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Questions Answered by Paul Dumas
2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

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... Read more »

Paul Dumas
Paul Dumas 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.

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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Arkansas on
Q: If my Mother and I purchased a piece of property can the original owner sell it again if I hold the original Deed?

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... Read more »

Paul Dumas
Paul Dumas 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... Read more »

1 Answer | Asked in Adoption for Arkansas on
Q: My husband of 6 years wants to adopt my daughter. Her biological father hasnt seen her in 8 years.

Does he even have Case to fight us?

Paul Dumas
Paul Dumas 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.

1 Answer | Asked in Estate Planning for Arkansas on
Q: My fiancé’s mother put my engagement ring on my deceased fiancé estate inventory, will I need to get a lawyer for this?

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.

Paul Dumas
Paul Dumas 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.... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: What would my best option be between getting emancipated or a transfer of guardianship?

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... Read more »

Paul Dumas
Paul Dumas answered on May 26, 2020

Sounds like you should pursue emancipation.

1 Answer | Asked in Estate Planning for Arkansas on
Q: 1) Land trust vs.Family Trust 2) Can property be deeded over?

The land is in Arkansas and is heir property.

Paul Dumas
Paul Dumas 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... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Can I remove my processions from my dads property before probate starts.
Paul Dumas
Paul Dumas 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... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: What are my legal rights when it comes to trespassing? The sheriff department tells me it's a civil matter

Person has been told to stay off property yet continues to trespass and attempts to alter my property

Paul Dumas
Paul Dumas 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... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: We have forested property in Arkansas that is in trust, has an easement on two properties going to our land.

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... Read more »

Paul Dumas
Paul Dumas 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,... Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: In my divorce can I ensure my son is not removed from his very good school and environment?

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.... Read more »

Paul Dumas
Paul Dumas 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... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: Bio Dad hasn’t seen my daughter in 14 months because of a order of protection. Can my husband adopt her? 10 years old.

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.

Paul Dumas
Paul Dumas 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... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: my grandfather recently passed away and I have not had contact with that side of family since my father passed 20 years

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

Paul Dumas
Paul Dumas 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... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Is there a time limit in Arkansas for filing for probate after a person dies and if so, what?

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.

Paul Dumas
Paul Dumas 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... Read more »

2 Answers | Asked in Estate Planning for Arkansas on
Q: If a bank account has a beneficiary, does that override a will?

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.

Paul Dumas
Paul Dumas 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... Read more »

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