Joshua Q. Mostyn Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2025

If your son was charged criminally for arson, and then the prosecutor "nolle prossed" those charges, then the State has 1 year to refile the arson charges against him. The statute of limitations runs for 1 year from the filing of the nolle pros (not from the date of the incident). The... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

Hire an AR attorney to handle the transaction with the lender. You will need an agreement with the seller to transfer the title with lien to you for money. Then the lawyer executes an agreement with the lender to remove the lien for money. Then you apply for a new lien free title. But you will... View More

Great Question! I typically advise potential clients if the estate is less than $100,000, they should be able to resolve everything on their own. I would suggest reviewing the Arkansas Statute regarding Affidavits of Small Estate. As long as there are no legal issues at stake (multiple potential... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2025

If they repossess the car, sell it, realize a note deficiency, then they can sue you for the remaining balance due. When they get a judgment, then they can execute on home. Creditor can only foreclose on home if you gave them a security instrument against it.

Good Afternoon. If the overgrowth is located adjacent to the public road and in the right-of-way, you should be able to contact the local jurisdiction's street or road department and ask if they can clear it. Be sure to mention that it is a safety issue. Alternatively, some jurisdictions have... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2025

Hire a MA attorney to search the title and draft a deed, note and security instrument (deed of trust or mortgage). Do not execute a lease with option to purchase where you get sued for possession and lose all monies paid in. Only getting a deed means you own property, not a contract.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

Hire an AR attorney to search both adjoining properties' titles. Investigate how long the fence has been there, but it sounds like it has been acquiesced as the boundary, regardless of a common boundary in the legal descriptions. A boundary survey might be needed. If the situation is as... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2025

If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.

Wills mean nothing without probate. Since you... View More

The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.

Note... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024

Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

Paying the back taxes will not give you ownership in Arkansas; it does not even give you lawful possession. Because the titled owner is deceased, title sits with the estate or heirs, and they can still redeem taxes or eject you if you enter without rights. The cleanest paths are to purchase from... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

Hire an AR attorney to file an action for Partition.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You can usually place a visible, no-audio camera in common areas that both of you share, like the living room and kitchen, because neither roommate has a reasonable expectation of privacy there. Arkansas criminal law targets secret recording in places where someone expects privacy; bathrooms and... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2025

You may have some options to address your lease due to medical issues, though it can depend on Arkansas landlord-tenant law and the terms of your lease. While landlords are generally allowed to enforce a lease, health circumstances that make a unit unsafe or inaccessible could support a request for... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2025

Address your certified demand to the current landlord because the owner in possession now owes Arkansas’s implied residential quality standards (including a functioning roof and building envelope) for leases entered into or renewed after November 1, 2021. That statute requires written notice and... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2025

You deserve a habitable home, and six years of unremediated mold places your health and property at risk. Start by documenting everything: photos, videos, dated logs of leaks or odors, prior inspection reports, medical records, and all messages with both landlords.

In Arkansas, do not... View More