an Immigration lawyer but I don't know what questions we need to ask of them about his current status as forgin exchange student for 4 more years to married and also going to school. What... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jun 26, 2020

Some of us give free consultations. Counsel in any state can represent you. During the free consultation the step by step process will be explained so that you know how the case will be processed and the time it will take to do so.

1 Answer | Asked in Estate Planning for Arkansas on
Q: My fiancé’s mother put my engagement ring on my deceased fiancé estate inventory, will I need to get a lawyer for this?

Will I need to get a lawyer for this matter if she takes me to court? My fiancé bought it for me and if he would have lived we would be married.

Paul Dumas
Paul Dumas answered on Jun 23, 2020

If it’s listed in the inventory, the executor is telling the court it’s owned by the estate. If you believe it belongs to you a claim must be filed so the court will be aware of the issue. There are strict deadlines that must be met or you will lose the ring to the estate permanently.... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: Can a guardian determine where an incapacitated person may live?
John Butler
John Butler answered on Jun 22, 2020

In most circumstances, the guardian makes that decision. If the guardian wants to move the ward out of the court's jurisdiction, the guardian will need approval from the court. A court may also limit what decisions a guardian has control over. If you have a question about a specific... Read more »

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