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Arkansas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My father passed away last month. He has both a will and a family trust. My mom becomes the exectrix of the

will and is trustor of the trust. Do we need to file anything with the state?

Brandon M Haubert
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Brandon M Haubert
answered on Mar 14, 2017

You might. It will depend on what your father owned and how it was titled. If he owned it in his name and his name alone with no beneficiary designation, then you may need to open a probate.

1 Answer | Asked in Estate Planning and Wrongful Death for Arkansas on
Q: I'm a heir to a wrongful death claim and I didn't sign my waiver and consent form. What happens next?
Peter N. Munsing
Peter N. Munsing
answered on Sep 8, 2016

You should consult an attorney if you aren't being represented by one. Look for a member of the Arkansas Trial Lawyers Association--they give free consultations.

1 Answer | Asked in Estate Planning for Arkansas on
Q: My dad remarried under 2 yrs prior to passing. Because he leaves a wideo, does she trump his 2 living aires ?

His aires 1 son & 1 daughter. The widow never filed his will. Because dad was a perfectionist, and was specific in wanting to leave his home to his children and grandchildren as the on going family home, it was deceit for the widow to withhold registering his will in court. Does these... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 7, 2015

The word is "heirs". If there is a will, she doesn't have a choice whether or not it is filed in court. It is not clear what interest you have in the matter, but if they can prove that there was a will leaving the home to him, the children should insist that the will be honored and... View More

1 Answer | Asked in Estate Planning for Arkansas on
Q: Can an executor buy the personal property of the deceased without consulting the heirs? (Assume he set his own price.)
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 27, 2015

If you are one of the heirs, you can probably contest this with the court which appointed the executor.

1 Answer | Asked in Estate Planning for Arkansas on
Q: After responding to a complaint, how long before case is dismissed if plaintiff does nothing to proceed?

We have agreed to try and reconcile, but atty told hubby (plaintiff) that he shouldn't dismiss the case yet. Does he HAVE. To proceed, or will the case be dismissed after a certain time frame?

June Ann Anteski
June Ann Anteski
answered on Feb 24, 2013

It sounds like your busband needs to tell his attorney that he wants to dismiss the case. His attorney should do what his client requests. Good luck.

1 Answer | Asked in Estate Planning for Arkansas on
Q: In Arkansas, can the Executor of the Estate pay himself out of the estate for performing these duties?
June Ann Anteski
June Ann Anteski
answered on Feb 24, 2013

Yes, the executor can file a petition to pay himself for his services in handling the estate. The Judge will need to approve the petition. A receipt should be filed also showing that payment has been made and accepted. Good luck.

1 Answer | Asked in Estate Planning for Arkansas on
Q: Is a self written will legal in Arkansas
Wade Allan Williams
Wade Allan Williams
answered on Feb 21, 2012

Yes. A self written will can be valid in Arkansas provided it follows the statutory requirements. In these days and times, a self written will could include the traditional holographic will, which is hand written, or a will that the testator creates and prints from their computer. Either can be... View More

1 Answer | Asked in Estate Planning for Arkansas on
Q: CAN A FAMILY APPOINT AN EXECUTOR WITHOUT GOING TO PROBATE?
Wade Allan Williams
Wade Allan Williams
answered on Feb 21, 2012

The appointment of an executor in Arkansas is a function of the Court in the probate proceeding. An individual's will can nominate the preferred personal representative, and the beneficiaries of an estate can enter into a family settlement agreement that may address the personal... View More

1 Answer | Asked in Estate Planning for Arkansas on
Q: My Mom die she has no will how doe the law in arkansas work for this? there is me sis and half bro. he has a child?

My half Bro. is dead.

Robert Fahr
Robert Fahr
answered on Jul 16, 2011

If a person dies with no Will and has assets in Arkansas then those assets would be subject to division according to Arkansas law. In general the assets would be divided between the person's children and the person's spouse. Unless a step-child is adopted by the person, they are usually... View More

1 Answer | Asked in Estate Planning for Arkansas on
Q: Does arkansas have death estate tax?
Robert Fahr
Robert Fahr
answered on Jul 16, 2011

Arkansas does not have a state estate tax. An estate may owe federal estate taxes depending upon the type of assets and size of the estate. An estate may also have to pay federal and state income taxes on income after the death, until the estate has been settled. This is a general answer and may... View More

1 Answer | Asked in Estate Planning for Arkansas on
Q: How long does the bond last in a trust?
Robert Fahr
Robert Fahr
answered on Jul 16, 2011

Without more information it may not be possible to answer your question. If you are referring to a fiduciary bond that may be required of the Trustee to protect trust assets, that is typically renewed annually. If you are referring to a bond held in the trust, then it depends on the type of bond,... View More

1 Answer | Asked in Estate Planning for Arkansas on
Q: In the state of AR. Can I intentionally leave a child out of my will

If you have additional details about your question fill them here

Robert Fahr
Robert Fahr
answered on Jul 16, 2011

In general, if you have a child and you don't mention that child in your Will then that child may claim their statutory share of your estate. If you intend to disinherit a child then you must mention that child in your Will and you should state you intent to disinherit them. This is why it... View More

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