Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arkansas Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Probate and Civil Litigation for Arkansas on
Q: How can I transfer my share of a trust to my wife and prompt the trustee to act?

My mother put her home into a trust, and upon her death, my brother and I were each supposed to receive 50%. My brother passed away, and his two children now have claims on his half, with one being the trustee and having a 25% interest, while his brother holds the remaining 25%. Although it's... View More

Christopher Riddle
Christopher Riddle
answered on Oct 20, 2025

In Arkansas, if the home is still titled in your mother’s trust, you don’t yet own the real estate itself—you own a beneficial interest in the trust. You can legally transfer that interest to your common-law wife by signing an Assignment of Beneficial Interest in Trust, which identifies the... View More

View More Answers

2 Answers | Asked in Probate and Estate Planning for Arkansas on
Q: Can I inherit my father's guns without a will during probate in Arkansas?

I am the executor of my late father's estate, which includes several firearms he intended for me to inherit. My father did not have a formal will, but he provided me with personal writings expressing his wish to pass these guns to me. I am an only child, and my mother is supportive of me... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2025

You are not an executor if no will is probated. Apparently you are the administrator and the heirs own those firearms as personal property of the Estate. Your lawyer needs to tell you who the heirs/next of kin is. Then get the other owners to agree in an Court Order for the firearms to be... View More

View More Answers

2 Answers | Asked in Estate Planning and Family Law for Arkansas on
Q: Seeking guardianship for husband with Alzheimer's in Arkansas despite having POA and directives.

I have power of attorney over my husband's financial matters and his healthcare directives are in place. We live in Arkansas, and I am considering guardianship due to his Alzheimer's diagnosis. I want to know the legal processes and requirements for obtaining guardianship over personal... View More

Christopher Riddle
Christopher Riddle
answered on Apr 28, 2025

Hi, there! I am sorry to hear that your husband has been diagnosed with Alzheimers. Having both a financial Power of Attorney and healthcare directives in place shows how deeply you care and how well you’ve planned for your husband’s needs. In Arkansas, because you already have these... View More

View More Answers

1 Answer | Asked in Estate Planning, Probate and Personal Injury for Arkansas on
Q: What kind of will does one need who has mesothelioma

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Arkansas on
Q: How do I get my grandmother's will probated after 2 years because my family will not do it

There are a lot of details and it's because of the corruption in the town and my family members

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: How does the court appointed administrator for an estate get paid? Does it come out of estate money?

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: How can I obtain a copy of an unfiled will for distribution of mineral rights in Arkansas?

My mother supposedly left a will for the distribution of mineral rights on an 80-acre property among her 11 children. I've never seen the will, and my sister has discouraged me from worrying about it. How can I find out if this will exists and get a copy if it was never filed with the courthouse?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2025

If the alleged will was not filed for probate then the will means nothing. The heirs at law take as tenants in common.

View More Answers

1 Answer | Asked in Estate Planning, Civil Litigation and Contracts for Arkansas on
Q: Legal options for a gifted lawn mower after consent is revoked.

After my grandmother passed away, a lawn mower was given to me with my uncle's consent and a witness present. I was supposed to pick it up, but later my uncle decided to sell it. No money was exchanged; it was meant to be a gift. What legal options or rights do I have in this situation?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2025

You’re understandably upset when you thought the mower was yours and then the promise was pulled back.

Under basic gift law, a gift only becomes binding once the giver shows clear intent, delivers the item, and the recipient accepts it. Since you never took possession of the mower, the... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Arkansas on
Q: How to transfer inherited property to children in Arkansas?

My parents left me a piece of property, and as far as I know, my name has been added to the deed. I want to pass this property to my children now. Does my name have to be on the title to transfer the property, or can I transfer it directly to them? Are there any specific legal steps or implications... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

Hire an AR attorney to determine heirship, search the title, draft/execute an Affidavit of Heirship, and then record your source of title. Then you can decide what to do with your estate.

View More Answers

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Q: How to download Arkansas-compliant durable power of attorney form for financial and medical decisions?

I am a senior citizen in Arkansas looking to download a durable power of attorney form that complies with Arkansas regulations. I need the form to cover both financial and medical decisions should I require assistance. How can I ensure that I download the correct form?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

You’ll want to use the official statutory forms drafted to meet Arkansas law rather than a generic template. Start by locating the “Statutory Durable Power of Attorney” form that implements the provisions of Arkansas Code § 28-70-101 et seq. for financial powers, and the separate “Health... View More

1 Answer | Asked in Estate Planning, Contracts and Civil Litigation for Arkansas on
Q: Reversing unauthorized house sale by power of attorney

I recently discovered that my grandmother's sister, who has had power of attorney since 2020, sold my grandmother's house last month without her knowledge or consent. The house was sold to the sister's son. My grandmother was not aware of the sale and does not want to sell the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2025

If your grandmother’s house was sold without her knowledge or consent by someone holding power of attorney, and the sale was to the power holder’s family member, this raises serious concerns. Power of attorney gives authority to act on behalf of someone, but it must be used in your... View More

2 Answers | Asked in Probate and Estate Planning for Arkansas on
Q: Will not registered, fourth wife claiming all, next steps?

My dad passed away, and there is supposed to be a will that includes his kids and grandchildren. However, his fourth wife claims she gets everything. The will is likely in her possession, but it isn't registered with the courts, and we are not allowed at the house to look for it. We don't... View More

Christopher Riddle
Christopher Riddle
answered on May 7, 2025

I'm sorry for your loss. In Arkansas, if you believe a will exists but is being withheld, you can file a petition with the probate court in the county where your father lived. The court can compel the person suspected of holding the will—such as your father’s wife—to produce it. Even if... View More

View More Answers

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Contracts for Arkansas on
Q: Legal dispute over estate and competency after sister's false claims.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Contracts, Real Estate Law and Estate Planning for Arkansas on
Q: Can my husband transfer deed to his trust without my consent?

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: Is it legal to list grantees as tenancy in common with 90% and 10% in Arkansas Beneficiary deed?

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?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Tax Law for Arkansas on
Q: Do we need a tax ID number for a revocable trust beneficiary of life insurance?

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

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Real Estate Law and Estate Planning for Arkansas on
Q: How to transfer land ownership in Arkansas as a gift from grandparents to brother?

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?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Estate Planning, Probate and Family Law for Arkansas on
Q: Contesting estate omission by stepmother in Arkansas.

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2025

Hire an AR attorney to advise and represent you on this.

1 Answer | Asked in Estate Planning for Arkansas on
Q: If you can’t be an executor because of a felony can a judge deny you because you where charged but never convicted of 1
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Q: To add a name to a deed via quitclaim in Arkansas, is the grantor also listed as a grantee along with the added person?

Adding adult child to property

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.