Asked in Estate Planning and Probate for Arkansas

Q: Keep it out of probate?

If mom was to put my name on her property and she has no will, will this keep my siblings from going and filing a probate on the property if she passes. My siblings want to section up her land and I'm trying to keep that from happening.

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1 Lawyer Answer
Patrick R. Lee
Patrick R. Lee
  • Estate Planning Lawyer
  • Licensed in Arkansas

A: Your mother can do whatever SHE wants to do with her property before her death. If that means she wants to deed it to you, she can. I don't know anything about your mother, but if she no longer has the capacity to make a will and could be considered "incapacitated" (she doesn't understand the world around her well enough to make informed decisions about her own care and her property) then she can't deed anything to you.

I'd consult privately with an attorney about your situation before doing anything.

1 user found this answer helpful

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