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I'm completing an Arkansas Beneficiary deed and want to list the grantees as tenancy in common with unequal shares, specifically 90% and 10%. Is it legal to distribute the proceeds of a sale in this manner using a Beneficiary deed?
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answered on Mar 29, 2025
Hire an AR attorney to draft such a deed. But you will want the granting clause to convey 9/10 & 1/10 to the tenants in common, not percentages.
A woman added her husband's cousin/neighbor as a caretaker to her bank accounts and later deeded her estate to the caretaker. After the woman's death following her forced removal by her sister, the sister falsified claims of undue influence and falsified documents. The sister's... View More 
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answered on Apr 11, 2025
This situation sounds incredibly difficult, especially when grief, family conflict, and legal matters all collide. In Arkansas, the court will focus on evidence of the woman’s mental capacity at the time she made the decisions about her estate. If the caretaker has medical records, signed... View More
My mother-in-law, who resided in Arkansas, recently passed away, and my husband is listed as the Trustee of her family trust. The trust was originally established by her late husband in 2000 and is a revocable trust. She also had a last will and testament, which states that everything should be... View More
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answered on Mar 10, 2025
When your mother-in-law passed, the trust became irrevocable. Consequently, you do need to obtain a tax id number for the trust.
I recently discovered that my stepmother omitted me and my sibling, the first and second born children of my deceased father, from her obituary announcements and estate matters. She managed to leave my father's homestead to her adopted son after my father passed away. Unfortunately, we were... View More
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answered on Feb 20, 2025
Hire an AR attorney to advise and represent you on this.
I filed a police report because my sister took a safe containing personal items, including a firearm valued at $2,500 or less, from my parent's place, which is now in probate. The police are aware she took it, and she admitted to them that she did. I informed them about the firearm, which... View More
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answered on Feb 14, 2025
Either the fiduciary or the beneficiaries must file a demand for the assets to be marshalled up by the fiduciary or a Court appointed fiduciary if the sister is removed. Probably all parties are tenants in common, so no crime was committed.
my father passed away in his will it states that my step mother can live in the family home until 1. she remarried 2. passed away or she could sell the home but would have to pay his 5 children what the home brought. She has lived in the home for 11 years till one week ago the home caught fire she... View More
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answered on Feb 3, 2025
Was the will filed for Probate? If not, it means nothing and heirs own. If Probated, then the Devisees would have to file suit for an injunction against sale and equitable enforcement of the Will Devise. Just a Lot is not worth alot so filing suit for Partition now might be the best route.... View More
By my parents how do i go about getting the deed in my name.. there is nothing owed on the property
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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.
He ended up passing away during The Visit that day ignored the PO.A
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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
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
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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.
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.
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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.
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
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
both have adult children from other marriages
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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.
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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
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
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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.
There are a lot of details and it's because of the corruption in the town and my family members
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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... View More
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
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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
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
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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
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?
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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... View More
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?
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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.
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?
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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.
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