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Arkansas Estate Planning Questions & Answers
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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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: If your are married and both spouses own everything and one dies does everything automatically go to the other spouse if

If that what they wanted but don’t have a will

Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

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.

You probably need to consult with an...
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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Keep it out of probate?

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.

Patrick R. Lee
Patrick R. Lee answered on Jul 26, 2019

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 »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My father died recently, and my stepmom is not cooperating with our wishes. No will. Who decides how property is split?

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 »

Patrick R. Lee
Patrick R. Lee answered on Jul 22, 2019

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 »

1 Answer | Asked in Estate Planning for Arkansas on
Q: are online POA forms legal in Arkansas?

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.

Patrick R. Lee
Patrick R. Lee answered on Jul 17, 2019

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.

2 Answers | Asked in Estate Planning for Arkansas on
Q: If there is not a will in place, does the second wife or the son from the first marriage inherit the estate?
Patrick R. Lee
Patrick R. Lee answered on Jul 17, 2019

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 »

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1 Answer | Asked in Estate Planning and Landlord - Tenant for Arkansas on
Q: my dad is a disabled veteran and the RV park that he lives at is trying to kick him out because he pays his rent late

But it's not his fault even the Social Security office is called the RV owner and told them that it isn't his fault that he receives his check late are they allowed to do this or not

Patrick R. Lee
Patrick R. Lee answered on Jul 17, 2019

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 »

1 Answer | Asked in Estate Planning for Arkansas on
Q: Can I buy a house in my son’s name (11yrs old), so that husband cannot take over half of this asset, in case of divorce?

My son is my husband’s step son, and my husband mistreats him and I want to secure something for him, that’s not in my name, so my husband doesn’t take advantage of the situation

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

Are you buying the home with marital assets? If so, it is marital property even if you buy it for your son. Consult an estate planning attorney.

1 Answer | Asked in Estate Planning, Family Law, Immigration Law and Real Estate Law for Arkansas on
Q: Where do I start

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.

Rehim Babaoglu
Rehim Babaoglu answered on Jun 21, 2019

Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?

1 Answer | Asked in Estate Planning for Arkansas on
Q: What document is needed to make an amendment to the trust to add a successor trustee?

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.

Brandon M Haubert
Brandon M Haubert answered on Oct 18, 2018

You may not need an amendment to do so, if the successor was named in the original trust.

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