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Arkansas Probate Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: My parents died without a will and only survivers are my sister and i. She is willing to give me the real property left

By my parents how do i go about getting the deed in my name.. there is nothing owed on the property

Anthony M. Avery
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answered on Sep 20, 2024

Hire a competent AR attorney to search the title, then draft an Affidavit of Heirship and a Quit Claim Deed. Do not try to do this yourself.

1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

1 Answer | Asked in Probate for Arkansas on
Q: What are my options when dealing with siblings who are not responding concerning the estate of our deceased father?

Met my father at the age of 50 in July 2019. I have a half-sister and stepsister that I did not meet until our father's funeral January 2023. They did not desire to meet me. I was told by my half-sister that our father was a hoarder and Hazmat would need to come in and clean the house. She... View More

Anthony M. Avery
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answered on May 30, 2024

Hire an AR attorney to search Father's title. I f you are an heir, and there is enough value/equity involved, then file suit for a Sale For Partition.

1 Answer | Asked in Probate for Arkansas on
Q: How do I contest a heirship affidavit in Arkansas. There is no will. All the deceased brothers are deceased.

I am the daughter of one of the brothers, the niece of deceased. The filers where not adopted as far as I know and two are step great nieces and nephews.

Anthony M. Avery
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answered on Apr 30, 2024

If no Probate, then you will need an AR attorney to file a Declaratory Judgment Action.

1 Answer | Asked in Estate Planning, Probate and Personal Injury for Arkansas on
Q: What kind of will does one need who has mesothelioma

My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: In Ark if property owned Jointly no will and one dies, dose the other get full owernship or does 2/3 go to children

both have adult children from other marriages

Anthony M. Avery
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answered on Mar 1, 2024

Hire an AR attorney to search the title and determine heirship, possibly recording an Affidavit of Heirship.

1 Answer | Asked in Probate for Arkansas on
Q: My husband died and I need to become owner of his estate he owns he had no will no children what do I do to get it done.
Anthony M. Avery
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answered on Feb 27, 2024

You are definitely a heir and a next of kin of your Husband, and possibly the sole heir. Consult with an AR attorney to determine heirship. An affidavit of heirship might need to be recorded as a source of title, or assist in transferring car titles. Hopefully you will not need Probate to get... View More

1 Answer | Asked in Probate for Arkansas on
Q: What do I need to do to file a formal complaint with the executor of my father's estate?

He is showing partial treatment to my brother will not answer any of our questions will not return our calls or any attempts to get in contact with him and hasn't been out to the estate to do an inventory and hasn't paid the taxes yet on part of the property

Anthony M. Avery
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answered on Feb 7, 2024

Someone with standing needs to Move the probate Court To Remove the Fiduciary For Cause, with an accounting of all Estate Assets. Hire an AR attorney.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Arkansas on
Q: How do I get my grandmother's will probated after 2 years because my family will not do it

There are a lot of details and it's because of the corruption in the town and my family members

James L. Arrasmith
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answered on Jan 14, 2024

To initiate the probate process for your grandmother's will after a delay, you can file a petition with the probate court in the county where your grandmother resided at the time of her passing. This action can be taken even if other family members are reluctant or refuse to do so.

In...
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1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: My father passed away in Texas, but had land in Arkansas. How do I get that land in our name? What form do we need?

My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More

Anthony M. Avery
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answered on Jan 11, 2024

If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More

1 Answer | Asked in Family Law, Civil Litigation, Constitutional Law and Probate for Arkansas on
Q: I have a question about my property being released to estranged family, while my truck impounded.

A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were... View More

James L. Arrasmith
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answered on Dec 4, 2023

In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If... View More

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: How does the court appointed administrator for an estate get paid? Does it come out of estate money?

I am the general administrator but the judge is hiring an estate administrator. Does the appointed lawyer get paid by the state or the decedent's estate?

James L. Arrasmith
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answered on Nov 18, 2023

In Arkansas, when a court appoints an estate administrator, typically a lawyer, their compensation is usually paid out of the estate's funds. This means that the payment for their services comes from the assets within the deceased's estate, not from the state.

The amount an...
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1 Answer | Asked in Probate for Arkansas on
Q: In AR, can a will be contested in ancillary proceedings if the decedent owns property in AR, but resided in other state?

The decedent owned property in Arkansas, but was a resident of CA and died in CA. Can the will be contested in ancillary court proceedings in AR?

Anthony M. Avery
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answered on Oct 20, 2023

No.. The will contest always has to be at the Probate Court that accepted the document as the Will, in this case CA.

1 Answer | Asked in Probate for Arkansas on
Q: A probate case was opened in 2019 and there was a creditor claim made agains the estate the lien expired Jan 2021

We are now working to settle. Since 10 years has now passed on the Judgment and it has not been renewed can they still collect even though it is expired ? Or does them making a timely claim overrule?

Anthony M. Avery
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answered on Oct 10, 2023

Making the timely claim should perfect their lien and estate claim. However you can object to the claim on the SOL ground, and it is up to the claimant to convince the Court otherwise. You will need an AR attorney to argue the contested claim.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Arkansas. My mother signed a beneficiary deed but we couldn't get it notorized and filed due to it being the weekend.

She did not have a will. can this be used as a will.

Anthony M. Avery
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answered on Sep 11, 2023

It is doubtful the so called beneficiary deed has the language and execution requirements of an AR Will. Consult with an AR attorney, but Mother's heirs probably take real property as tenants in common if more than one.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: AR probate, zillow claims house is 126000 which is over the small estate limit. Can an appraiser claim its less

My mother passed with a beneficiary deed that wasn't filled. Her house was intended to go to me. theres no exexcutor, i am acting on her behalf. zillow states the value is 126,000. can an appraiser be used to devalue the house below the 100,000 limit of Arkansas small estate probate limits to... View More

Anthony M. Avery
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answered on Sep 11, 2023

Administrator can value Estate assets. An appraiser's value is just his opinion. If the Probate Judge does not like it, he will let him know, and then regular Probate will be required.

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: An acquaintance passed away back in December with no heirs. Can anyone purchase his house and truck from the state?

Home grown up and really not livable, brand new truck still on drive. Is truck up for sale with property and who do I talk to about purchasing it all

Anthony M. Avery
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answered on Aug 25, 2023

What does the State have to do with it? Search the title and start asking around about who his heirs and next of kin is. They are the owners at his death unless he had a probated Will.

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1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: What needs to be done to get clear title to property with defective deed.

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have... View More

Anthony M. Avery
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answered on Aug 21, 2023

A conveyance to a family member with a correct legal description based upon adverse possession with color of title might work to get it sold later. You need a good lawyer, not a title company. Keep in mind your title is not going to be perfect as the correction deed should have been executed... View More

1 Answer | Asked in Probate for Arkansas on
Q: Can you get a letter of or appointment of representation without filing probate?
Anthony M. Avery
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answered on Aug 2, 2023

Letters of Administration do not issue until a Probate Case is filed.

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: Is a heir responsible to grant a first right of refusal her deceased relative made before their death?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... View More

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