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Arkansas Estate Planning Questions & Answers
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 »

2 Answers | Asked in Estate Planning for Arkansas on
Q: How do you find how much is in your estate
Nina Whitehurst
Nina Whitehurst answered on Jul 3, 2020

It depends on whether you are concerned about your taxable estate, your probate estate or your non-probate estate. The answers are all usually quite different. In general, your taxable estate consists of everything you owned at the moment of your death plus things you gave away within three years... Read more »

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1 Answer | Asked in Estate Planning for Arkansas on
Q: My dad died & left everything to mom in his will with me as executor. Do I have to file the will with court records?
Stewart Whaley
Stewart Whaley answered on Jun 29, 2020

Whether the will needs to be probated depends on what was in your father's estate at the time that he died. If the estate had property that was only in his name and that did not have beneficiaries listed, then the will may need to go through the court process known at probate. If your... Read more »

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: I am a beneficiary having issues with personal representative, should I contact his attorney or get a attorney myself?

My brother was a resident and died in Arkansas in 2014, leaving no known will. No wife or children. 3 siblings and one was appointed personal representative.He lives and works in Arkansas and bond was also waived. Have never been provided any documentation of estate, real estate property has been... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 29, 2020

You definitely need your own attorney. The other attorney does NOT represent you.

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1 Answer | Asked in Estate Planning for Arkansas on
Q: My fiancé’s mother put my engagement ring on my deceased fiancé estate inventory, will I need to get a lawyer for this?

Will I need to get a lawyer for this matter if she takes me to court? My fiancé bought it for me and if he would have lived we would be married.

Paul Dumas
Paul Dumas answered on Jun 23, 2020

If it’s listed in the inventory, the executor is telling the court it’s owned by the estate. If you believe it belongs to you a claim must be filed so the court will be aware of the issue. There are strict deadlines that must be met or you will lose the ring to the estate permanently.... Read more »

3 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: What is probate,

Yes was left a home in a Will but having trouble getting deed what do I need to do and don't know what probate is

Stewart Whaley
Stewart Whaley answered on Jun 16, 2020

Probate is a court process that allows property to transfer to an heir or beneficiary after someone dies. A deed to land can be issued by the personal representative during the probate process. If you would like to talk about your case to determine whether probate is needed in your situation,... Read more »

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1 Answer | Asked in Estate Planning for Arkansas on
Q: my husband and I have a Trust with a Will. My question is this: We want to change the Trustee to our son, as one of

Trustees has passed away. Do I need to take the original Trust to a lawyer to have the Trustee changed or can I make the change and both of us sign and have notarized. Our attorney lives 5 hours away and we would like to get this done soon. Thank you.

Jarred Kibbey
Jarred Kibbey answered on Jun 2, 2020

If your son was not named a Successor Trustee, then you would need to amend the Trust. It is highly recommended that you seek legal advice to make this change correctly. If you are only changing a Trustee, most estate planning attorneys would likely make that change relatively cheap.

1 Answer | Asked in Estate Planning for Arkansas on
Q: I live in Arkansas. I obtained a quitclaim deed on a 2 acres lot with a lein. Will this affect me to build on?
Nina Whitehurst
Nina Whitehurst answered on May 25, 2020

The lien will affect your ability to obtain financing to build. The lender will require that the lien be released.

Also, if you don't pay off the lien, the lienholder can foreclose its lien, thus eliminating your ownership of the property.

Finally, if you need to grant any...
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1 Answer | Asked in Estate Planning for Arkansas on
Q: 1) Land trust vs.Family Trust 2) Can property be deeded over?

The land is in Arkansas and is heir property.

Paul Dumas
Paul Dumas answered on May 14, 2020

If the real property (land) in Arkansas is “heir” property, the most common understanding of that term is that title to the land is still held by a person who is deceased. For whatever reason, no type of probate, or other proceeding, ever conveyed or transferred title to the property into the... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: I live in Minnesota.... I was married in Arkansas, Pine Bluff.... my husbands father died and left EVERYTHING to my

Husband (his son) last son....but his dads sister Carolyn is getting death certificates so she can sell the rest of his dads property! She already gotten rid of the house and we didn’t get anything

Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2020

It sounds like a probate case has been opened and your husband's aunt has been appointed as executor. It is not unusual for estate property to be sold but for the distribution to take place much later to allow time to sort through and pay creditor claims. However, if the estate is in fact... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: my grandfather recently passed away and I have not had contact with that side of family since my father passed 20 years

how do I find out if im in the will or if there is one and so forth, also i live in a different state and have married name

Paul Dumas
Paul Dumas answered on Mar 11, 2020

File a “Demand for Notice of Probate” with the Probate Clerk’s office for the county in Arkansas where he was a resident at the time of his death. If and when a probate estate is opened for him, provided your “Demand” is filed correctly, Arkansas law requires that you be notified that... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: Do I have to name a successor trustee for my living will in Arkansas?

I live in Arkansas and I'm working on my revocable living trust online with NoLo software and ran into a problem. I would like for my son to be my successor trustee in the event I am incapacitated but I also have him as my executor. It will not let me choose him to be both because of conflict... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 8, 2020

That is one of many problems with online estate planning systems. Do yourself and your loved ones a huge favor and hire an experienced estate planning attorney to create an estate plan customized to your wants and needs.

2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Arkansas on
Q: My brother and I are listed as his and her on the deed to our land. The language doesn’t read right to survivorship.

I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?

Vincent Gallo
Vincent Gallo answered on Oct 30, 2019

Only he can convey out his interest in the real estate.

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2 Answers | Asked in Estate Planning for Arkansas on
Q: If a bank account has a beneficiary, does that override a will?

My father left one account with his child as beneficiary when he passed. It was only in his name. His wife emptied it. She is named as the executor of his estate in his will.

Dustin A. Duke
Dustin A. Duke answered on Oct 25, 2019

Generally, yes a valid beneficiary listed on a bank account (also sometimes known as a transfer on death TOD or pay on death POD designation) should remove that property from the account holder's probate estate and therefore the property is not transferable via Will. If the bank allowed your... Read more »

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1 Answer | Asked in Estate Planning, Landlord - Tenant and Small Claims for Arkansas on
Q: Can a storage unit manager cut my lock off and let someone else have my unit and all my stuff because of late payments?

I have fallen behind on my storage unit monthly payments. The guy cut my lock off and let my separated husband put his lock on. Now I can get my washer and dryer out of there because my estranged husband wont let me in the unit.

Nina Whitehurst
Nina Whitehurst answered on Oct 22, 2019

Yes, but only after they have followed the correct lawful processes for providing notice to the renter. It is possible that your husband bought the contents at auction, but that is pure speculation. You should contact a local consumer affairs attorney for advice on your specific situation.

1 Answer | Asked in Estate Planning for Arkansas on
Q: How do we officialize the changing of the trust by the primary beneficiaries when there'sno indication court's needed?

The trust does not state any court action is required to remove/change the trustee, and we had to change the trustee because he breached trust, coveted information, failed to administer or collaborate in order to resolve the trust in the best interest of the trust. We've needed the change to... Read more »

Dustin A. Duke
Dustin A. Duke answered on Oct 21, 2019

Did the original trustee step-down? If so, he should state his resignation in writing. The terms of the trust will then dictate who the next trustee is. If the original trustee refuses to step-down then court action may be necessary to force his removal.

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Arkansas on
Q: How do I pay my deceased mom's debts?

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.

Brandon M Haubert
Brandon M Haubert 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...
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