Arkansas Law Blog

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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Criminal Law

What does it cost to be removed from the Arkansas Sex Offender Registry?

You may think removal from the Arkansas Sex Offender Registry to be too difficult and expensive. At Wilson & Haubert we offer three price options. Two are flat fees – one price for the entire process, beginning to end. The third is reserved for complex cases. Most cases are not considered “complex.” Here are the three cost options for being removed

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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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Interesting Legal-Lawyering Stories

July 2018 Arkansas Bar Exam Results

New Lawyer Bar Results

Congratulations to all those who passed the July 2018 Arkansas Bar Exam! Here are the results: 2018JulyBarExamResults Enjoy scrambling around to find a judge to swear you in on Tuesday.  Let the fun begin! But seriously—we are pleased to have you all as colleagues. Do well. Looking for some extra reading? After You Get Your Bar Exam Scores  

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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?

The price of a bankruptcy can be broken into two parts: 1) the costs and filing fees and 2) the lawyer fees. The costs include credit reports and bankruptcy courses which are the same for both Chapter 7 and Chapter 13. We must run your credit to ensure we get all of your debts listed on your bankruptcy filing. The

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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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