Arkansas Q&A by Practice Area

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Arkansas Questions & Answers
1 Answer | Asked in Probate for Arkansas on
Q: What happens to an estate if will isn't probated within the time allotted.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Decedent's Assets are owned by his Heirs At Law (real property) and Next Of Kin (personal property). Probably need an AR attorney to search the title and advise who owns what.

1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for Arkansas on
Q: if a vehicle forces you off the road and damage your vehicle can an uninsured motorist claim be file?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

An Arkansas attorney could advise best, but your question remains open for a week. It could depend on Arkansas UM doctrine and your policy. Nationwide, states differ as to whether actual physical contact is necessary for a UM claim. Check with a local attorney as to state-specific requisites. Good... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: In Arkansas if you had a felony can you get a hunting license and it's been over 24 years
Richard Lane Hughes
Richard Lane Hughes
answered on Sep 18, 2022

Obtaining a license may not be a problem but, you cannot own or control a firearm for any purpose if you have a felony conviction no matter how long ago you got the conviction. However, you can seek relief through the Governor's office by filing a clemency petition. In appropriate cases the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Elder Law for Arkansas on
Q: What kind of attorney do I need to talk to about violation of ADA rights for a disabled person.

I also need answers about laws broken and other rights violated.

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. You need to search for attorneys who handle Americans with Disabilities Act (ADA) matters. You could try searching under ADA and civil rights law firms. You could check with the Arkansas Bar Association. Most... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a person be charged with theft of receiving and theft of property of the same item?

The property that was stolen is a vehicle I did not know that vehicle was stolen so I was charged with theft by receiving. But another party says that I also stole the vehicle can I be charged with both charges?

Richard Lane Hughes
Richard Lane Hughes
answered on Sep 10, 2022

The two crimes that you mention require different elements (acts) or mens rea (state of mind) to commit that offense. I don't see how you could convicted of both crimes based upon identical facts. Perhaps, if an individual bought a car that he knew was stolen and then failed to pay for the car... Read more »

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: Will any lawyer take my case?

I missed court for the second time the first time was doing covid and I didn't have enough money to pay. I found out I had a warrant through Uber when they fired me I turned myself in the next day because I didn't know the severity now I thought my second court appearance was on the 9th... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 9, 2022

Very good that you recognize that a lawyer can assist you. Please contact a traffic ticket or criminal defense lawyer in the Little Rock area---or contact a few lawyers----and then after speaking with them and hearing your options, hire the one with whom you feel most comfortable. While there are... Read more »

1 Answer | Asked in Contracts, Employment Law and Education Law for Arkansas on
Q: Am I required to supervise students off contracted time for free.

My principal stated that all certified staff are required to come in before our contracted hours and stay afterwards to supervise students for free. She also says that if we don’t, we will be written up for insubordination and that those of us with second jobs would have to make other... Read more »

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 7, 2022

Thanks and no you are not required to work more than the time you are contracted for. Working off the clock is illegal in Arkansas.

1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: Can a private practice doctor refuse me if I offer to pay out of pocket since they don’t accept my insurance?

I went to a dermatologist today with an appointment that was previously booked. Upon arrival I gave them my insurance card and they stated that they did not accept my insurance. I offered to pay out-of-pocket since I really need to be looked at and they flat out refused and said that they would get... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2022

An Arkansas attorney could advise best, but your question remains open for three weeks. Until you are able to arrange a consult with a local attorney to review the matter under state-specific insurance and health care regulations for Arkansas, the general rule nationwide is that doctors are free to... Read more »

1 Answer | Asked in Employment Law and Collections for Arkansas on
Q: As an independent contractor what can I do if a client refuses to pay

I worked for a company, empire aes, doing fiber optics for a month. I received two weeks of pay. After that they stopped responding to my attempts to contact and have not compensated me for the additional two weeks. I submitted my work through their system as required but they won't even respond.

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Aug 31, 2022

Thanks and you can call the Arkansas Department of Labor. Tell them the facts that you wrote above. They have the power to determine if you may be owed wages if you were misclassified as a contractor.

1 Answer | Asked in Business Law, Communications Law and Gaming for Arkansas on
Q: Is it possible for me to sue Pokémon support for lying in their code of conduct and negligence

Code of conduct says “if you believe you have been mistakenly discipline, please contact support here” which is where I make support request ticket but after making one all I get is an email (This is an automated email response.) saying “we don’t respond to inquiry’s of that kind” or... Read more »

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

well this is kind of not so exact question, but I will try to provide an answer to at least some extent.

At first the question about "If you are able to sue someone" is very general and the general answer to this is that Yes, you can sue, because you can...
Read more »

1 Answer | Asked in DUI / DWI for Arkansas on
Q: How can I be charged with 5-65-123 and never was ordered to have one installed?
Richard Lane Hughes
Richard Lane Hughes
answered on Aug 18, 2022

You may be accused of assisting or attempting to assist someone who has been issued a device restricting their operation of a motor vehicle. The cited statute prohibits that conduct.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: What inheritance rights does one have if your civil partner dies.

Person lived with partner for 14 years but never married.

Donna Branch
Donna Branch
answered on Aug 15, 2022

More details would be needed because this is not a clear cut answer. I can say Arkansas does not recognize common law marriage. However, I wouldn't give up just yet. It depends on when the property was acquired (during the 14 years or after). Did your partner have a will? Do your partner have... Read more »

1 Answer | Asked in Insurance Bad Faith for Arkansas on
Q: I hit a peice of detread and damaged my car can i fill out a claim for damage

Front and rear bumper and skid plate

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2022

An Arkansas attorney could answer best, but your question remains open for two weeks. It could depend on your insurance policy, if it provides full coverage. If you only carry basic liability, a property damage claim from such an incident occurring on an open roadway could be difficult. Good luck

1 Answer | Asked in Car Accidents for Arkansas on
Q: 1)Laws on loss of use? (53days WITHOUT) / (PAID for 3days)? 2) Non- OE parts put on my truck without permission?

53day from date my Truck was Towed to the shop till I got back. The reason it took so long was Insurance sent check to wrong state & company. They didn't let me know I sent them around 15 emails with no response. I lost out on a job. Stuff was shut off and I even had to walk to town one... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2022

An Arkansas attorney could advise best, but your question remains open for a week. In terms of loss of use, damages to offset the unavailability the vehicle in PD claims are usually limited to rental cars as an industry practice nationwide. And depending on the carrier, even that can be tightly... Read more »

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: Appeals court AR- reversed in part, affirmed in part. How does a new order with the appeals revisions come about?

Hearing May 2021 awarding father joint custody after moving with a distance of childrens school. Father does, begins joint. Mother appeals courts decision. Appeals court reversed in part, affirmed in part. Reversed the distance requirement but agreed custody should have changed but without the... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 8, 2022

I would think that the appellate court would issue an order, stating precisely what has to be done in the trial court.

2 Answers | Asked in Bankruptcy and Banking for Arkansas on
Q: Can a bank lawfully withhold the title of my car.if the chapter 13 was dismissed..and the bank wrote the loan off
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 1, 2022

Yes. Until the underlying debt is fully paid, the bank can retain the title.

When a bankruptcy case is dismissed, all debt obligations are treated as if the bankruptcy never happened.

In addition, the grant of a discharge in a bankruptcy case (you didn't get that far)...
Read more »

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1 Answer | Asked in Car Accidents for Arkansas on
Q: Is there a overall time limit in civil procedure i.e. Negligence. Case. Like in criminal procedures fastest speedy trial

Automobile accident case Wanting to know if there's a time limit like in criminal cases fast and speedy trial or can it be strung out for years

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2022

An Arkansas attorney could answer best, but your question remains open for two weeks. Until you are able to discuss this with a local attorney familiar with Arkansas rules of civil procedure, as a general premise nationwide, there is no such time limit. The Sixth Amendment protection you're... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arkansas on
Q: Never read rights, never offered attorney, told plead guilty or go to jail. Plead guilty.. can I fix this.

It was years back, abusive ex husband I left showed up where I was staying and assaulted me. I had no job and was pregnant. I had no idea the consequences of pleading guilty. I was out on bail. At plea hearing the judge said if I plead not guilty he was going to put me in jail even after my... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 26, 2022

"It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective.... Read more »

1 Answer | Asked in Bankruptcy for Arkansas on
Q: I want to stop chapter 13, my hubby doesn't. Would our 2 vehicles in both names be included if I stop my part?

We have 2 vehicles in both our names. We would like to leave them in the chapter 13, however I want to stop my part in this. Would they both be able to stay included in the bankruptcy?

Timothy Denison
Timothy Denison
answered on Jul 19, 2022

Yes, although the specifics of how would still need to be resolved by your bankruptcy attorney.

2 Answers | Asked in Car Accidents for Arkansas on
Q: How can I prove my innocence if no lawyer will help me? I have been wrongfully found at fault and I need help
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 19, 2022

More information is needed on this however unless a court of law has ruled on the issue of fault, you have every right to fight the current/previous opinions of the investigating officer, insurance companies and others by filing a lawsuit and having a trial.

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