Harrison, AR asked in Real Estate Law for Arkansas

Q: My stepmom signed a disclaimer to any and all of my deceased fathers assets.

There is a trust done as well and we thought the last two houses would be included in that trust. The lawyer found that her name is on the last two houses on the deeds. He says she now owns them outright. They also had an agreement when the houses sell, then my dad got back any and all money he put in the house. He was the one that paid for the house and the expense of renovations. When the house sells they split the profits. This was just a mutual agreement, with nothing signed to this fact. We would like to know with the signed disclaimer would this take any rights she has to these properties? She has signed a disclaimer, release and waiver of rights a month after they were married. She has always said that my father's things should go to his kids. My older brother and sister are guarantor of the trust. Do we have any legal rights to get these last two houses back into the trust. We plan on honoring their agreement on the those last two houses. This has caused some tension.

Related Topics:
1 Lawyer Answer
Don Spears
Don Spears
  • Benton, AR
  • Licensed in Arkansas

A: The attorney handling your father's estate should be able to advise you on this. He is correct that, if your dad and stepmom's names were on the deed and they were married, the real estate now belongs to her solely. You should ask your attorney about drawing up some kind of family settlement agreement which would describe in detail the settlement so that all heirs are happy with it.

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.