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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 
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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
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answered on Aug 2, 2023
Letters of Administration do not issue until a Probate Case is filed.
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
My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.
answered on May 23, 2023
Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need... View More
Dad passed in 2015. Girlfriend has contacted me this week wanting me to sign a quitclaim deed so she can sell this property. Do I have any rights to my Dad's portion of this property? Would the deed say heirs on it.? Right now the county tax accessors has it listed with her name- and his hame... View More
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answered on May 5, 2023
Hire a competent AR attorney to at least read the Deed. It is very possible that you own an one/half undivided interest as a tenant in common. But someone needs to determine the title. If you are one of the two owners, then agree to the sale and do not sign a Deed until you are paid half the... View More
I live in Michigan.
In Arkansas, my brother and I inherited land from my deceased father. Using a lawyer, he had purchased land from relatives using quit claim deeds.
However, to save money, he used a Bill of Sale to purchase land from one relative. This relative is still... View More
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answered on Apr 13, 2023
Bill of Sale is not a conveyance. Suing for Specific Performance will cost some money. Call AR attorneys who handle property litigation. A Partition suit is probably your best option, and hopefully the lawyers can get paid from sale proceeds.
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answered on Mar 27, 2023
What did your Father die owning? You are probably the Heir and Next of Kin, but if there is little property, then Administrating his Estate with Letters is a waste of time. If there is property, hire a competent AZ attorney to represent you.
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answered on Mar 17, 2023
Probably not unless you can show the Court that it lacks subject matter jurisdiction in the first place. An ancillary administration might be needed.
My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... View More
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answered on Jan 18, 2023
Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.
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answered on Oct 3, 2022
Decedent's Assets are owned by his Heirs At Law (real property) and Next Of Kin (personal property). Probably need an AR attorney to search the title and advise who owns what.
Person lived with partner for 14 years but never married.
answered on Aug 15, 2022
More details would be needed because this is not a clear cut answer. I can say Arkansas does not recognize common law marriage. However, I wouldn't give up just yet. It depends on when the property was acquired (during the 14 years or after). Did your partner have a will? Do your partner have... View More
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answered on Apr 26, 2022
If he dies with you still being his spouse, then you are a Heir and Next of Kin. No responsibilities, just rights as the surviving spouse.
Hi my grandmother passed away back in 1993. My father her eldest son moved in her home and lived there for 24-25 yrs until his death in 2014. He never probated property due to being unable to locate her will. However, the whole time he lived on property he did perform upgrades by adding a pond and... View More
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answered on Apr 11, 2022
You will need to hire an attorney to determine Heirship as the Heirs own the land a Tenants In Common. Then an Affidavit of Heirship will need to be recorded. And someone still needs to pay taxes.
Will was created with a trust to be established and a bank named as trustee due to possible mental capabilities of only child. However full financial POA was given to only child 12 years after said will was created but never introduced to the courts. POA was registered with circuit court clerk... View More
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answered on Apr 1, 2022
It is not possible to give you definitive answers without reviewing the actual instruments to which you refer. Sometimes people mischaracterize documents because they do not understand what they actually are.
As a general rule, however, POAs expire at the death of the principal, and... View More
My aunt sold me her house in 2016, but still lived in it until her death this year. Do the household items need to be probated or are they mine since I’ve owned the house since 2016?
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answered on Jan 26, 2022
Contents of a house are separate from the house. IF your aunt still owned the contents when she died, then they are part of her probate estate.
I put "IF" in capital letters because that is a missing fact. Did she own them? Or did she sell them to you with the house? You... View More
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answered on Nov 29, 2021
You can petition to be appointed as executor of the estate yourself. A probate attorney can help you with this.
I was supposed to receive an inheritance. My mother claims that I cannot receive that until my grandmother passes away. My brother received a new truck and boat that I’m aware of. Is she lying to me ? I have a distant relationship with my mom, but it just seems as though she is flat out lying to... View More
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answered on Nov 26, 2021
You can take a look at the will yourself. Go to the probate court and request a copy.
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answered on Nov 11, 2021
It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.
We need to insure the house but there is no legal owner. How can we gain ownership of home?
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answered on Aug 26, 2021
If the Parents actually owned the property, then one or both Parents' Heirs At Law own the property now. Hire a competent attorney to search the title and draft/execute an Affidavit of Heirship. When recorded that will be the heirs' source of title.
The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... View More
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answered on Aug 17, 2021
More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.
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