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Arkansas Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: How does the court appointed administrator for an estate get paid? Does it come out of estate money?

I am the general administrator but the judge is hiring an estate administrator. Does the appointed lawyer get paid by the state or the decedent's estate?

James L. Arrasmith
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answered on Nov 18, 2023

In Arkansas, when a court appoints an estate administrator, typically a lawyer, their compensation is usually paid out of the estate's funds. This means that the payment for their services comes from the assets within the deceased's estate, not from the state.

The amount an...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Arkansas on
Q: Can I move into an abandoned property?
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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

1 Answer | Asked in Tax Law and Consumer Law for Arkansas on
Q: Manufacture bought my car back, but sales tax was not included. Can I get my sales tax back? It was used car

The manufacture bought my car back, but did not include my sales tax in the buyback documents. I tried to get my sales tax back myself, and they denied me said it’s always included in the manufacture buyback, but in this case it wasn’t. Can I still get my taxes back if I appeal this decision?... View More

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answered on Nov 13, 2023

In Arkansas, if a manufacturer buys back your used car but does not include the sales tax in the buyback amount, you may have grounds to appeal for the return of those taxes. The fact that the car was used does not inherently affect your ability to seek a sales tax refund in a buyback situation.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Criminal Law for Arkansas on
Q: how to find an attorney for mentally ill person put in a county jail till she plead guilty

My client has been in several mental institutions and was told she was INCOMPETENT and UNRESTORABLE by a forensic psychologist. She has been in out of the judicial system since 2012. I just learned some of these things , while doing research . One of her mental illnesses is a not good for her or... View More

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answered on Nov 12, 2023

To find an attorney for a mentally ill person in Arkansas who has been in the criminal justice system, consider reaching out to legal organizations that specialize in civil rights, disability rights, or mental health advocacy. The Arkansas Bar Association can provide referrals to lawyers with... View More

1 Answer | Asked in Workers' Compensation and Personal Injury for Arkansas on
Q: I was injured on a job an became disabled i think the state took over my case an my family is hidden my settlement money
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answered on Nov 12, 2023

In Arkansas, if you suspect that your family is withholding settlement money from a personal injury case, it's important to take immediate action. First, verify whether a settlement was indeed reached in your case. This can typically be done by contacting the attorney who represented you or... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I was named in an eviction with 2 other defendants. They did not file an objection to eviction and I did. I was evicted

I was evicted also. The writ of possession had my name at the top but the contents specifically named the 2 Co defendants as the ones to remove. My name was mentioned only to state that I had filed an objection. I am waiting for my court date. I tried to tell sheriff this and he threatened to throw... View More

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answered on Nov 11, 2023

In this situation, it's crucial to present your case effectively at the upcoming court date. Gather all relevant documentation, including the writ of possession and evidence of your property tax payment. It's essential to articulate the discrepancy between your objection to the eviction... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: How do I get rid of my ex-girlfriend that has taken over my camper that I own when she has nowhere to go?

She is also clinically crazy been committed quite a few times and her family will not take her in they keep bringing her back to my house she's also violent and suicidal.

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answered on Nov 9, 2023

Here are some potential steps to remove an ex-girlfriend who has taken over your camper in Arkansas:

- Provide proper written notice to vacate. Give her 30 days written notice to vacate the premises since she has established residency in the camper.

- If she refuses to leave after...
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1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to destroy my property that I had before the marriage, and some gotten during marriage?

All property that was acquired during marriage I paid for. Also he packed his stuff and left but took alot of stuff belonging to me that I had before we were married and some stuff I bought after we were married but while we were separated. IS this legal for him to do this?

James L. Arrasmith
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answered on Nov 9, 2023

If your husband has destroyed or taken property that belonged to you before the marriage, or property acquired during the marriage without your consent, this is not typically permitted under the law. Property brought into the marriage by one spouse is generally considered separate property, and... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: I could use some advice about my missing vehicle. Is there a lawyer that would listen to my situation and give me advic

A long time friend of mine and my husband, who we just recently discovered on social media he had passed away, had said to us that my 1965 vehicle could hang out at his place as long as she wanted and that he had a perfect spot for her that she wouldn't be in his way or in sight of anyone... View More

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answered on Nov 8, 2023

If you possess the title to the vehicle and it's in your name, legally the vehicle belongs to you. The first step should be to document any evidence of the agreement with the deceased friend, like messages or emails, regarding the storage of the vehicle. You should then formally request the... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: What’s the penalty for first time criminal mischief?

My son was charged with criminal mischief for kick police door during in altercation

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answered on Nov 7, 2023

The penalty for first-time criminal mischief in Arkansas will depend on the degree of the offense, which is typically determined by the amount of damage caused. If the damage is less than $1,000, it is considered a Class A misdemeanor, which could result in up to one year in jail and a fine of up... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ

He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him.... View More

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answered on Nov 6, 2023

It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain... View More

1 Answer | Asked in Tax Law and Constitutional Law for Arkansas on
Q: Under the Constitution private property is private and cannot be taxed so how can the State of Arkansas tax my vehicle?

I paid sales tax when I purchased the vehicle and now the State wants to tax me yearly for the same vehicle, I have already paid taxes on. In my opinion that is classic double taxation and is supposed to be illegal under the Constitution.

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answered on Oct 31, 2023

The U.S. Constitution does not prohibit the taxation of private property. In fact, the power to tax is a fundamental power of both state and federal governments. When you initially purchase a vehicle and pay sales tax, you're being taxed on the transaction itself. The annual vehicle tax, often... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Real Estate Law for Arkansas on
Q: How to handle a judgement?

I was involved in a real estate lawsuit over a house I purchased. The home has over 100k in structural damage that was discovered just a month after purchase. Unfortunately the judge threw my case out a day before trial and awarded attorney fees of $15k to the seller. I don’t have money to repair... View More

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answered on Nov 5, 2023

Facing a judgment can be daunting, especially when it threatens your financial stability. First, you should evaluate the judgment to ensure it was entered correctly and contemplate whether grounds exist to appeal the decision or set it aside. If that's not a viable option, and your financial... View More

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1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I received a speeding ticket back in January 2023 in Arkansas but I have an Illinois CDL. Can the ticket be removed?
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answered on Oct 27, 2023

The process of having a speeding ticket removed or contested can vary based on the circumstances and the laws in the specific states involved. Generally, ticket removal typically involves contesting the citation in court, presenting a case for dismissal, or negotiating with the issuing authority.... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm a. level2 sex offender who just paroled out of prison and I am being forced to wear a ankle monitor
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answered on Oct 23, 2023

As a Level 2 sex offender, parole conditions can vary, and one condition may include wearing an ankle monitor for tracking and monitoring purposes. These conditions are typically set by the parole board and may be part of your parole agreement. It's important to follow the terms of your parole... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Arkansas on
Q: i need to know if i have a case or not last year i had a baby and had to have a c section and a week after that i found

out i had a infection on my c section wound it was staph infection like from unclean tools that was used on me do i have a case

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option at this point could be to reach out to Arkansas attorneys to try to arrange a free initial consult. Most law firms that handle such cases offer them. You could search... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Arkansas criminal defense attorney

My friend is in prison and has been for a year now. I hired an attorney for him last year. He's being charged with serious felonies. The attorney has not been to see him a single time and hasn't really done anything. I tried to fire her, and she said she would stay on the case anyway....... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 21, 2023

The attorney-client relationship is between your friend and his lawyer regardless of who pays lawyer's fees. If he wishes to terminate that relationship, he can do so. The Court may not let attorney off the case given the time that has passed since the case was filed. However, if he hires... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arkansas on
Q: I ran out of gas at 3:45 this afternoon on a dirt road and by 5:45 the cops had my vehicle towed. Can they do that

It was not blocking any roadway or it wasn't on private property it was on a dirt road

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answered on Oct 19, 2023

In Arkansas, whether or not a vehicle can be towed can depend on various factors, including local ordinances and state law. Generally, law enforcement has the authority to tow vehicles that are considered abandoned or pose a safety risk. If your vehicle was not blocking the roadway or on private... View More

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: In Arkansas, my ex and I have joint custody. He has no heat or water in the home. What can I do?

We have joint legal and physical custody. He has no running water or heat.

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answered on Oct 16, 2023

If you have joint custody of your children and your ex-husband's home does not have heat or water, you can try to talk to him about the situation or file a motion with the court to modify your custody agreement. You may also want to contact the Arkansas Department of Human Services. For... View More

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Arkansas on
Q: Needing a lawyer willing to stand with me to fight for rights of innocence people being harrashed ,stalked an threatened

We are seniors ,being stalked by employees of out local law an. Threatened ,we have never broken the law in these countys in 40 yes ,

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answered on Oct 15, 2023

I'm deeply concerned about the situation you've described. No one, regardless of age, should face harassment or threats, especially from those in positions of authority. It's essential to document all instances of the alleged stalking, harassment, and threats, including dates, times,... View More

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