Richmond, CA asked in Estate Planning for Arkansas

Q: 1) Land trust vs.Family Trust 2) Can property be deeded over?

The land is in Arkansas and is heir property.

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1 Lawyer Answer
Paul Dumas
Paul Dumas
  • Estate Planning Lawyer
  • Morrilton, AR
  • Licensed in Arkansas

A: 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 proper person(s) or entity who should have received it. Some type of court proceeding will be required to legally vest title into the proper person(s) or entity that is entitled to its ownership. Without completing that process, no conveyance of any type can ever be legally accomplished. If the appropriate proceeding is completed, title to the property will be vested, and can then be conveyed to any person or entity (such as a trust) that the owner(s) desire. You should contact an Arkansas attorney who is knowledgeable and experienced in handling this type of matter. My firm has handled these types of cases for over two decades. Each one is unique and requires an in depth knowledge of Arkansas law.

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