Get free answers to your Estate Planning legal questions from lawyers in your area.
My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached
answered on Mar 20, 2024
An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More 
There are a lot of details and it's because of the corruption in the town and my family members
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answered on Jan 14, 2024
To initiate the probate process for your grandmother's will after a delay, you can file a petition with the probate court in the county where your grandmother resided at the time of her passing. This action can be taken even if other family members are reluctant or refuse to do so.
In... View More
I am the general administrator but the judge is hiring an estate administrator. Does the appointed lawyer get paid by the state or the decedent's estate?
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answered on Nov 18, 2023
In Arkansas, when a court appoints an estate administrator, typically a lawyer, their compensation is usually paid out of the estate's funds. This means that the payment for their services comes from the assets within the deceased's estate, not from the state.
The amount an... View More
A woman added her husband's cousin/neighbor as a caretaker to her bank accounts and later deeded her estate to the caretaker. After the woman's death following her forced removal by her sister, the sister falsified claims of undue influence and falsified documents. The sister's... View More
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answered on Apr 11, 2025
This situation sounds incredibly difficult, especially when grief, family conflict, and legal matters all collide. In Arkansas, the court will focus on evidence of the woman’s mental capacity at the time she made the decisions about her estate. If the caretaker has medical records, signed... View More
On March 29, 2025, during a visit to the title company for the sale of some property, I was unexpectedly asked by my husband to sign a deed transfer, believed to be for moving the property into a joint trust. I was distressed at that moment, and now I realize the joint trust never existed. There... View More
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answered on Mar 31, 2025
Hire an AR attorney to search the title now. Then decide if a suit should be filed to set aside a conveyance.
I'm completing an Arkansas Beneficiary deed and want to list the grantees as tenancy in common with unequal shares, specifically 90% and 10%. Is it legal to distribute the proceeds of a sale in this manner using a Beneficiary deed?
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answered on Mar 29, 2025
Hire an AR attorney to draft such a deed. But you will want the granting clause to convey 9/10 & 1/10 to the tenants in common, not percentages.
My mother-in-law, who resided in Arkansas, recently passed away, and my husband is listed as the Trustee of her family trust. The trust was originally established by her late husband in 2000 and is a revocable trust. She also had a last will and testament, which states that everything should be... View More
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answered on Mar 10, 2025
When your mother-in-law passed, the trust became irrevocable. Consequently, you do need to obtain a tax id number for the trust.
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?
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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.
I recently discovered that my stepmother omitted me and my sibling, the first and second born children of my deceased father, from her obituary announcements and estate matters. She managed to leave my father's homestead to her adopted son after my father passed away. Unfortunately, we were... View More
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answered on Feb 20, 2025
Hire an AR attorney to advise and represent you on this.
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answered on Nov 8, 2024
If you were never convicted of a Felony, then inform the Probate Court by a response in writing or in Court. Being the Executor may not be worth the trouble, but if you want the fiduciary position inform the Court.
Adding adult child to property
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answered on Jul 18, 2024
Hire an AR attorney to draft the deed. Your answer could be yes or no as it depends on what type of estates are created by the transfer.
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..
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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.
both have adult children from other marriages
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answered on Mar 1, 2024
Hire an AR attorney to search the title and determine heirship, possibly recording an Affidavit of Heirship.
My father would like to see a copy of his parents trust, both parents have passed away.
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answered on Sep 26, 2023
Generally, heirs have a right to see a copy of the trust after the grantor has passed away. You usually don't need a lawyer to request a copy, although having one might facilitate the process if the trustee is uncooperative. The trust document should specify which beneficiaries or heirs are... View More
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answered on Sep 26, 2023
In Arkansas, the time frame for contesting an irrevocable trust depends on various factors, including the specifics of the trust document and Arkansas state laws. Generally speaking, you may have a limited time after you've been notified of the trust or its terms. If you suspect that the trust... View More
It was the weekend and we werent able to get a notary to come out. Witnesses ( family and heirs/beneficiaries ) will all attest to the validity of the deed.
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answered on Sep 18, 2023
Even if you find a notary familiar with the Decedent, he is not going to backdate his notarization. That incomplete Deed is not eligible for recordation.
She did not have a will. can this be used as a will.
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answered on Sep 11, 2023
It is doubtful the so called beneficiary deed has the language and execution requirements of an AR Will. Consult with an AR attorney, but Mother's heirs probably take real property as tenants in common if more than one.
My mother passed with a beneficiary deed that wasn't filled. Her house was intended to go to me. theres no exexcutor, i am acting on her behalf. zillow states the value is 126,000. can an appraiser be used to devalue the house below the 100,000 limit of Arkansas small estate probate limits to... View More
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answered on Sep 11, 2023
Administrator can value Estate assets. An appraiser's value is just his opinion. If the Probate Judge does not like it, he will let him know, and then regular Probate will be required.
With me. I currently live in the home.
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answered on Jul 25, 2023
Hire an AR attorney to search the title and determine heirship. Then get an Affidavit of Heirship drafted and recorded as the heirs' source of title.
My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.
answered on May 23, 2023
Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need... View More
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