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Arkansas Probate Questions & Answers
1 Answer | Asked in Probate for Arkansas on
Q: My husband died and I need to become owner of his estate he owns he had no will no children what do I do to get it done.
Anthony M. Avery
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answered on Feb 27, 2024

You are definitely a heir and a next of kin of your Husband, and possibly the sole heir. Consult with an AR attorney to determine heirship. An affidavit of heirship might need to be recorded as a source of title, or assist in transferring car titles. Hopefully you will not need Probate to get... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Arkansas on
Q: How do I get my grandmother's will probated after 2 years because my family will not do it

There are a lot of details and it's because of the corruption in the town and my family members

James L. Arrasmith
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answered on Jan 14, 2024

To initiate the probate process for your grandmother's will after a delay, you can file a petition with the probate court in the county where your grandmother resided at the time of her passing. This action can be taken even if other family members are reluctant or refuse to do so.

In...
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1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: My father passed away in Texas, but had land in Arkansas. How do I get that land in our name? What form do we need?

My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More

Anthony M. Avery
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answered on Jan 11, 2024

If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More

1 Answer | Asked in Family Law, Civil Litigation, Constitutional Law and Probate for Arkansas on
Q: I have a question about my property being released to estranged family, while my truck impounded.

A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were... View More

James L. Arrasmith
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answered on Dec 4, 2023

In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If... View More

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: How does the court appointed administrator for an estate get paid? Does it come out of estate money?

I am the general administrator but the judge is hiring an estate administrator. Does the appointed lawyer get paid by the state or the decedent's estate?

James L. Arrasmith
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answered on Nov 18, 2023

In Arkansas, when a court appoints an estate administrator, typically a lawyer, their compensation is usually paid out of the estate's funds. This means that the payment for their services comes from the assets within the deceased's estate, not from the state.

The amount an...
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1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: What needs to be done to get clear title to property with defective deed.

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have... View More

Anthony M. Avery
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answered on Aug 21, 2023

A conveyance to a family member with a correct legal description based upon adverse possession with color of title might work to get it sold later. You need a good lawyer, not a title company. Keep in mind your title is not going to be perfect as the correction deed should have been executed... View More

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: Is a heir responsible to grant a first right of refusal her deceased relative made before their death?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... View More

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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My friend's mother died without a will. She is an only child. What does she need to do to have the deed put in her name?

My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.

Ryan Zapalac
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Ryan Zapalac
answered on May 23, 2023

Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Mom passed away 2019.I bought & occupied home from her & took over mtg pmts 2006.Never transferred ownership.What to do?

My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... View More

Nina Whitehurst
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answered on Jan 18, 2023

Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: In Ark if property owned Jointly no will and one dies, dose the other get full owernship or does 2/3 go to children

both have adult children from other marriages

Anthony M. Avery
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answered on Mar 1, 2024

Hire an AR attorney to search the title and determine heirship, possibly recording an Affidavit of Heirship.

1 Answer | Asked in Probate for Arkansas on
Q: What do I need to do to file a formal complaint with the executor of my father's estate?

He is showing partial treatment to my brother will not answer any of our questions will not return our calls or any attempts to get in contact with him and hasn't been out to the estate to do an inventory and hasn't paid the taxes yet on part of the property

Anthony M. Avery
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answered on Feb 7, 2024

Someone with standing needs to Move the probate Court To Remove the Fiduciary For Cause, with an accounting of all Estate Assets. Hire an AR attorney.

1 Answer | Asked in Probate for Arkansas on
Q: In AR, can a will be contested in ancillary proceedings if the decedent owns property in AR, but resided in other state?

The decedent owned property in Arkansas, but was a resident of CA and died in CA. Can the will be contested in ancillary court proceedings in AR?

Anthony M. Avery
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answered on Oct 20, 2023

No.. The will contest always has to be at the Probate Court that accepted the document as the Will, in this case CA.

1 Answer | Asked in Probate for Arkansas on
Q: A probate case was opened in 2019 and there was a creditor claim made agains the estate the lien expired Jan 2021

We are now working to settle. Since 10 years has now passed on the Judgment and it has not been renewed can they still collect even though it is expired ? Or does them making a timely claim overrule?

Anthony M. Avery
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answered on Oct 10, 2023

Making the timely claim should perfect their lien and estate claim. However you can object to the claim on the SOL ground, and it is up to the claimant to convince the Court otherwise. You will need an AR attorney to argue the contested claim.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Arkansas. My mother signed a beneficiary deed but we couldn't get it notorized and filed due to it being the weekend.

She did not have a will. can this be used as a will.

Anthony M. Avery
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answered on Sep 11, 2023

It is doubtful the so called beneficiary deed has the language and execution requirements of an AR Will. Consult with an AR attorney, but Mother's heirs probably take real property as tenants in common if more than one.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: AR probate, zillow claims house is 126000 which is over the small estate limit. Can an appraiser claim its less

My mother passed with a beneficiary deed that wasn't filled. Her house was intended to go to me. theres no exexcutor, i am acting on her behalf. zillow states the value is 126,000. can an appraiser be used to devalue the house below the 100,000 limit of Arkansas small estate probate limits to... View More

Anthony M. Avery
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answered on Sep 11, 2023

Administrator can value Estate assets. An appraiser's value is just his opinion. If the Probate Judge does not like it, he will let him know, and then regular Probate will be required.

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: An acquaintance passed away back in December with no heirs. Can anyone purchase his house and truck from the state?

Home grown up and really not livable, brand new truck still on drive. Is truck up for sale with property and who do I talk to about purchasing it all

Anthony M. Avery
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answered on Aug 25, 2023

What does the State have to do with it? Search the title and start asking around about who his heirs and next of kin is. They are the owners at his death unless he had a probated Will.

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1 Answer | Asked in Probate for Arkansas on
Q: Can you get a letter of or appointment of representation without filing probate?
Anthony M. Avery
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answered on Aug 2, 2023

Letters of Administration do not issue until a Probate Case is filed.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Deceased dad's & his girlfriend's names are on a deed to property they bought together 3 years before he passed. No will

Dad passed in 2015. Girlfriend has contacted me this week wanting me to sign a quitclaim deed so she can sell this property. Do I have any rights to my Dad's portion of this property? Would the deed say heirs on it.? Right now the county tax accessors has it listed with her name- and his hame... View More

Anthony M. Avery
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answered on May 5, 2023

Hire a competent AR attorney to at least read the Deed. It is very possible that you own an one/half undivided interest as a tenant in common. But someone needs to determine the title. If you are one of the two owners, then agree to the sale and do not sign a Deed until you are paid half the... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: In Arkansas, what is the easiest and cheapest legal way to get a person off a deed who’s not supposed to be on the deed?

I live in Michigan.

In Arkansas, my brother and I inherited land from my deceased father. Using a lawyer, he had purchased land from relatives using quit claim deeds.

However, to save money, he used a Bill of Sale to purchase land from one relative. This relative is still... View More

Anthony M. Avery
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answered on Apr 13, 2023

Bill of Sale is not a conveyance. Suing for Specific Performance will cost some money. Call AR attorneys who handle property litigation. A Partition suit is probably your best option, and hopefully the lawyers can get paid from sale proceeds.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My dad passed away without a will,not married ,and I'm the only child his girlfriend will not give me his things?
Anthony M. Avery
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answered on Mar 27, 2023

What did your Father die owning? You are probably the Heir and Next of Kin, but if there is little property, then Administrating his Estate with Letters is a waste of time. If there is property, hire a competent AZ attorney to represent you.

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