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Do I need a Trademark?

Do I need a trademark? Are you a business owner who is considering filling for a trademark?  Here are several things you need to know:  Even without realizing it, you, as a consumer, deal with trademarks on a day to day basis.  A trademark is a brand name, and includes any word, name, symbol, device, or any…

How Does Social Security Define Disability? 

HOW DOES SOCIAL SECURITY DEFINE DISABILITY?  The Social Security Administration (SSA) defines disability as being unable to engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental impairment(s):  That is expected to result in death, or  That has lasted or is expected to last for a continuous period of at least 12 months.  The…

Do I Need a Lawyer to Apply for Social Security Disability? 

Do I Need a Lawyer to Apply for Social Security Disability?  There is an old adage that states that a man who represents himself in court has a fool for a client. Nevertheless, statics from Social Security show that millions of well–intentioned Americans do just that and proceed with their disability application without the assistance from an attorney.   Because of the critical…

Arkansas Game and Fish Violations: How will a violation affect my hunting rights? Can I go to jail for a violation? 

Arkansas Game and Fish Violations  How will a Game and Fish violation affect my hunting rights, and can I go to jail for a violation?  Game and Fish violations are grouped into five levels of violations. Each level carries different fine amounts and possibilities of county jail time. However, the most important part is the amount of points…

What is Title IX?

What is Title IX? Title IX is a group of federal statutes which govern the rules of conduct for individuals enrolled in education institutions, among other things.  Institutions that fail to comply with federal Title IX provisions may lose federal aid.  Title IX provisions require that the campus Title IX office to investigate allegations of…

Are you a University Student who has been Arrested?

If your son or daughter has been arrested or charged with a crime while enrolled as a student at the University of Arkansas, you can expect swift action from the University Office of Student Standards and Conduct. The Office of Student Standards and Conduct has broad discretion. Although the student is entitled to due process,…

Can teachers get their job back?

As a teacher, can I get my job back if they suspend or fire me? Yes.  You are protected by a strong law.  The law is called the Arkansas Teacher Fair Dismissal Act (TFDA).  This law is designed to help teachers. The TFDA says that a teacher has to receive written notice of any nonrenewal,…

Can I lose my nursing License for refusing a drug test

Can nurses lose their license if they refuse to drug test? Lots of nurses want to know if they’ll lose their licenses for refusing to take a drug test. The short answer is yes, you can lose your license if you refuse to take a requested drug test. However, it is a little more complicated…

Title 9 – Sexual Misconduct in Educational Settings

What is Title 9? Title 9 is a group of federal statutes that governs rules of conduct for individuals enrolled in educational institutions, among other things.  Title 9 deals with sexual harassment, dating violence, discrimination, stalking, and sexual misconduct. The group of laws forces a university to investigate and respond to any of the above…

Arkansas Board of Pharmacy Hearings

Becoming a pharmacist is hard work. It takes a lot of late nights studying pharmacology, learning how to compound, and understanding how medications work together and against each other.  It is a huge undertaking, and one that folks don’t take lightly.  As a result of all that hard work, someone who makes it through pharmacy…

Can I appeal my case?

Can I appeal my case? Judges often tell litigants that one of the parties is going to leave that courtroom unhappy.  Judges say this in hearings and trials, either before the arguments begin, before they make their ruling or ask the jury to deliver theirs, or maybe even right before the end of the hearing….

Can I Appeal a Decision Before the Case is Over?

I sure hate to do this to you, but I’ve got to: “It all depends.” Most of the time, you have to wait until the end of a case to appeal a judge’s decision. This includes rulings that may have occurred along the way, even if they were decided long before the final decision. And…

How Does A Judge Decide an Appeal?

An appeal decision is not as straightforward as you might think. To illustrate the point, I need to point you to an area in which I am almost completely stupid: Football. I basically watch enough football to be dangerous. I don’t really understand what’s going on, but I know enough to be able to shout…

Appeal Process: How Long Does an Appeal Take?

The entire appeal process in Arkansas can take as little as four months and up to two years. The four-month figure is not realistic, but it’s theoretically possible. It would require that everyone involved (appellant, appellee, court reporter, circuit clerk, trial court, Supreme Court clerk, and appeals court) handle their business immediately. This never happens….

Appellate Attorney | Should I Hire an Attorney for My Appeal?

Should I Hire an Appellate Attorney for My Appeal? The short answer is yes. I doubt you’re surprised by that answer. When is the last time, after all, that anyone heard of a lawyer turning down business? Truthfully, everything really doesn’t require a lawyer. Powers of attorney and (truly) uncontested divorces and simple wills can…

Appeal Procedure | How Do I File for an Appeal

There are two basic stages in an Arkansas lawsuit: Trial and Appeal. A trial is where you present the facts of your case to a judge, who will decide who wins. An appeal, however, is where you ask another judge to reverse the first judge’s decision because of a specific error that the first judge…

Owe money for Unemployment Overpayment?

I Owe Money for Unemployment Overpayment! During times of difficulty while we are bombarded by the stresses of keeping the lights on and food on the table, we often do not pay as much attention as we should to the forms we are completing.  This can happen when applying for unemployment.  Perhaps you were able…

How to Get Driver’s License Back After Losing It Due to Money Owed From an Accident 

How to Get Driver’s License Back After Losing It Due to Money Owed From an Accident  Accidents happen to everyone, and sometimes one accident can grow into several problems. This is especially true of car accidents. In addition to loss of the use of your car as well as the aggravation and cost of getting it repaired, you may also have to…

How to Stop Wage Garnishment in Arkansas

No one likes to feel out of control, at the mercy of someone or something else through wage garnishment. Unfortunately, for thousands of workers in the United States, that is the reality of their financial situation. Through an invasive process known as “wage garnishment,” a single creditor may take a large percentage of a person’s paid wages.

Is Chapter 13 bankruptcy better now?

How the CARES Act Helps Debtors in Chapter 13 Bankruptcy  The CARES Act (Coronavirus Aid, Relief, Economic Security Act) provides some assistance to consumer and bankruptcy debtors.  In addition to the federal stimulus package which will provide a one-time payment to individuals based on their income and number of dependents, funds received by individuals will…

Filing Bankruptcy without Leaving Your Home

Coronavirus and Filing Bankruptcy Even though our interactions have been restricted, you still need to be able to receive financial relief. If you have been financially struggling but want to protect the health of you and your family, we can still offer relief and protection through bankruptcy. During the coronavirus pandemic, you do not have…

How much does a car loan cost? Options in bankruptcy

How Much is that Car Loan is Really Costing?   Transportation is a Necessity   Cars have become a necessity we rely on for our everyday lives.  They are important tools for getting us to and from work, the grocery store, or doctor’s appointments.  Today, most cities are designed to accommodate car travel, making it impractical to travel by more cost-efficient means like…

What is a DSO (Domestic Support Obligation)?

What is a DSO (Domestic Support Obligation)? Section 101(14A) of the Bankruptcy Code defines a domestic support obligation as “a debt that accrues before, on, or after the date of the order for relief . . . including interest that accrues on that debt as provided under applicable non-bankruptcy law . . that is –…

Business Payday Loans and How they Work

The Small Business Ray Jones owns a small construction business, Ray’s Remodeling, LLC, which specializes in residential remodeling.  He pays his employees and buys his supplies in cash each month, incurring no trade debt.  Ray becomes sick and is hospitalized for weeks and in recovery for months.  He is not able to work and when…

Help! My tax refund is being garnished!

Bankruptcy Means Test | Are You Eligible?

The “Means Test” what does it all mean? The bankruptcy means test is used decide to see who is eligible for a Chapter 7 bankruptcy. People often are worried about the means test, but it is not as bad as it seems. If you make less than the median income for the state, here is…

Should I have an attorney review my small business contract?

wh Law frequently reviews vendor and sale contracts for family-owned and small businesses.  We do so to ensure that the contract is clear and to ensure that the contract actually provides protections for you. In addition, wh Law drafts contracts for employers looking to provide contracts to their employees. In doing so, wh Law draws…

Should I have an attorney review my employment contract?

WH Law frequently reviews employment contracts for managers, doctors, and other professionals to ensure the contract is clear and to ensure that the contract actually provides protections. WH Law also drafts contracts for high-level employees and for small employers looking to provide contracts to their employees. In doing so, we draw on our experience litigating…

What Happens If Your Business Files for Bankruptcy

Legal Options When You Can’t Pay Your Business Debts

LLC: Outside and Inside Liability

In my last blog I discussed dreaded idea of being found liable for some injury or harm caused to another person.  Liability means your assets, or your company’s assets, are going to be used to make the harmed individual whole.  In other words, you are going to pay for the injury.  Broad exposure to unlimited…

Limited Liability Companies

Arkansas Limited Liability Companies Part 1 Have you ever been sued?  Have you ever feared you were going to be sued?  Have you thought about what you might do to protect your assets in the event of a lawsuit?  Being found liable is a dreaded event in most situations because it could bankrupt you. Smart…

How a Business Attorney Can Help Your Struggling Business

If your business has been struggling and you simply can’t pay your debts, it’s time to take stock and consider your options. What’s the first thing you should do? Consult with a business attorney. If you continue on the path you are on without making any changes, things are likely to become untenable, and your…

How to Beat a Credit Card Lawsuit

Contractor or Employee? The IRS will decide.

More and more businesses are meeting their needs by hiring independent contractors.  Business owners benefit by avoiding the administrative hassles and the out-of pocket costs of payroll taxes and fringe benefits. The trend toward independent contractors will likely continue as business owners cope with the insurance mandate of President Obama’s Patient Protection and Affordable Care…

What is a LLC?

Liability shield of a LLC Like corporations, LLCs provide their owners—called “members”—with a strong statutory liability-shield that protects their personal assets from claims against their business.  Indeed, the LLC shield is arguably stronger than the corporate shield. Management structure of a LLC The default management structure of LLCs is much simpler than corporations.  The management…

Do I need a Trademark?

Do I need a trademark? Are you a business owner who is considering filling for a trademark?  Here are several things you need to know:  Even without realizing it, you, as a consumer, deal with trademarks on a day to day basis.  A trademark is a brand name, and includes any word, name, symbol, device, or any…

Over the Line: Misplaced fences, roads and other boundary disputes

Over the Line: Misplaced fences, roads and other boundary disputes There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Encountering a boundary dispute with an adjacent neighbor is a fairly common issue for…

Someone Placed A Lien on My Property, What Can I Do?

Having a lien placed on your property can be detrimental to the title of the property. A Materialman’s or Mechanics lien will “cloud the title” of the property. This means that the lien will appear in public records. This also means that any lien must be paid off before you, as the homeowner, can sell,…

What is Title IX?

What is Title IX? Title IX is a group of federal statutes which govern the rules of conduct for individuals enrolled in education institutions, among other things.  Institutions that fail to comply with federal Title IX provisions may lose federal aid.  Title IX provisions require that the campus Title IX office to investigate allegations of…

Should I have an attorney review my small business contract?

wh Law frequently reviews vendor and sale contracts for family-owned and small businesses.  We do so to ensure that the contract is clear and to ensure that the contract actually provides protections for you. In addition, wh Law drafts contracts for employers looking to provide contracts to their employees. In doing so, wh Law draws…

How Do I Serve Someone?

  “It may be the devil, and it may be the Lord, but you’re gonna have to serve somebody.” – Bob Dylan Although I think Dylan was making more of a theological statement than a legal one, it is true: At some point point in your life, you are probably going to have to serve someone….

How Do I Keep Someone Away From Me?

Uniform Partition of Heirs Property Act Explained

Our subject today is the Uniform Partition of Heirs Property Act. There, I said it. This blog exists for a few different reasons, but this is the biggest one: We want to explain how laws that you otherwise would not know or care about can make your life better. Laws are—after all—yours. You should be…

Can You Serve Someone Through Facebook?

Apparently so—at least in New York. Here’s the gist of the story from the Socially Aware blog: In a little-noticed decision, Matter of Noel v. Maria, Support Magistrate Gregory L. Gliedman—a Staten Island, New York family court official—recently permitted a father seeking to modify his child support payments to serve process on the child’s mother…

Do We Really Need Lawyers? – Part 3

Or, as an alternative title—”another slightly cynical, non-obvious way for a new lawyer to justify his existence.” Here’s the third (the first and second are here and here, respectively) and final installment thinking through Justice Alito’s recent statement that “Our country needs lawyers.” So what’s the third reason we need lawyers? We need lawyers because…

What happens if I get caught with Marijuana in Arkansas? 

What happens if I get caught with Marijuana in Arkansas?  In Arkansas, possessing marijuana without a valid prescription is illegal. The possession of marijuana can range from an A- Misdemeanor all the way to a Y- Felony, depending on the amount and how it is packaged. The majority of Marijuana arrests in Arkansas will be for Class A – Misdemeanors…

Arkansas Game and Fish Violations: How will a violation affect my hunting rights? Can I go to jail for a violation? 

Arkansas Game and Fish Violations  How will a Game and Fish violation affect my hunting rights, and can I go to jail for a violation?  Game and Fish violations are grouped into five levels of violations. Each level carries different fine amounts and possibilities of county jail time. However, the most important part is the amount of points…

What happens when charged with domestic battering or assault in Arkansas?

First Time Charge For Domestic Battering Or Assault In Arkansas – What Happens? Even if you’ve never been in trouble before, a charge for domestic battering or assault on a family or household member is a serious offense. A misdemeanor conviction could land you in jail, force you to move out of your home or…

Stopped at a DWI checkpoint in Arkansas?

Stopped at a DWI checkpoint in Arkansas? DWI checkpoints have their own special sets of rules for the police to play by.  Unlike a traditional traffic stop for which turns into an arrest for driving while intoxicated, a sobriety checkpoint must follow its own set of rules. How does a traditional traffic stop occur? In…

When can I seal my criminal record?

In 2013 Arkansas passed what is referred to as the Universal Misdemeanor Sealing Act. This allowed most misdemeanors to be sealed 6o days after the successful completion of the sentence. The process before involved drafting and submitting a petition to seal, as well as an order to seal, along with a $50.00 filing fee payable…

Can I smoke weed on probation?

The short answer – Yes, if you follow the proper steps. Now that Arkansas has passed a medical marijuana law and is issuing cards to those that can properly obtain prescriptions from their doctors, you can use marijuana just like any other prescribed drug you would normally take for your health and that you would…

Arkansas Open Container Laws

Can I have an open container of alcohol in my vehicle while driving in Arkansas? Up until 2017, the answer was yes. But the recently passed HB 1001 changes that. Now, it is illegal for passengers to have an open alcoholic beverage while on a highway or other public road. It is legal to have…

When can police stop my car?

This is a question we are asked all the time.  When can the police stop my car? The answer is: when the police have reasonable suspicion they may stop your vehicle. What is Reasonable Suspicion? Under Terry v. Ohio, an officer may only stop a vehicle if that officer has “reasonable suspicion” that the driver…

What to Do If You’re Facing a Probation Revocation

Under Arkansas law, you can be sentenced to probation to avoid going to jail. If you are on probation, you want to make sure that you do everything you can to avoid a probation revocation. As you probably know, your probation can be revoked for many reasons, including failing drug tests, missing appointments with your probation…

How much does a criminal lawyer cost?

How much does a criminal lawyer cost in Arkansas? Of all the questions lawyers are asked, the only question we get every time is “how much does a lawyer cost?” Traditionally, lawyers do not have flat-rate, across the board pricing, and many things will dictate the final price of a case.  While this is fine…

What is a “Miller Trust?”

Miller Trusts are a type of trust used to qualify a Medicaid applicant for Medicaid when the Medicaid applicant’s income exceeds the state published Income Cap.  In Arkansas, the “Income Cap” (a phrase with a specific meaning for Medicaid purposes) as of the date of this article is $2,250. This means any applicant for Medicaid…

How to Pay for Nursing Home Care

One of the greatest fears people have about aging is loss of health and ending up in a nursing home.  How are you going to afford to pay for long-term care? There are basically four ways to pay for the cost of a nursing home:     Long-Term Care Insurance- Long Term Care Insurance is…

What are the exceptions to the Medicaid transfer penalty?

We do a fair amount of asset protection for families with loved ones entering nursing homes and deal with medicaid transfers.  We almost always transfer assets out of the medically needy individual’s name. This generally allows for the preservation of a majority of the assets and allows the medically needy person to qualify for Medicaid….

Fear of Losing Control

My job as an estate and elder law attorney brings me into contact with people on a daily basis who have decided to begin their end-of-life planning. As a part of the initial conversation I have with clients, I usually ask what made them decide to do this planning now. After all, many of them…

Arkansas Medicaid: What You Need to Apply

Helping your parents or other family members enter a nursing home is always difficult, no matter the financial situation. There is the stress of deciding which home is best for your loved one. There is the sadness in seeing your loved one taken away from the home that he or she has come to love….

Healthcare Costs during Retirement

In the practice area of Elder Law we often deal with how to pay for the medical costs of our clients. Most of the time people do not call until they are facing a $6,000.00 a month bill from the nursing home. Most people spend a large amount of money on healthcare before they ever…

Long Term Care: The Steps to Qualify

It happens often to families today. They have to move a family member into a nursing home and it is never easy. You have to take someone out of their comfortable surroundings and move them into an area that they often do not want to go. Nursing home staff try to do the best they…

Can I take off from work if I or a family member gets the coronavirus?

If you or a family member have the coronavirus, there is a federal law called the Family & Medical Leave Act (FMLA)  that allows a qualified employee to take up to 12 weeks of unpaid leave within a 12-month period if they or an immediate family member requires care for a “serious health condition.” The…

What can I do as an unemployed restaurant worker during the coronavirus?

What can I do as an unemployed restaurant worker during the coronavirus? If you were a restaurant or service industry worker who is now unemployed, please first apply for unemployment assistance. You can do so here: https://www.ezarc.adws.arkansas.gov/ To be eligible, you must be: Unemployed, Physically and mentally able to perform suitable work, Available for suitable…

Should I have an attorney review my small business contract?

wh Law frequently reviews vendor and sale contracts for family-owned and small businesses.  We do so to ensure that the contract is clear and to ensure that the contract actually provides protections for you. In addition, wh Law drafts contracts for employers looking to provide contracts to their employees. In doing so, wh Law draws…

Should I have an attorney review my employment contract?

WH Law frequently reviews employment contracts for managers, doctors, and other professionals to ensure the contract is clear and to ensure that the contract actually provides protections. WH Law also drafts contracts for high-level employees and for small employers looking to provide contracts to their employees. In doing so, we draw on our experience litigating…

Why restaurant workers are likely owed money

The Court system makes thousands of restaurants all over the country pay back workers money the workers are owed. The U.S. Department of Labor found that in one two-year period, over eighty percent of restaurants violated labor and employment laws. (Click here to read more about that study) If you’re a restaurant employee, we’ve found…

Did I Get Fired Illegally?

What does age or gender discrimination mean? Laws protect against being fired for your age and gender and many other reasons. The Age Discrimination in Employment Act (ADEA) protects many employees forty years and older from discrimination in hiring, firing, and terms and conditions of employment based on age. The Equal Pay act (EPA) requires…

Do ride-share companies owe drivers money

Under the federal labor law, when an employer-employee relationship exists, the employee must be paid at least the Federal minimum wage of $7.25 per hour and in most cases overtime at time and one-half his/her regular rate of pay for all hours worked in excess of 40 per week. The ride-share company Uber has agreed…

Can caregivers or care workers be paid more?

All caregivers are owed the federal minimum wage of $7.25 an hour and an overtime payment for all hours worked over 40 in any work week, unless some very specific exemptions are met. However, many agencies or individuals are not following the law. This law firm has a lawsuit against PALCO, Inc. for back wage…

Can teachers get their job back?

As a teacher, can I get my job back if they suspend or fire me? Yes.  You are protected by a strong law.  The law is called the Arkansas Teacher Fair Dismissal Act (TFDA).  This law is designed to help teachers. The TFDA says that a teacher has to receive written notice of any nonrenewal,…

Contractor or Employee? The IRS will decide.

More and more businesses are meeting their needs by hiring independent contractors.  Business owners benefit by avoiding the administrative hassles and the out-of pocket costs of payroll taxes and fringe benefits. The trend toward independent contractors will likely continue as business owners cope with the insurance mandate of President Obama’s Patient Protection and Affordable Care…

What Happens to My Retirement When I Die?

What Happens to My Retirement When I Die? If you are like most Americans, by the time you approach or reach retirement age, your two biggest assets are your home and your retirement account.  If you are in the process of creating an estate plan, or are beginning to think about it, you may be…

Covid-19 and Estate Planning

These are difficult and uncertain times. Coping with the Corona Virus and COVID-19 can be stressful and down right scary.  With the focus now on the health of you and your family, estate planning may be the last thing on your mind.  Even if you are wishing to create an estate plan, social distancing and…

What are Uncompensated Transfers and Penalty Periods?

Many people gift property to others to qualify for Medicaid only to find out that they’re still not qualified. Usually this situation is caused by Uncompensated Transfers.  These transfers trigger “penalty periods.” So, what is an Uncompensated Transfer? How do such transfers incur a penalty? What is the Transfer Penalty and how does it work?…

How to Control Your Retirement Accounts after Your Death

More and more people own retirement accounts that are connected in some way to IRAs.  It’s also true that nearly half of the married people in the country used to be married to someone else.  If you have kids from a previous marriage, you might be nervous about your wife and those kids fighting over…

Is My Financial Advisor Practicing Law?

Through the years I have drafted estate plans and asset protection plans only to have a client call and question the validity of the plan based upon a conversation with a friend or relative.  If the conversation starts out something like this: “ I spoke with my brother-in-law and he says…”, my usual response is…

How to Pay for Nursing Home Care

One of the greatest fears people have about aging is loss of health and ending up in a nursing home.  How are you going to afford to pay for long-term care? There are basically four ways to pay for the cost of a nursing home:     Long-Term Care Insurance- Long Term Care Insurance is…

What are the exceptions to the Medicaid transfer penalty?

We do a fair amount of asset protection for families with loved ones entering nursing homes and deal with medicaid transfers.  We almost always transfer assets out of the medically needy individual’s name. This generally allows for the preservation of a majority of the assets and allows the medically needy person to qualify for Medicaid….

Can someone please explain IRA and RMD to me?

If you own an IRA, eventually you will need to start taking Required Minimum Distributions (RMD) from your IRA, unless it is a ROTH IRA.  ROTH IRAs do not require RMDs as they were funded with after tax money and therefore enjoy special treatment under the tax code. The following chart pulled from the IRS…

What does an Arkansas Estate Plan Cost?

Schedule Free Consultation First, I guess we need to talk about what an Arkansas estate plan can include. It can contain the following: Living Revocable Trust, Irrevocable Trust, Last Will and Testament, Power of Attorney, Healthcare Power of Attorney, Living Will, Personal Property Memorandum, Funding of the Trust, deeds, and an LLC Now, your estate…

How Not to Lose Your Home

In my job as an estate and elder law attorney, I speak to people who have decided to start their end of life planning on a daily basis.  As a part of the first conversation I have with these folks, I usually ask what made them decide to start planning now.  Many people live into…

What about custody during the virus?

Arkansas Child Custody During The Coronavirus  Many parents are asking questions about child visitation schedules and the Coronavirus. Below are common questions and basic guidelines. Overall, it is best to follow the court order. Remember that the judge’s duty is to consider what is in the best interest of the child (link to article) and Arkansas law wants…

Can I get primary custody if my child wants to live with me?

Can I get primary custody if my child wants to live with me? My child says he/she wants to live with me, will the Judge take that into consideration in determining which parent is awarded primary custody of our child?  Attorneys are often asked at what age can the minor child make their own decision about…

What happens when charged with domestic battering or assault in Arkansas?

First Time Charge For Domestic Battering Or Assault In Arkansas – What Happens? Even if you’ve never been in trouble before, a charge for domestic battering or assault on a family or household member is a serious offense. A misdemeanor conviction could land you in jail, force you to move out of your home or…

Getting a Court Date over the Holidays

We all know that holidays are a busy time for almost everyone. Gift stores, shopping malls, what have you are way busier and even open longer. Supermarkets are packed with people buying a ton of groceries for big family gatherings. Airports are at their peak season and the interstate highway system is congested with weary…

Termination of Parental Rights in Arkansas

The rights and responsibilities of parents are extremely important. They are also very much linked together. In other words, if you fail to adhere to your responsibilities and obligations as a mom or dad, such as paying child support, providing necessary care, or regularly communicating with your child, your rights may be taken away. The…

Questions for your Divorce Attorney

Divorce is a difficult subject. Perhaps finding a family lawyer is not something you expected to do. While there are many questions to ask and issues to consider, below are a few items you should cover during a family law consultation. How much will my divorce cost? If it sounds too good to be true,…

Tips on Using Social Media During Separation and Divorce

The wheels of justice may have a reputation for turning slowly but technology certainly does not. It seems at least once a month if not much more often there is a new social media app like Instagram, Facebook, Twitter, Snapchat, etc. While you may be doing a good job of monitoring your children’s Tik Tok…

How to tell when you need a family lawyer and the dangers of fighting it on your own.

When is it time to hire a family lawyer? Of course what you expect to hear from a lawyer about when you should hire them is something along the lines of “the sooner the better.” And not to upset you further – but the sooner you hire a lawyer, the better the shot is for…

When is Joint Custody Considered the Best Interest of The Child?

Clients ask us a form of this question almost every day.  Joint custody has been rare for the majority of the history of family law in Arkansas.  However, that trend is changing in many courts throughout the state. When a Judge is considering custody of children, they always look at what is in “the best…

Child Support Payments – What to Expect

You probably landed here because you’re going through a divorce, or you’re thinking about it, and you have children. If so, you’re in the right place. There are many issues surrounding child support in Arkansas and it’s important to know what your rights are. When will a court order child support payments? A court will…

Over the Line: Misplaced fences, roads and other boundary disputes

Over the Line: Misplaced fences, roads and other boundary disputes There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Encountering a boundary dispute with an adjacent neighbor is a fairly common issue for…

New Law Could Allow Student Loans to be Discharged in Bankruptcy

wh Law, is a debt relief agency. We help people file for bankruptcy protection under the U.S Bankruptcy Code.

February 2019 Arkansas Bar Exam Results

New Name | Same Firm

Proud to Make our Home in Argenta, North Little Rock

If you haven’t been to downtown North Little Rock in some time, you really need to drop in.  Argenta, the historic portion of North Little Rock’s Main Street, is thriving after many years of mediocrity.  Anchored by City Hall, the surrounding blocks have seen revitalization over the past two decades that have made the area…

Do I Really Need an Attorney?

I can’t count the number of phone calls I have received over the years from people who begin their conversation with, “I’m not sure I need an attorney…”  Do you always need one for every situation in life?  Probably not.  After all, every sniffle doesn’t mean you need a doctor, and there are a lot…

The Good Kind of Legalese

This is a guest post by Cecelia, who manages the office. We recently expanded our Firm’s square footage and have finally moved into the newly renovated space.  Our hope is the new office not only functions well for all of us that come to work here each day, but has a great feel for you…

“Back to Bremen” Book by Cecelia Wilson

Anyone who’s ever worked very long in a long firm knows that it’s not really the lawyers that run everything; it’s the support staff. Here at wh Law | We Help, we would be lost without our Office Manager Cecelia Wilson. She’s the one that keeps the wheels from coming off. When she’s not wrangling…

Four Ways to Be Kind to Your Lawyer

I spent a lot of time with my grandparents as a kid. They lived in a log cabin in the county, and the only way to describe their (When I say “their,” I mean my grandmother; my grandfather probably never noticed.) decorative style was “eclectic.” This included Norman Rockwell paintings, Zane Grey books, obnoxious timepieces,…

Back to Bremen – Book by Cecelia Wilson

Our very own Cecelia Wilson has a non-fiction book being published today. With that being said, let’s transition to the shameless plug: A little about the book, the book’s website, and Facebook page below — Edith Röpke, her seven siblings and their mother Marta have already learned to be silent and live inconspicuously… It is…

Stepchildren Rights to Probate Assets

Many disputed estate cases involve differences between stepparents and stepchildren. Whether the case involves a will, trust, or other end-of-life matters, the interests and motives of stepparents and stepchildren may be very different. So, who is right? Unfortunately, the typical legal response applies: “It depends.” IS THERE A WILL? Mom or Dad may have a…

Estate Planning and Property Deeds

One of the most important aspects of good estate planning is making sure that we have the information we need about your assets. Some estate planners in Arkansas are content simply to create a trust and leave it up to you to put your assets into it. (Otherwise known as “funding” your trust.) Estate Planning…

Uniform Partition of Heirs Property Act Explained

Our subject today is the Uniform Partition of Heirs Property Act. There, I said it. This blog exists for a few different reasons, but this is the biggest one: We want to explain how laws that you otherwise would not know or care about can make your life better. Laws are—after all—yours. You should be…

How to Avoid Probate (and Family Fights) Over a Bank Account

A big part of our job is helping people avoid the Arkansas probate process. One of the ways we help people avoid probate is changing information about personal bank accounts. If you die and you’re the only person on your bank account, your heirs will not be passing go or collecting any money. Instead, they’ll…

What is an Arkansas Probate?

The word “probate” comes from the Latin verb probare, which means “to try, test, prove, or examine.” (H/T to Wikipedia.) This is important for two reasons. First, it illustrates that probate, much like Latin, is outdated and should never be your go-to solution. Also, the definition is spot-on: Probate will both try you and test your…

Probate: Why not take care of it while you’re alive?

Q: Don’t want your family fighting after you are gone? A: Probate your estate plan while you are alive. This process is known as ante-mortem probate. The Arkansas Ante-Mortem Probate Act was passed in 1979. Ark. Code Ann. § 28-40-201 et seq. It provides testators (the people making the Will) the right to go to…

Do you know how to sign your name?

When signing a document on behalf of someone else or an entity, make sure you sign in that capacity – As an Agent.  The list is not an exhaustive list of roles agents can hold , but these examples can help you sign in any agency capacity. How to sign as an Attorney-in-fact Your loved…

IRAs and Trusts

I recently read a blog that stated “Naming a trust as a beneficiary of your IRA isn’t a good idea.” It went on and stated that it can get complicated and be done improperly. They did give some considerations to think about: Do you have any good reasons for leaving IRA money to a trust…

Matthew Crawley: Would his letter suffice as a Will in Arkansas?

Downton Abbey’s season premiere on Sunday night brought in more viewers than any other premiere in PBS’s history. For Downtown devotees, the episode was a little more somber than most. Perhaps this shouldn’t surprise anyone; after all, Matthew Crawley was one of the show’s most popular characters and his death was a shock to everyone….

Wills vs. Trusts

Wills A will is an instrument that determines the disposition of a decedent’s property after death. A person who executes a will is a testator. Valid wills override the intestacy statutes. A will is ambulatory, or revocable, up to the death of the testator, at which point it becomes irrevocable. A will can be revoked,…