Asked in Estate Planning for Arkansas

Q: If I'm an only child and my mother has already passed, and my dad is getting older. Does he need a Will?

Would like to not go through probate after he passes.

Related Topics:
2 Lawyer Answers

Brandon M Haubert

PREMIUM
Answered
  • North Little Rock, AR
  • Licensed in Arkansas

A: If you are an only child you will inherit under law. Only meaning the only child your father ever had. Not the only child still alive. You may want consult with a lawyer on ways to avoid probate.

Ben F Meek III agrees with this answer

1 user found this answer helpful

Ben F Meek III

Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: Mr. Haubert is right that you will inherit all of your father's property if you are his sole heir. Your father may have inherited all of your mother's property, depending on several things. He can leave everything of his to you if he wants. A will is one way to do that. If he owns real property, like a house or a piece of land, a probate proceeding will have to be filed in order to pass ownership to you after he dies, with or without a will, unless he makes you a co- owner while he's alive or takes other steps. You should talk to an estate planning attorney in your area and answer all of his or her questions. They can guide your father towards the succession plan he wants. It doesn't have to be complex or expensive. Many offer free initial consultations. Good luck.

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.