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Arkansas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Estate Planning for Arkansas on
Q: How to transfer land ownership in Arkansas as a gift from grandparents to brother?

My grandparents own a piece of land in Arkansas that they want to gift to my brother. There is no existing mortgage or will/trust affecting the transfer. What steps do we need to take to change ownership to his name?

Anthony M. Avery
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answered on Feb 23, 2025

Grandparents hire an attorney to draft a Deed to the Brother. A Mo attorney could draft it if he is careful, or hire an AR attorney in the respective County. Then you execute it and record it. It could be a life estate, remainder Deed.

0 Answers | Asked in Probate, Family Law and Real Estate Law for Arkansas on
Q: Can I probate a will 15 years later to claim inheritance?

I want to know if I can probate a will 15 years after my father's death to claim my inheritance. The will was never probated, and there is a dispute between the children and the stepmother. I have a copy of the will, which states that my stepmother could live in the house until she married or... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Rights for Arkansas on
Q: Stop the sale of land

My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the... View More

Anthony M. Avery
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answered on Feb 20, 2025

If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.

Wills mean nothing without probate. Since you...
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0 Answers | Asked in Business Law, Contracts, Consumer Law and Real Estate Law for Arkansas on
Q: Lawsuit consideration against realty company for breach and misrepresentation.

I am considering a lawsuit against a realty company and/or a real estate agent for breach of contract, negligence, or fraud related to a land purchase agreement. In October 2024, our company entered into a purchase agreement to buy two lots for $50,000 each, based on the real estate agent's... View More

0 Answers | Asked in Contracts, Real Estate Law and Consumer Law for Arkansas on
Q: Can we rescind purchase and refund $100K over lot price discrepancies?

Can we rescind the purchase agreement and seek a refund of the $100,000 payment due to a significant price discrepancy ($50,000 vs. $20,000 per lot), especially given that the purchase agreement did not include price adjustment terms? The sale was contingent on the lots being free from... View More

3 Answers | Asked in Real Estate Law and Bankruptcy for Arkansas on
Q: I am the buyer of real estate w/ an owner carry contract. There is a five-year balloon note which is coming up…

I’ve had a change in job positions and had had to stop paying my credit cards, which is affected my credit therefore, I don’t have the credit to refinance. Can I claim bankruptcy and include the house and the amount owed in the bankruptcy and keep the house. Would want the repayment type of... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 13, 2025

The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.

Note...
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1 Answer | Asked in Real Estate Law for Arkansas on
Q: What does a real property deed that was inherited say?

My father inherited real property that was 3 generations old,the deed was given to him,but I'm not sure he legally transfered the deed after my grandfather died.Then he put my step mom's name on it as his name grantor and to his wife grantee in county .Is that legal title?

Anthony M. Avery
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answered on Jan 1, 2025

No deed is involved when heirs take. Hire a competent AR attorney to search title and determine heirship, and give his opinion about who are the owners. Remember taxes have to be paid.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Brother living in trailer house. His partner died 13 months ago. The children have abandoned the property.

How can we get a title for it in his name?

Anthony M. Avery
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answered on Sep 26, 2024

Hire an AR attorney to search the title and determine heirship. Draft a Deed from the heirs over to the Brother and ask them to execute it in front of notaries.

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 Contracts, Criminal Law, Real Estate Law and Energy, Oil and Gas for Arkansas on
Q: Where's the best place to find a loophole in life and law that is fair?

How are loopholes discovered?

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

There is no universal answer. "Loopholes" are usually exclusions or exemptions in certain regulations that people take advantage of - but they tend to be situation-specific. One way to discover them is to research statutes, or to consult with attorneys who practice in that given area. Good luck

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Is there any law for a seller to get out of a real estate contract before closing?

I do not see any specific contingency in the contract for the seller to terminate the contract. There is a contingency on an addendum that the "buyer reserves the right for any reason or no reason in it's sole discretion to terminate this agreement by writing no later than 5 days before... View More

Anthony M. Avery
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answered on May 23, 2024

Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.

1 Answer | Asked in Real Estate Law and Estate Planning for Arkansas on
Q: Is there a legal binding document for an heir to sign over their rights to another heir, until we can afford to hire an

There’s 5 heirs to a small plot of land.. 3 of which don’t want anything to do with it so they agreed to sign their part over..can a notarized, witnessed statement be legal binding? need it just till we can pay an attorney to file all the paperwork..

Anthony M. Avery
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answered on Apr 1, 2024

Your agreement is unenforceable, as land is usually transferred by deed or heirship. Hire an AR attorney to search the title and draft a deed for the three heirs to convey to the other two as tenants in common.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arkansas on
Q: In arkansas Is there a way to claim land if is not showing to be anyone on the county records ?
James L. Arrasmith
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answered on Feb 22, 2024

In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically... View More

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Real Estate Law for Arkansas on
Q: what are Arkansas law regarding existing fencing that has been in place for more than 10+ yrs?

Property we bought about 11 yrs ago had already fencing around it from neighbors. We left it as such and built more fencing that ran into already built parts and have repaired older fencing. Now a neighbor bought some of the property from newer neighbors and want to tear down existing fencing and... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2024

An Arkansas attorney could advise best, but your question remains open for a week. Your question may run deeper than technicalities about fence construction. Your post suggests a property dispute. You could repost and add "Real Estate" as a category. If this involves adverse possession... View More

1 Answer | Asked in Family Law and Real Estate Law for Arkansas on
Q: My mom passed recently. The deed to her property has my grandmother then my mother's name and her heirs. My grandmother

Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.

James L. Arrasmith
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answered on Jan 22, 2024

If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More

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 Real Estate Law and Federal Crimes for Arkansas on
Q: My wife took out an ARM loan with out my knowledge. It's that legal
Anthony M. Avery
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answered on Dec 5, 2023

Wife can encumber her property interests without your consent or knowledge.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: If a will that includes property in Arkansas states that the sell of property be sold and divided 5 ways

But the title company says it has to be divided 7

ways…can the title company go against the will?

Anthony M. Avery
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answered on Nov 30, 2023

I rarely give much credence to title co's, but they might be right on this. Hire an attorney to search the title and determine the precise ownership.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Arkansas on
Q: Can I move into an abandoned property?
James L. Arrasmith
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answered on Nov 17, 2023

In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More

1 Answer | Asked in Small Claims, Consumer Law, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If a storage unit owner does not follow Arkansas law regarding the auction of my property, is there anything I can do?

I'm absolutely devastated and heartbroken. I went to get some things out of our storage unit at Copper Safe storage today and everything is gone. Thousands of dollars worth of stuff. All my winter clothes, my families winter clothes, all my Christmas decor that I've collected over the... View More

Anthony M. Avery
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answered on Oct 30, 2023

Either hire an AR attorney to sue for an injunction, or check into bidding at the sale (without telling anyone of the contents, or forget about it. Apparently you have been wasting your time complaining to the lessor.

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