Arkansas Estate Planning Questions & Answers

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

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Oct 18, 2018
Brandon M Haubert's answer
You may not need an amendment to do so, if the successor was named in the original trust.

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

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Oct 18, 2018
Brandon M Haubert's answer
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 spouse and children.

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

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Oct 2, 2017
Skye Martin's answer
If her estate is worth less than $100,000.00 then you could file an Affidavit for Collection of Small Estate.

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

2 Answers | Asked in Estate Planning for Arkansas on
Answered on Sep 7, 2017
Kenneth V Zichi's answer
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 fulfilled.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in...

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

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Answered on Sep 3, 2017
Skye Martin's answer
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.

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

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Answered on Aug 8, 2017
Terry Lynn Garrett's answer
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.

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?

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Aug 3, 2017
Skye Martin's answer
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.

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

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Jul 24, 2017
Brandon M Haubert's answer
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.

Q: Is an unwitnessed handwritten will valid in Arkansas?

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Answered on Jun 8, 2017
Brandon M Haubert's answer
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 disinterested witnesses to the handwriting and signature of the testator, notwithstanding there may be no attesting witnesses to the will.

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

2 Answers | Asked in Estate Planning for Arkansas on
Answered on May 24, 2017
Kenneth V Zichi's answer
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 challenge.

One of the big myths is that trusts can't be challenged like wills can. Sorry, but that is wrong.

Similarly, there are rules that need to be followed for a trust to be...

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

2 Answers | Asked in Estate Planning for Arkansas on
Answered on May 22, 2017
Kenneth V Zichi's answer
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 about me' or something similar. I ALWAYS name all the children even if they are inheriting nothing.

The attorney who drafted the trust should have been aware of this too. You DID have an...

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

2 Answers | Asked in Estate Planning for Arkansas on
Answered on Mar 15, 2017
Brandon M Haubert's answer
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.

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

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Mar 14, 2017
Brandon M Haubert's answer
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.

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

1 Answer | Asked in Probate and Estate Planning for Arkansas on
Answered on Mar 14, 2017
Brandon M Haubert's answer
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.

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

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Answered on Mar 14, 2017
Brandon M Haubert's answer
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.

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

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Answered on Mar 14, 2017
Brandon M Haubert's answer
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.

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

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Answered on Mar 14, 2017
Brandon M Haubert's answer
You can object to her being appointed as the personal representative, ask for her removal, demand an inventory, and demand an accounting.

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

1 Answer | Asked in Estate Planning and Wrongful Death for Arkansas on
Answered on Sep 8, 2016
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Nov 7, 2015
Terrence H Thorgaard's answer
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 distributed to them.

Q: Can an executor buy the personal property of the deceased without consulting the heirs? (Assume he set his own price.)

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Oct 27, 2015
Terrence H Thorgaard's answer
If you are one of the heirs, you can probably contest this with the court which appointed the executor.

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