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 Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... View More
answered on Nov 18, 2020
Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... View More
Does he even have Case to fight us?
answered on Jun 28, 2020
If your husband can successfully prove “abandonment” as defined in the Arkansas Code, the Court may grant a petition for adoption of his stepdaughter. You should consult an attorney knowledgeable in this area of law.
Will I need to get a lawyer for this matter if she takes me to court? My fiancé bought it for me and if he would have lived we would be married.
answered on Jun 23, 2020
If it’s listed in the inventory, the executor is telling the court it’s owned by the estate. If you believe it belongs to you a claim must be filed so the court will be aware of the issue. There are strict deadlines that must be met or you will lose the ring to the estate permanently.... View More
I’m 17 (will be 18 in October) and completely finished with high school. I’m enrolled in college. I have a full time job and my house is almost completely finished for me to move into. My aunt has legal guardianship of me. Due to personal reasons, I no longer wish to be under her roof and wish... View More
The land is in Arkansas and is heir property.
answered on May 14, 2020
If the real property (land) in Arkansas is “heir” property, the most common understanding of that term is that title to the land is still held by a person who is deceased. For whatever reason, no type of probate, or other proceeding, ever conveyed or transferred title to the property into the... View More
answered on Apr 25, 2020
It depends. If you have documentation showing proof of ownership, and if you are confident an Arkansas probate judge would rule that you own the items. But be absolutely certain you can prove not only your ownership, but that you owned the property prior to the decedent’s death, and that no... View More
Person has been told to stay off property yet continues to trespass and attempts to alter my property
answered on Mar 15, 2020
It sounds like the dispute you're describing is with your neighbor who owns land that borders yours. If so, and the situation can't be resolved, you will have to file an action in circuit court requesting an order confirming the exact location of the property lines in dispute. These... View More
The same easement is recorded on our deed and the other two deeds. My father was unable to drive the last 10-12 years and was unable to go to the property. Other family members did not travel to property either. The two property owners where easement is assigned going to our property have the road... View More
answered on Mar 14, 2020
Your situation is not uncommon and the answer depends on many factors. Among the most important considerations are the type of easements held by each landowner, whether the roadway at issue is the only egress and ingress onto the property, the length of time the roadway has been in existence,... View More
My wife and I are getting a divorce and she has eluded to taking our son out of state to be near her family. However we moved him to Arkansas, where my family lives. We made this move because his education plan needs were not being met. The reason for this move to Arkansas has been well documented.... View More
answered on Mar 14, 2020
Your situation requires careful planning and a working knowledge of Arkansas custody and visitation law. When it comes to moving a child out of state, Arkansas law has certain presumptions about the benefits to the child of moving away, and which parent carries the burden of proving that such a... View More
He agreed to the order. He got arrested for felony stalking his wife. He has 5 other orders of protection. He has gone to rehab twice in the past 3 years for drug and substance abuse problems.
answered on Mar 13, 2020
While your question is about adoption, in Arkansas you first have to address termination of parental rights, in this case the father’s. Under Arkansas law, besides death, there are only two ways a parent’s rights can be terminated. First, if they sign a written Consent that meets the... View More
how do I find out if im in the will or if there is one and so forth, also i live in a different state and have married name
answered on Mar 11, 2020
File a “Demand for Notice of Probate” with the Probate Clerk’s office for the county in Arkansas where he was a resident at the time of his death. If and when a probate estate is opened for him, provided your “Demand” is filed correctly, Arkansas law requires that you be notified that... View More
My step-mother died 11 years ago and I am now being asked to file her will so that a probate process can be initiated. This sounds "iffy" to me.
answered on Dec 20, 2019
In Arkansas you have five years from the date of death of the decedent to Open a probate estate for the deceased individual and to file their will for probate. After the five year deadline has expired, You can no longer file the will for a regular probate proceeding. After the expiration of the... View More
My father left one account with his child as beneficiary when he passed. It was only in his name. His wife emptied it. She is named as the executor of his estate in his will.
answered on Nov 23, 2019
Assuming your father’s account was with a financial institution and was a non-retirement account, if he designated his child as the beneficiary of the account by naming the child as his Payable On Death (POD) Beneficiary, the account would be immediately vested in the child’s name upon the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
