Dustin is a graduate of the University of Arkansas Fayetteville School of Law. He obtained his undergraduate degree at Central Michigan University in Mt. Pleasant, Michigan where he studied political science and broadcasting. Dustin has been practicing law since 2001. He began his legal career working with Legal Services offices, first in Fayetteville and then in Little Rock. Dustin is licensed to practice in Arkansas state courts, including Arkansas trial courts, the Arkansas Court of Appeals, and Arkansas Supreme Court. He is also licensed in the Federal District Court for the Eastern and Western Districts of Arkansas. Dustin is a past recipient of the Arkansas Bar Association’s Equal Justice Distinguished Service Award and the Arkansas Access to Justice Commission’s Champion of Justice Award.
- Estate Planning
- Family Law
- Landlord Tenant
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- Arkansas Judiciary
- ID Number: 2001242
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- The Law Offices of Dustin A. Duke, PLLC
- - Current
- Managing Attorney
- Center for Arkansas Legal Services
- University of Arkansas - Fayetteville
- J.D. (2001) | Law
- Equal Justice Distinguished Service Award
- Arkansas Bar Association
- Spirit of the Five-Year Plan Award
- Veterans Administration
- Arkansas State Bar
- Arkansas Bar Association
- Arkansas Estate Planning Basics, Little Rock Air Force Base
- United States Air Force
- Landlord Tenant Law Basics, St. Francis House, Little Rock
- Guardianship: A Primer on Arkansas Law, Team Up Autism, Little Rock, Arkansas
- Guardianship for Minors Transitioning Into Adulthood, Step Up Conference, Little Rock, Arkansas
- The Law Offices of Dustin A. Duke, PLLC
- Law Blog
- Medicaid Long Term Care Eligibility Rules and Payback Requirements
19 October 2019
- Get it in Writing
12 October 2019
- What is a Guardian?
5 October 2019
- Qualifying for Medicaid Long-Term Care
28 September 2019
- How is My IRA or 401(k) Distributed After I Die?
21 September 2019
- What Happens to My Retirement When I Die?
14 September 2019
- Orders of Protection, No Contact Orders & Restraining Orders: What’s the Difference?
24 August 2019
- Ready, Willing and ABLE Accounts – Protecting Eligibility for Public Benefits
10 August 2019
- Probate: Owning Property in Multiple States
4 August 2019
- Q. Does a noncustodial parent where no court order of custody is present have the right to request school records?
- A: The question is a little confusing, but I am assuming that since there is no court order and you refer to a non-custodial parent, that the parents were never married. In Arkansas, the mother of a child born outside of wedlock automatically has custody of him or her. The father has to establish paternity (either through a dna test or an affidavit acknowledging paternity) and then obtain a court order for custody and/or visitation rights. Generally, a putative father of a child born outside of marriage would not have rights to the child's school records, unless the mother gave the school permission to release the records to him.
- Q. What petition should I use to transfer guardianship back to me if the guardian agrees?
- A: If the guardianship is here in Arkansas, and if you are a parent of the child, you would need to file a petition to terminate the guardianship. If you need assistance or have further questions, feel free to contact me.
- Q. How do we officialize the changing of the trust by the primary beneficiaries when there'sno indication court's needed?
- A: Did the original trustee step-down? If so, he should state his resignation in writing. The terms of the trust will then dictate who the next trustee is. If the original trustee refuses to step-down then court action may be necessary to force his removal.
- Q. What does the written objection need to have specific verbiage?
- A: You should include the style of the case at the top of the objection (i.e. the parties' names and case number). You should state in your objection that you object to the issuance of a writ of possession and then state the reasons why. You need to sign the objection, include your address and phone number. It has to be filed with the clerk's office within five days from the date you were served with the lawsuit (excluding Saturdays). You should also pay any rent you owe into the registry of the court (with the court clerk) and be prepared to pay rent each month to the clerk until you have a hearing. Hope this helps. Good luck!
- Q. I have primary custody of two daughters. I believe their father is using drugs. Can I ask that he be drug tested?
- A: The short answer to your question is "yes." You could file a motion with the court in your previous custody case and allege that you believe your ex is on drugs and request a drug test. The judge would need to sign an order requiring your ex to take the test. You would likely be responsible for paying for the cost of the test up front. If your ex tests positive for drug use, you can ask that his visitation be restricted or supervised. Hope this helps. Let me know if you have further questions or if I can be of assistance.
- Q. My fiancee mother got adult guardianship over while he was in a coma from an accident 3 months ago. He is now awake
- A: In order to terminate the guardianship he will have to show the court that he is no longer incapacitated. This can be done by having his treating doctor fill out an affidavit. He would also have to file paperwork with the court asking that the guardianship be terminated. His mother would be served with the papers and, if she disagrees, a hearing would be set.
- Q. Does he file in Arkansas or Kentucky? Getting conflicting answers.
- A: If the children lived here for six consecutive months before they were moved to Kentucky, then Arkansas has jurisdiction to hear child custody until the children have lived in Kentucky for six months. That said, if the child's mother claims that your son was abusive to her (and she can prove it) jurisdiction may be removed to Kentucky. It was not clear from your question, is your son seeking custody of the children or are you seeking grandparent's visitation?
- Q. From previous...does he file in Arkansas or Kentucky?
- A: Feel free to contact me if you want to schedule a time for a consultation. I can be reached at (501) 960-6060.
- Q. I have a will that leaves everything to my daughter. Recently I decided to change beneficiaries on my stocks.
- A: Property that you have a beneficiary (or transfer on death TOD designation) for, such as your stocks, passes outside of probate. That is, the property automatically will go to the person listed as the beneficiary with the financial institution or brokerage firm without the need to go through the probate court. Your will only deals with property that has to be probated. Therefore, even if your will leaves everything to your daughter, the stocks will still not go to her if she is not listed as the beneficiary. This is true even if you specifically state in your will that your daughter gets the stocks. As long as their is a living beneficiary listed with the brokerage firm, the stocks will pass to that person. It is not a bad idea to update your will now and then, as well as any beneficiary forms or transfer on death designations that you have on bank accounts, brokerage accounts, retirement accounts, or life insurance policies.