The reason is because I do not like the wording of the current trust.
answered on Nov 17, 2021
If it was never funded, unless there is something in the document or another document that compels you to fund it, then yes you can create a new trust. Depending on your situation and the language of the current trust, it may be able to be amended as well.
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answered on Nov 11, 2021
It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.
The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... View More 
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answered on Aug 17, 2021
More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.
My mother isn't listed as a beneficiary on my deceased father's ESOP, as stated by the company. Before he passed he told her that she was over everything. The company has not been very straightforward with us and she wants to try to challenge the beneficiary designation.Is there a certain... View More
answered on Aug 8, 2021
More information is needed in order to fully answer your question. However, if there is no beneficiary listed on the account, and the company has no policy to the contrary, then the assets would go into your father's probate estate and would need to be probated before they can be distributed... View More
answered on Jul 22, 2021
I think this will depend on two things. First, whether the law of your state (Arkansas) permits this in certain cases, and Second, whether the POA specifically permits this.
In my state of Louisiana, it specifically states that "self-serving gifts" must be specifically allowed... View More
I’m an only child and my mother is widowed/not remarried. She is a type 2 diabetic with chronic related health issues due to noncompliance with her meds and eating habits.
answered on Jul 18, 2021
A "Health-Care Power of Attorney" is what you need and it is specifically authorized in statute by most states. It should be HIPAA compliant, and cover any and all medical prodedures and contingencies.
A "Health Care Directive" or "Living Will" is a narrower... View More
How do i transfer the titles of her assets; homestead, bank accounts, etc. Some titles have transferred (automatically?) , but some have not. I thought probate court was avoided by having a rev. trust. Any help would be appreciated.
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answered on May 19, 2021
Assets that were in the trust when she died pass according to the terms of the trust. Assets that were not in the trust pass according to the terms of the will using the probate process. What you seem to have is a partially unfounded trust, which is less than ideal because it does not completely... View More
The home, in Poinsett County, is not in a safe area and the attorney that wrote the will already told us we need to remove anything valuable and put it in a safe place (people are already breaking in and stealing items). We would not be prematurely splitting assets - only moving them to a secure... View More
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answered on Jan 15, 2021
You have already obtained sound legal advice.
Power of attorney is the principles sister. She has completely gone above and beyond morally. Principle had surgery to see how far colon cancer has spread, he verbally told his daughter (a roommate) that her aunt will keep them posted about his surgery. Surgery was on 1/12/2021 and from that time... View More
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answered on Jan 14, 2021
You might have to go to court to have a guardian appointed for this individual. Guardianship will override (revoke) the power of attorney.
answered on Nov 20, 2020
Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.
My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... View More
answered on Nov 18, 2020
Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.
My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... View More
answered on Nov 18, 2020
Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.
My dad died almost a month ago without a will. His estranged wife isn't communicating with me about the affairs of his estate since we received death certificates. They were separated (not legally) and had not lived together for 5 years. His personal bank account was solely in his name and had... View More
answered on Nov 3, 2020
You need to open a probate. You will most likely need the court to render a decision on who gets the money and probably go through the discovery process to figure out what happened with the money. The small estate affidavit process does not work in contested matters. She may have already filed a... View More
Of paper work I need to fill out to if I was to die before she 18 to make sure she stays with my sister and not go to foster care.
THANK YOU VERY MUCH T HARVEY
answered on Sep 2, 2020
You could designate your sister as a preference for guardian for your daughter in a Will. If you need assistance in drafting a will or other estate planning documents feel free to reach out to me.
answered on Aug 24, 2020
I would keep an eye on any mail that comes in his name. Most likely they will mail him something at some point at which time you can contact them. Also look for any estate plans that he has in his home perhaps in a safe or filing cabinet. If he has an estate plan you can also try to contact the... View More
She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will
answered on Jul 23, 2020
First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... View More
My divorced mother died intestate, and my sister and I are her only heirs.
We have obtained her credit reports and determined that aside from one small collection, her only debt is the mortgage to the home we would inherit jointly had she made a will, as that had always been her intent.... View More
answered on Jul 10, 2020
If the mortgage is your mother's only debt and the value of her estate after the balance on the house note is subtracted equals $100,000 or less, then you should be able to file the small estate affidavit. However, be aware that if your intent is to sell the home, most title companies will... View More
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answered on Jul 3, 2020
It depends on whether you are concerned about your taxable estate, your probate estate or your non-probate estate. The answers are all usually quite different. In general, your taxable estate consists of everything you owned at the moment of your death plus things you gave away within three years... View More
answered on Jun 29, 2020
Whether the will needs to be probated depends on what was in your father's estate at the time that he died. If the estate had property that was only in his name and that did not have beneficiaries listed, then the will may need to go through the court process known at probate. If your... View More
My brother was a resident and died in Arkansas in 2014, leaving no known will. No wife or children. 3 siblings and one was appointed personal representative.He lives and works in Arkansas and bond was also waived. Have never been provided any documentation of estate, real estate property has been... View More
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answered on Jun 29, 2020
You definitely need your own attorney. The other attorney does NOT represent you.
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