Dustin A. Duke

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
• Probate
• Elder Law
• Family Law
• Divorce
• Landlord Tenant

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Arkansas

Arkansas Judiciary

ID Number: 2001242

Since 2001

Managing Member

The Law Offices of Dustin A. Duke, PLLC

2019 - Current

Managing Attorney

Center for Arkansas Legal Services

2004 - 2019

University of Arkansas - Fayetteville

J.D. (2001) | Law

1998 - 2001

Equal Justice Distinguished Service Award

Arkansas Bar Association

2015

Spirit of the Five-Year Plan Award

Veterans Administration

2015

Arkansas State Bar

Member

Current

Arkansas Bar Association

Member

Current

An Attorney’s Responsibility: Communication is Key to Good Client Relations

The Arkansas Journal of Social Change and Public Service

January 1, 2012

Arkansas Estate Planning Basics, Little Rock Air Force Base

June 11, 2019

United States Air Force

Landlord Tenant Law Basics, St. Francis House, Little Rock

April 17, 2018

Guardianship: A Primer on Arkansas Law, Team Up Autism, Little Rock, Arkansas

May 29, 2015

Guardianship for Minors Transitioning Into Adulthood, Step Up Conference, Little Rock, Arkansas

October 11, 2013

Q. I have found more information about fathers rights but what about mothers rights? Who have legal custody of the child.

6 December 2019

A: I am not sure exactly what you are asking. Is there something specific that you are wishing to decide regarding your child or something that you are wanting to preclude the child's father from doing? As a general rule, the custodial parent has decision making authority over the child, including where the child lives, where the child attends school, religious practices of the child, and medical treatment for the child. The non-custodial parent will generally have visitation rights and the right to be informed of the condition of the child, including medical and school. The non-custodial parent usually has the right to access the child's medical and school records as well.

Q. What do you do if my boyfriend, who I have never married, keeps threatening to take my children?

4 November 2019

A: Under Arkansas law, the mother of children born outside of marriage automatically has legal custody of them. In order to obtain custody, a father would have to (1) establish paternity, (2) show that he has financially supported the children and maintained a relationship with them, and (3) show that an award of custody to him would be in the children's best interest. Without a court order giving him custody or visitation, a father of a child born outside wedlock has no rights. If you are sued by your ex for custody, you should speak to an attorney. You must also be mindful of any deadlines for filing a response to the lawsuit.

Q. My brother and I are listed as his and her on the deed to our land. The language doesn’t read right to survivorship.

30 October 2019

A: You may not have provided enough facts for a complete answer, but best I can tell your brother has passed away and the two of you jointly held property together as tenants in common. If you and your brother were the owner of property as tenants in common, upon his death his ownership rights in the property will pass on to his heirs (or anyone he names in a Will). If he had no children or spouse and if your parents have passed away, then you (and any other siblings your brother had) would be his closest heirs and would inherit the property. It would have to go through probate or, if your brothers estate is small enough, through a process known as an Affidavit for Collection of Small Estates. Hope this helps!

Q. My daughter is 17 and her dad has custody and now she wants to come live with me What do we have to do where she can?

29 October 2019

A: You would need to petition the court for change of custody. The petition would need to be filed in the county where the current court order is out of. Unless your ex agrees, you may not be able to change custody. In Arkansas, custody can only be changed (outside of agreement by the parties) where there has been a material change in circumstances in the custodial parent's home and where the change would be in the child's best interest. Although children, if old enough and mature enough, can have a say in where they live, they do not get to decide. The child's preference is only one factor the judge will consider. Hope this helps!

Q. If a bank account has a beneficiary, does that override a will?

25 October 2019

A: Generally, yes a valid beneficiary listed on a bank account (also sometimes known as a transfer on death TOD or pay on death POD designation) should remove that property from the account holder's probate estate and therefore the property is not transferable via Will. If the bank allowed your step-mom to remove funds from the bank account because she is the estate's executor, without looking at or following your father's TOD/POD designation, the bank may be liable. Also, your step-mom has a duty to return the funds. In order to obtain the funds from the bank account, your step-mother generally would have had to file a probate proceeding or an affidavit for collection of small estate (depending on the size of your father's estate). If she filed a full probate proceeding, depending on when this all occurred, the funds from the account may still be held by your father's estate (i.e. an account set up by your step-mom to hold funds belonging to your father's estate). Please note, I am an Arkansas attorney and any information provided specifically relates to Arkansas law.

Q. Does a noncustodial parent where no court order of custody is present have the right to request school records?

22 October 2019

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?

21 October 2019

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?

21 October 2019

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?

21 October 2019

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!