Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arkansas Questions & Answers
1 Answer | Asked in Estate Planning for Arkansas on
Q: Does a trust have to be funded? If so why and how?

Generally does a irrevocable trust have to be funded

I didn't find anything while research to do one

Thank ypu

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2021

There is no law that obligates the creator of an irrevocable trust to put anything in it, but A trust with nothing in it is a waste of effort. Creating and finding irrevocable trust or not do it yourself projects. You really should hire an experienced estate planning attorney to help you with... View More

2 Answers | Asked in Probate for Arkansas on
Q: Person named in will as executor of will refuses to probate will, what can the beneficiaries do to get will probated
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2021

You can petition to be appointed as executor of the estate yourself. A probate attorney can help you with this.

View More Answers

1 Answer | Asked in Traffic Tickets and Criminal Law for Arkansas on
Q: can a police officer pull you over because he said he couldn't see your license plate

it was night time and an officer pulled me over because he said he couldn't see my license plate even though there was no obstruction and he was well over 50 ft away

W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 28, 2021

No, not if the light was working that illuminates the license plate.

2 Answers | Asked in Estate Planning, Collections, Elder Law and Probate for Arkansas on
Q: My grandfather passed away last year. My mother is executor of his estate. My grandmother is alive. He had a will.

I was supposed to receive an inheritance. My mother claims that I cannot receive that until my grandmother passes away. My brother received a new truck and boat that I’m aware of. Is she lying to me ? I have a distant relationship with my mom, but it just seems as though she is flat out lying to... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2021

You can take a look at the will yourself. Go to the probate court and request a copy.

View More Answers

2 Answers | Asked in Copyright and Trademark for Arkansas on
Q: Can Warner Music take down my product listing?

I sell a shirt that says “My Chemical Imbalance” hand drawn in reference to the band, My Chemical Romance. I have looked at their trademark and as far as I can tell, they don’t have the proper trademark to take my listing down unless I am misunderstanding.

Robert Kost
PREMIUM
Robert Kost pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2021

You might want to consider: "MY CHEMICAL ROMANCE

Goods and Services IC 041. US 100 101 107. G & S: [ ENTERTAINMENT SERVICES IN THE NATURE OF LIVE MUSICAL PERFORMANCES; ] PROVIDING A WEBSITE FEATURING INFORMATION REGARDING [ LIVE PERFORMANCES AND ] MUSIC,...
View More

View More Answers

1 Answer | Asked in Estate Planning for Arkansas on
Q: I live in Arkansas. I signed an irrevocable trust but it is not funded. Can I start over with another lawyer?

The reason is because I do not like the wording of the current trust.

Dustin A. Duke
Dustin A. Duke
answered on Nov 17, 2021

If it was never funded, unless there is something in the document or another document that compels you to fund it, then yes you can create a new trust. Depending on your situation and the language of the current trust, it may be able to be amended as well.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Arkansas on
Q: Please refer to experienced employment lawyer for litigation. (Private suit and whistleblower).

Fudiciary knowledge and compliance in nonprofits a must

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2021

An Arkansas attorney could advise best, but your post remains open for three weeks. Those might be a lot of areas of practice to roll into one attorney - the areas you outline in the description, coupled with the categories selected for your post.

One option might be to start with one or...
View More

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: What does it mean when a realtor says the estate hired them to sell my house
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2021

It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Traffic Tickets for Arkansas on
Q: Possession of marijuana in van buren Arkansas!
W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 4, 2021

You didn’t post the question

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Arkansas on
Q: i marry a woman ive known for a while from ukraine. there a time limit she has to be married to me, dont want to be used
Kevin L Dixler
Kevin L Dixler
answered on Nov 1, 2021

This is an awkward question, perhaps unclear. However, getting married for the sole purpose of filing permanent resident status for someone is a Federal crime.

I suggest that you seek legal advice during a paid appointment with a competent immigration attorney before there are any other...
View More

1 Answer | Asked in Domestic Violence for Arkansas on
Q: if there is a no contact order in place, is it legal for the victim and her family to still contact the defendant?

my boyfriend was charged with domestic battery 3rd degree over a yr ago. He is currently on 5 yrs probation with a no contact order in place. The victim and her family members have contacted him several times throughout this year. He has not responded at all to the victim at all but she continues... View More

Terry Jones Zach
Terry Jones Zach
answered on Oct 19, 2021

That would depend on whether her contact/communication can be construed as harassment. Typically, a no contact order only applies to the defendant, your boyfriend, and the person seeking the no contact order is not prohibited or punished for reaching out to him regarding their child. However, the... View More

1 Answer | Asked in Criminal Law and Employment Discrimination for Arkansas on
Q: I am a lawyer but I have never done a Petition for Involuntary Commitment. I was wondering if anyone had a sample form?
W. Whitfield Hyman
W. Whitfield Hyman
answered on Oct 18, 2021

In Sebastian County we just fill this out and give it to the prosecutor. Call the prosecutor they probably have a form. Here is what we do:

https://www.sebastiancountyar.gov/Portals/0/Content/ProsAtty/MI%20PACKET-full%202.pdf

1 Answer | Asked in Bankruptcy and Civil Litigation for Arkansas on
Q: Is bankruptcy the best option? If so, which chapter? And do we have to hire a bankruptcy lawyer?

My fiancé and I got into a car accident- we rear ended the person in front of us. It’s was a simple fender bender and even in the police report they estimated the damages of the other person’s car at $3,000 with no injuries. Well we didn’t have insurance. Now the person we hit and his... View More

Timothy Denison
Timothy Denison
answered on Oct 8, 2021

Consult a bankruptcy attorney who can see your entire financial situation and determine the proper course of action.

1 Answer | Asked in Employment Discrimination for Arkansas on
Q: I work at Titan tire Union City Tenn I took two days vacation they made me work Saturday but will not pay me overtime

I'm not the only one heaven these issues I've been there two years two months they are hiring people in that makes more than me and making me crane now

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Oct 7, 2021

Thanks and the Fair Labor Standards Act requires, with some exceptions, overtime payments of time and a half a regular rate of pay for hours worked over 40 in a week. If you are working more than 40 hours in a week and not getting an overtime premium payment of time and a half, and not otherwise... View More

2 Answers | Asked in Employment Law for Arkansas on
Q: My job is not allowing me to clock in and work but not paying me, due to a problem I can't resolve. How do I get paid?

My company is based in Colorado and I live in Arkansas (work from home). On August 1st I noticed I was unable to login to one of the sites we use for the job. I immediately notified them and was given the login of someone who is above the team leads. Then I was given the login of my team lead later... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 29, 2021

Employees must be paid for their work, and your employer's system issues do not give them an excuse not to pay you while the system is fixed. If you are still performing work during this time, you should keep track of the hours you work and submit these for payment like you would using the... View More

View More Answers

1 Answer | Asked in Employment Law for Arkansas on
Q: Is it legal for an employer to work you 7 days a week
Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 27, 2021

In Arkansas generally, yes you can be made to work 7 days a week, as long as the employer pays lawful overtime for hours over 40 in that pay period. In Arkansas, there are no mandatory days off or even required meal/rest break periods. Also, there are exceptions to the overtime after 40 hours... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: We purchased a property that has an easement to the land behind ours. Are we able to terminate that easement?

Easement is to the property behind us. The property is primarily woods and pasture area not used. The people who own that land do not use the easement properly and go through out property as an "easier" route. We would like to terminate the easement but are unsure if that's possible.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2021

Hire a competent AR attorney for specific advice after searching both titles. Easement descriptions do not have to amount to much, not like the property's legal description.

Termination is possible in many ways, but it sounds like they will ignore your efforts and probably will sue you.

1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
View More

1 Answer | Asked in Car Accidents for Arkansas on
Q: If a car is stopped in the Middle Lane on the interstate for no reason at all other than being stalled out and I rear en

I rear-ended because it had no flashlights on it was at night time who's the blame

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2021

An Arkansas attorney could advise best, but your question remains open for two weeks. In many jurisdictions, the operators of both vehicles could be found liable to some extent. The way the percentages were determined could depend on the speed of the moving car, road conditions, lighting... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: I have an enhanced CHCL, Employer is a city, threatened to fire me if i have my firearm in a locked safe out if view

City of North Little Rock AR.

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

Under Arkansas statutes §5-73-306. Prohibited places. (7) you are prohibited from carrying the firearm anywhere a government body meets. Your "enhanced" permit allows carry in places previously prohibited, however, Ark. Code Ann. § 5-73-306(18) allows the property owners/controllers to... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.