Get free answers to your Probate legal questions from lawyers in your area.
answered on Feb 9, 2020
Hello,
Generally settling an estate takes at least six months. Mostly it takes this long, even if not much else is happening, because anyone who has a claim against the estate has six months to make a claim, after which all claims are barred.
You will probably want to talk with... View More 
answered on Jan 19, 2020
There is no time limit to close a probate. However, if the personal representative is not doing what they are supposed to (managing the assets, filing an inventory, filling accounting, etc) then you can file to have those things done and possibly;ly to have the personal representative removed.
We are in probate. My niece is fighting my mom's will and accusing me of hiding my mom's money. This is an account that is for business purposes only, no checks. It is a Reserve Account with a hold on the funds from the bank to pay our monthly mortgage. I don't have access to... View More
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answered on Jan 12, 2020
There is a very, very strong presumption that a bank account that is titled as joint tenants with right of survivorship goes to the survivor upon the death of the other account holder, and the bank can safely turn over the funds to the survivor without requiring probate.
However, if someone... View More
My step-mother died 11 years ago and I am now being asked to file her will so that a probate process can be initiated. This sounds "iffy" to me.
answered on Dec 20, 2019
In Arkansas you have five years from the date of death of the decedent to Open a probate estate for the deceased individual and to file their will for probate. After the five year deadline has expired, You can no longer file the will for a regular probate proceeding. After the expiration of the... View More
The Arkansas lawyer appointed as my aunt's executor upon her death has NOT closed either of their estates. They were simple cases, with simple wills, with minimal moneys and little property involved. The wills were followed per each of my Aunt and Uncle's wishes. The Arkansas lawyer... View More
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answered on Nov 9, 2019
File a complaint with the State Bar of Arkansas.
I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?
My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.
answered on Aug 28, 2019
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
If that what they wanted but don’t have a will
answered on Aug 16, 2019
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
My aunts in charge of distributing in will (she lives out of state) , it got out probate in August. I haven’t heard anything since then. Do I need to hire a lawyer? I’ve already been told my name is in the will, haven’t been told anything else. I don’t really know much about this stuff... View More
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answered on Aug 12, 2019
You can walk into the probate court and ask to see the file. In there you will see the will, which you can read. You can also read up on what happened in the case. Look for the final order of distribution, which states who got what.
If the court is too far away, you can hire a local... View More
If mom was to put my name on her property and she has no will, will this keep my siblings from going and filing a probate on the property if she passes. My siblings want to section up her land and I'm trying to keep that from happening.
answered on Jul 26, 2019
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
We understand and agree that she can stay in the house that my father owned until she decides to leave or passes away, and then the property goes into my brother's name. We tried to do this with her as a family, but she is not allowing us take any of our father's property- even though we... View More
answered on Jul 22, 2019
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
His will state that the money from the sale of the home go into a trust for 3 of his granddaughters. As the executor of his will and the executor of the trust could I sell his home and put the money into the trust, or would I need to get the home put into my name in order to sell it?
answered on Jul 17, 2019
You need to file a probate action to be able to distribute his property according to the will. Being named executor in the will means nothing until a court admits the will to probate and appoints you as executor. Then you can file something to sell the house and put the proceeds into a trust for... View More
Can creditors still submit claims after the end probate date? No will and property owned was less than 40,000.00 probably less than that amount.
answered on Dec 17, 2018
There is usually a deadline for submitting creditors’ claims before the end of the probate proceeding. The primary exception is that the claim cannot be cut off unless the creditor was given notice and an opportunity to be heard. If the Executor/Administrator mailed notice or gave other... View More
The deceased resided in Arkansas
answered on Oct 16, 2018
If the estate qualifies as a small estate, then you can settle without opening an estate account. Under the small estate statute items should be delivered to the affiant and the affaint is liable as a trustee to the other heirs and devisees. It also is a practical problem of dealing with banks and... View More
My uncle hired a lawyer on his own to appoint himself administrator of parents estate. My mom and aunt then hired a lawyer to petition against him. Judge appointed a unbiased administrator who just happens to be prosecuting attorney for county. The probate was final in court. The estate paid the... View More
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answered on Aug 30, 2018
Most states have what they call an affidavit of heir ship that you can fill out showing you as the heir. I am assuming that your uncle gave you the car by will?
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answered on Aug 28, 2018
If you are the sole heir and only child you may be able to do an Affidavit of Small Estate.
We only have a house which we still owe for.
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answered on Mar 22, 2018
If you and your husband were both named on the deed to the property, as his surviving spouse, the land is yours. If you were not, you should see an attorney who can advise you on how to go about getting title to the real estate.
Does the wife have the rite to everything or does it go to the child?
answered on Mar 16, 2018
It depends on how it was owned. If it was in the ex-husbands, the child inherits. Get a lawyer and protect the kids rights.
The house is in his name only, but he filed a quick deed a few years ago so she could have half of the home if they were to split up. He desperately needs to sell their home because he cannot afford the payment without her income, but he is afraid. She has a car and bank account in her name only.... View More
answered on Jan 16, 2018
Who prepared that 'quick deed' (I assume you mean a quit claim deed) and how was it titled? Do it yourself property planning like this is dangerous at best, and that deed may have just forced your father into Probate because he didn't understand what happened. Ideally an attorney... View More
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