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Arkansas Estate Planning Questions & Answers
1 Answer | Asked in Consumer Law, Estate Planning and Insurance Bad Faith for Arkansas on
Q: My mom passed away in June and incurred 250,000 dollars in medical debt. If I'm making payments can they take my home?

My mom passed away from cirrosis in June and the insurance company denied her claim. Since then My step-dad was trying to be in control of paying the medical bills but he is elderly and received a collection notice from one doctor which means he's missed some of the bills. I'm the... Read more »

Brandon M Haubert
Brandon M Haubert answered on Nov 30, 2021

You need to discuss your options with an Arkansas probate lawyer. Your mother's estate may be insolvent and the bills may not need to be paid. The house may be protected depending on how it was titled. You need to discuss your options with a lawyer. You probably are not liable for any of the... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: Does a trust have to be funded? If so why and how?

Generally does a irrevocable trust have to be funded

I didn't find anything while research to do one

Thank ypu

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2021

There is no law that obligates the creator of an irrevocable trust to put anything in it, but A trust with nothing in it is a waste of effort. Creating and finding irrevocable trust or not do it yourself projects. You really should hire an experienced estate planning attorney to help you with... Read more »

2 Answers | Asked in Estate Planning, Collections, Elder Law and Probate for Arkansas on
Q: My grandfather passed away last year. My mother is executor of his estate. My grandmother is alive. He had a will.

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... Read more »

Nina Whitehurst
Nina Whitehurst 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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1 Answer | Asked in Estate Planning for Arkansas on
Q: I live in Arkansas. I signed an irrevocable trust but it is not funded. Can I start over with another lawyer?

The reason is because I do not like the wording of the current trust.

Dustin A. Duke
Dustin A. Duke answered on Nov 17, 2021

If it was never funded, unless there is something in the document or another document that compels you to fund it, then yes you can create a new trust. Depending on your situation and the language of the current trust, it may be able to be amended as well.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: What does it mean when a realtor says the estate hired them to sell my house
Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas on
Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

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... Read more »

Anthony M. Avery
Anthony M. Avery 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.

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: Wife not beneficiary on husbands ESOP, can she challenge it?

My mother isn't listed as a beneficiary on my deceased father's ESOP, as stated by the company. Before he passed he told her that she was over everything. The company has not been very straightforward with us and she wants to try to challenge the beneficiary designation.Is there a certain... Read more »

Dustin A. Duke
Dustin A. Duke answered on Aug 8, 2021

More information is needed in order to fully answer your question. However, if there is no beneficiary listed on the account, and the company has no policy to the contrary, then the assets would go into your father's probate estate and would need to be probated before they can be distributed... Read more »

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1 Answer | Asked in Estate Planning for Arkansas on
Q: Is it legal for an agent of a poa to transfer the principals real estate or personal property into his or her own name.
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 22, 2021

I think this will depend on two things. First, whether the law of your state (Arkansas) permits this in certain cases, and Second, whether the POA specifically permits this.

In my state of Louisiana, it specifically states that "self-serving gifts" must be specifically allowed...
Read more »

2 Answers | Asked in Estate Planning and Health Care Law for Arkansas on
Q: If a power of attorney is only good for financials in my state what do I need for healthcare decisions?

I’m an only child and my mother is widowed/not remarried. She is a type 2 diabetic with chronic related health issues due to noncompliance with her meds and eating habits.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 18, 2021

A "Health-Care Power of Attorney" is what you need and it is specifically authorized in statute by most states. It should be HIPAA compliant, and cover any and all medical prodedures and contingencies.

A "Health Care Directive" or "Living Will" is a narrower...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My mother had a revocable trust listing only myself as beneficiary, but having issues transferring assets.

How do i transfer the titles of her assets; homestead, bank accounts, etc. Some titles have transferred (automatically?) , but some have not. I thought probate court was avoided by having a rev. trust. Any help would be appreciated.

Nina Whitehurst
Nina Whitehurst answered on May 19, 2021

Assets that were in the trust when she died pass according to the terms of the trust. Assets that were not in the trust pass according to the terms of the will using the probate process. What you seem to have is a partially unfounded trust, which is less than ideal because it does not completely... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: Can the beneficiaries of a will move the deceased’s items to a storage facility until the small affidavit can be filed?

The home, in Poinsett County, is not in a safe area and the attorney that wrote the will already told us we need to remove anything valuable and put it in a safe place (people are already breaking in and stealing items). We would not be prematurely splitting assets - only moving them to a secure... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2021

You have already obtained sound legal advice.

1 Answer | Asked in Estate Planning for Arkansas on
Q: What are the options for overriding a power of attorney?

Power of attorney is the principles sister. She has completely gone above and beyond morally. Principle had surgery to see how far colon cancer has spread, he verbally told his daughter (a roommate) that her aunt will keep them posted about his surgery. Surgery was on 1/12/2021 and from that time... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

You might have to go to court to have a guardian appointed for this individual. Guardianship will override (revoke) the power of attorney.

1 Answer | Asked in Estate Planning and Land Use & Zoning for Arkansas on
Q: Do I need my husbands signature to sell land that is in both our names?
Steven J. Fromm
Steven J. Fromm answered on Nov 20, 2020

Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Does a Letter of Administration give immediate access to deceased personal bank acct without probate or small estate?

My dad died almost a month ago without a will. His estranged wife isn't communicating with me about the affairs of his estate since we received death certificates. They were separated (not legally) and had not lived together for 5 years. His personal bank account was solely in his name and had... Read more »

Brandon M Haubert
Brandon M Haubert answered on Nov 3, 2020

You need to open a probate. You will most likely need the court to render a decision on who gets the money and probably go through the discovery process to figure out what happened with the money. The small estate affidavit process does not work in contested matters. She may have already filed a... Read more »

1 Answer | Asked in Child Custody, Estate Planning and Probate for Arkansas on
Q: I am a single parent of a 13 year old whom father has passed away. I'm in my late 50's and was wondering what kinda

Of paper work I need to fill out to if I was to die before she 18 to make sure she stays with my sister and not go to foster care.

THANK YOU VERY MUCH T HARVEY

Dustin A. Duke
Dustin A. Duke answered on Sep 2, 2020

You could designate your sister as a preference for guardian for your daughter in a Will. If you need assistance in drafting a will or other estate planning documents feel free to reach out to me.

1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Tax Law for Arkansas on
Q: My father recently passed unexpectedly. How do i find locate his debt/investments?
Rose Blondin Shea
Rose Blondin Shea answered on Aug 24, 2020

I would keep an eye on any mail that comes in his name. Most likely they will mail him something at some point at which time you can contact them. Also look for any estate plans that he has in his home perhaps in a safe or filing cabinet. If he has an estate plan you can also try to contact the... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Arkansas on
Q: My grandmother died and I’m the only grandchild her husband is selling the house I haven’t received anything

She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will

Dustin A. Duke
Dustin A. Duke answered on Jul 23, 2020

First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Can we use "small estate" probate after my mother died without a will?

My divorced mother died intestate, and my sister and I are her only heirs.

We have obtained her credit reports and determined that aside from one small collection, her only debt is the mortgage to the home we would inherit jointly had she made a will, as that had always been her intent.... Read more »

Dustin A. Duke
Dustin A. Duke answered on Jul 10, 2020

If the mortgage is your mother's only debt and the value of her estate after the balance on the house note is subtracted equals $100,000 or less, then you should be able to file the small estate affidavit. However, be aware that if your intent is to sell the home, most title companies will... Read more »

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