Arkansas Law Blog

Family Law

Arkansas Divorce Myths and Facts

If you are thinking about or going through a divorce in Arkansas, you will receive free advice from many sources and a lot of it will be wrong.   Most of us know someone that has been divorced and they will often give advice (whether you ask for it or not). Arkansas divorce law can be difficult to fully understand.  If…

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Estate Planning

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 something like this: “Unless your…

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Elder Law

What is a “Miller Trust?”

Miller Trust is 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 is not qualified so long…

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Family Law

What are some examples of what is in the best interest of a child?

In Arkansas, when a court is deciding custody and visitation of a child, they look at the “child’s best interest” standard. This is a standard made up of many factors. Those factors can vary in the way the court weighs them and how many factors there are, both positively and negatively. To help you better understand the test for a…

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Criminal Law

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 has committed, or is about…

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Elder Law, Estate Planning

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 the best option by far….

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Criminal Law

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 officer, failure to complete treatment…

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Bankruptcy

What does an Arkansas Bankruptcy Cost?

Zero Money Down Bankruptcy Schedule Consult Online Call Us for Free Consult There are several parts to the price of a bankruptcy: 1) Attorney’s Fees, 2) Filing Fees, 3) Bankruptcy Courses, and 4) maybe a Credit Report. The biggest issue with filing a case is someone coming up with the filing fee ($335 for Chapter 7 and $310 for Chapter…

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Elder Law

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.   Most of the time these…

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Family Law

How Old Do You Have to Be to Get Married in Arkansas?

You have probably heard that Arkansas has one of the highest rates of divorce in the county. It is true. One significant reason for the high divorce rate is the relatively young marriage age in Arkansas: 24 for women (the lowest in the country) and 26 for men, which is also among the youngest. So, in effect, Arkansans have continued…

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