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answered on Jul 3, 2020

It depends on whether you are concerned about your taxable estate, your probate estate or your non-probate estate. The answers are all usually quite different. In general, your taxable estate consists of everything you owned at the moment of your death plus things you gave away within three years... View More

Whether the will needs to be probated depends on what was in your father's estate at the time that he died. If the estate had property that was only in his name and that did not have beneficiaries listed, then the will may need to go through the court process known at probate. If your... View More

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answered on Jun 29, 2020

You definitely need your own attorney. The other attorney does NOT represent you.

If it’s listed in the inventory, the executor is telling the court it’s owned by the estate. If you believe it belongs to you a claim must be filed so the court will be aware of the issue. There are strict deadlines that must be met or you will lose the ring to the estate permanently.... View More

Probate is a court process that allows property to transfer to an heir or beneficiary after someone dies. A deed to land can be issued by the personal representative during the probate process. If you would like to talk about your case to determine whether probate is needed in your situation,... View More

If your son was not named a Successor Trustee, then you would need to amend the Trust. It is highly recommended that you seek legal advice to make this change correctly. If you are only changing a Trustee, most estate planning attorneys would likely make that change relatively cheap.

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answered on May 25, 2020

The lien will affect your ability to obtain financing to build. The lender will require that the lien be released.

Also, if you don't pay off the lien, the lienholder can foreclose its lien, thus eliminating your ownership of the property.

Finally, if you need to grant any... View More

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... View More

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answered on Apr 27, 2020

It sounds like a probate case has been opened and your husband's aunt has been appointed as executor. It is not unusual for estate property to be sold but for the distribution to take place much later to allow time to sort through and pay creditor claims. However, if the estate is in fact... View More

File a “Demand for Notice of Probate” with the Probate Clerk’s office for the county in Arkansas where he was a resident at the time of his death. If and when a probate estate is opened for him, provided your “Demand” is filed correctly, Arkansas law requires that you be notified that... View More

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answered on Mar 8, 2020

That is one of many problems with online estate planning systems. Do yourself and your loved ones a huge favor and hire an experienced estate planning attorney to create an estate plan customized to your wants and needs.

Only he can convey out his interest in the real estate.

Generally, yes a valid beneficiary listed on a bank account (also sometimes known as a transfer on death TOD or pay on death POD designation) should remove that property from the account holder's probate estate and therefore the property is not transferable via Will. If the bank allowed your... View More

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answered on Oct 22, 2019

Yes, but only after they have followed the correct lawful processes for providing notice to the renter. It is possible that your husband bought the contents at auction, but that is pure speculation. You should contact a local consumer affairs attorney for advice on your specific situation.

Did the original trustee step-down? If so, he should state his resignation in writing. The terms of the trust will then dictate who the next trustee is. If the original trustee refuses to step-down then court action may be necessary to force his removal.

You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.

You should speak to a lawyer about the debts owed and... View More

It depends on whether the deceased spouse had any children. It also depends on how each piece of property is titled. Real estate may be titled such that it passes automatically to the survivor. Bank accounts may have payable on death beneficiaries.

You probably need to consult with an... View More

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... View More

Under the law in Arkansas, she would be entitled to a life estate in a third of the real property, and one third of the personal property. She does not have a right to all of it. To sort this out, you'll have to file a petition for probate, where someone will be appointed personal... View More

The rent is due whenever his lease agreement with the RV park says its due. Doesn't matter why it's late. I would try and reason with the RV park. Obviously your dad is going to get a check every month if he's receiving Social Security disability, so there's no danger of him... View More