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.
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.
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 »
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 »
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 »
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 »
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.
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 »
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.
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.
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 »
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.
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.
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...Read more »
It depends on whether the deceased spouse had any children. It also depends on how each piece of property is titled. Real estate may be titled such that it passes automatically to the survivor. Bank accounts may have payable on death beneficiaries.
If mom was to put my name on her property and she has no will, will this keep my siblings from going and filing a probate on the property if she passes. My siblings want to section up her land and I'm trying to keep that from happening.
Your mother can do whatever SHE wants to do with her property before her death. If that means she wants to deed it to you, she can. I don't know anything about your mother, but if she no longer has the capacity to make a will and could be considered "incapacitated" (she doesn't...Read more »
We understand and agree that she can stay in the house that my father owned until she decides to leave or passes away, and then the property goes into my brother's name. We tried to do this with her as a family, but she is not allowing us take any of our father's property- even though we... Read more »
Under the law in Arkansas, she would be entitled to a life estate in a third of the real property, and one third of the personal property. She does not have a right to all of it. To sort this out, you'll have to file a petition for probate, where someone will be appointed personal...Read more »
He is presently in rehab unit at hospital and I usually write his checks out and he signs them, but he is not able at this time. Some of his bills are autopay from his checking but his mortgage and house insurance require payments sent to them. I don't want him to default on his mortgage.
If he is unable to sign checks, he may be unable to grant you a power of attorney. It depends on how bad his situation is. If you're in an emergency situation and he can't sign anymore, you may need to get an emergency/temporary guardianship to be able to take care of his affairs.
Both. If there's no will and the "decedent" (the person who passed) had a wife and adult kids, a portion goes to the wife and another portion goes to the kids. You have to file a petition to probate his estate to get the process started, though. If I were you, I'd hire an...Read more »
The rent is due whenever his lease agreement with the RV park says its due. Doesn't matter why it's late. I would try and reason with the RV park. Obviously your dad is going to get a check every month if he's receiving Social Security disability, so there's no danger of him...Read more »
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.
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.
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