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Arkansas Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning, Family Law, Immigration Law and Real Estate Law for Arkansas on

Q: Where do I start

I am freaking out about my family .. ALL of my family. I'm worried about where everyone is and what exactly has happened to all of us. I gotta figure out the money thing so that I can get funding to my family that is locked up.

Rehim Babaoglu answered on Jun 21, 2019

Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?

1 Answer | Asked in Estate Planning for Arkansas on

Q: What document is needed to make an amendment to the trust to add a successor trustee?

There are mutual funds under one account and one property. The successor trustee already has the certification of appointment of successor trustee for the mutual funds but there has not been any amendment made to the trust.

Brandon M Haubert answered on Oct 18, 2018

You may not need an amendment to do so, if the successor was named in the original trust.

1 Answer | Asked in Estate Planning for Arkansas on

Q: I live in Ark. If my husband dies without a will does everything of his go to his children before his spouse?

Brandon M Haubert answered on Oct 18, 2018

No. First, you have to see how everything is titled. If it was titled as husband as wife, then it will go to you before his children. If it was in his name and he had named beneficiaries, then it will go to the beneficiaries. If it was in his name without beneficiaries, then it will go to his... Read more »

1 Answer | Asked in Estate Planning for Arkansas on

Q: My mother died 1.5 years ago. Before she died, she transferred her money to my older sister to pay bills since my mother

Was placed in a nursing home...no will or legal papers drawn up. Now, sister will not divide estate to me aND my brother. What is the recourse?

Skye Martin answered on Oct 2, 2017

If her estate is worth less than $100,000.00 then you could file an Affidavit for Collection of Small Estate.

2 Answers | Asked in Estate Planning for Arkansas on

Q: Is it possible to include a health care direction as part of my will, or must they be drafted as separate documents?

Kenneth V Zichi answered on Sep 7, 2017

Think about this. A will is effective only after you have died. Will medical direction be useful then? Of course you need a separate document!

Seek a local estate planning lawyer to both prepare a valid Will and valid Powers of Attorney and / or Medical directives to insure your wishes are...
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1 Answer | Asked in Estate Planning and Probate for Arkansas on

Q: If I'm an only child and no spouse, does my mom need a will?

Father pasted two years ago and mom never remarried and I'm an only child. Does she need a will if I'm on everything but the house that still has a mortgage? She only has a retirement acct, bank acct, car paid off, jewelry and the house. She has already paid everything to be laided by my dad.... Read more »

Skye Martin answered on Sep 3, 2017

She will need to create a beneficiary deed and/or a trust to avoid probate, even if you will be her only surviving heir.I would suggest that she meet with an estate planning attorney to go over all of her options for avoiding probate.

1 Answer | Asked in Estate Planning and Probate for Arkansas on

Q: My husbands mother died in Arkansas in 2012 & we live in texas. How do we get named executor to get the life insurance

To take care of distribution among her other children? Is probate necessary?

Terry Lynn Garrett answered on Aug 8, 2017

If the life insurance policy named a beneficiary, that beneficiary may only need a death certificate. If it named no beneficiary or named the estate, contact a probate lawyer in the county where she died or held real property and apply to probate her estate.

1 Answer | Asked in Estate Planning for Arkansas on

Q: My mother wants to leave her house to my wife and I. What is the best way to do this to ensure her wishes are honored?

She has asked us to move in with her to care for her until her death. We will be responsible for paying the bills, upkeep and repairs (which could be quite costly) on the house. I also have a full sibling (who has agreed to this arrangement) and 4 half-siblings who have no contact with my mother.... Read more »

Skye Martin answered on Aug 3, 2017

I would suggest contacting an attorney who deals with estate planning and trusts. She will probably want to have both a trust and a new will.

1 Answer | Asked in Estate Planning for Arkansas on

Q: If all beneficiaries of an irrevocable trust agree, can 100 per cent agreement remove a current trustee in Arkansas?

Brandon M Haubert answered on Jul 24, 2017

It depends in the language in the trust. The trust could limit the trustee's removal. If you don't have a copy of the trust, you can request one from the trustee. Then go see a lawyer.

1 Answer | Asked in Estate Planning and Probate for Arkansas on

Q: Is an unwitnessed handwritten will valid in Arkansas?

Brandon M Haubert answered on Jun 8, 2017

Yes, if it fits the requirements of a holographic Will.

28-25-104. Holographic wills generally.

When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible...
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2 Answers | Asked in Estate Planning for Arkansas on

Q: Is there any way to make a dynasty trust good for only the oldest child born?

I have a good amount of land and do not want it split up and sold off, I want to keep it together. Is absolute primogeniture an option when setting up a dynastic trust?

Kenneth V Zichi answered on May 24, 2017

There are ALL KINDS of alligators wading in the swamp you're discussing. GENERALLY you can make a trust to benefit as few or as many people as you want. But while that may be the short answer to your question, it misses the complications that may make any trust you create invalid or subject to... Read more »

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2 Answers | Asked in Estate Planning for Arkansas on

Q: RE: Living Trust. Is there any recourse for a son not mentioned in inheritance. Must ALL kids be named?

One of my 2 sons has no contact with me, no one in family even has his phone number or address. I loaned him $ a few years ago and never received repayment. I figured that would be his share, so the rest is distributed equally, 25% for the four kids. He isn't named. Now I'm wondering if he... Read more »

Kenneth V Zichi answered on May 22, 2017

ANYONE with a couple hundred dollars can sue if they feel aggrieved. YOUR job would be to eliminate as many possible arguments as possible. By failing to name someone who would otherwise inherit you've opened up an argument for him. He could say 'well mom/dad was getting old and they just FORGOT... Read more »

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2 Answers | Asked in Estate Planning for Arkansas on

Q: If I'm an only child and my mother has already passed, and my dad is getting older. Does he need a Will?

Would like to not go through probate after he passes.

Brandon M Haubert answered on Mar 15, 2017

If you are an only child you will inherit under law. Only meaning the only child your father ever had. Not the only child still alive. You may want consult with a lawyer on ways to avoid probate.

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1 Answer | Asked in Estate Planning for Arkansas on

Q: If the trustee placed a 450,000+ estate in a small estate, and has only herself listed on affidavit for collection of SE

This is still not settled after 1 1/2 years, and there was a will. She had all the siblings sign a release, (this basically said we had zero rights to it, but her name was on it, because (she stated) it had to be this way because she was the distributee) her reason -for this "Our father didn't have... Read more »

Brandon M Haubert answered on Mar 14, 2017

You can file to become the personal representative and then the affiant has to account to you for their actions. The best bet is to have a consultation with a lawyer.

1 Answer | Asked in Probate and Estate Planning for Arkansas on

Q: If someone has not yet died, should the things listed in his will be distributed?

Brandon M Haubert answered on Mar 14, 2017

The Property should only be distributed if that is what the person wants. You can do a probate while the person is alive - if that is something you want to do.

1 Answer | Asked in Estate Planning and Probate for Arkansas on

Q: My father passed away last month. He has both a will and a family trust. My mom becomes the exectrix of the

will and is trustor of the trust. Do we need to file anything with the state?

Brandon M Haubert answered on Mar 14, 2017

You might. It will depend on what your father owned and how it was titled. If he owned it in his name and his name alone with no beneficiary designation, then you may need to open a probate.

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on

Q: My Daughters have a power of attorney on me! I'm 86 and of sound mind. I don't wish for my daughters to have power

I want to do a hand written will and notarize it naming another person ca I do this?

Brandon M Haubert answered on Mar 14, 2017

You can revoke the power of attorney by signing a new one or just signing a revocation of the old one. You can draft a handwritten will if you want, but it will not revoke the power of attorney. That being said, a simple revocation of power of attorney will do that.

1 Answer | Asked in Estate Planning and Probate for Arkansas on

Q: Step-mom filed probate and I, as my father's only child, has not been notified. What are my options?

Brandon M Haubert answered on Mar 14, 2017

You can object to her being appointed as the personal representative, ask for her removal, demand an inventory, and demand an accounting.

1 Answer | Asked in Estate Planning and Wrongful Death for Arkansas on

Q: I'm a heir to a wrongful death claim and I didn't sign my waiver and consent form. What happens next?

Peter N. Munsing answered on Sep 8, 2016

You should consult an attorney if you aren't being represented by one. Look for a member of the Arkansas Trial Lawyers Association--they give free consultations.

1 Answer | Asked in Estate Planning for Arkansas on

Q: My dad remarried under 2 yrs prior to passing. Because he leaves a wideo, does she trump his 2 living aires ?

His aires 1 son & 1 daughter. The widow never filed his will. Because dad was a perfectionist, and was specific in wanting to leave his home to his children and grandchildren as the on going family home, it was deceit for the widow to withhold registering his will in court. Does these actions... Read more »

Terrence H Thorgaard answered on Nov 7, 2015

The word is "heirs". If there is a will, she doesn't have a choice whether or not it is filed in court. It is not clear what interest you have in the matter, but if they can prove that there was a will leaving the home to him, the children should insist that the will be honored and the home be... Read more »

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