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.

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2 Lawyer Answers

Brandon M Haubert

  • 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

  • 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.

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