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Arkansas Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning for Arkansas on

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

This is still not settled after 1 1/2 years, and there was a will. She had all the siblings sign a release, (this basically said we had zero rights to it, but her name was on it, because (she stated) it had to be this way because she was the distributee) her reason -for this "Our father didn't have... Read more »

Brandon M Haubert answered on Mar 14, 2017

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.

1 Answer | Asked in Probate and Estate Planning for Arkansas on

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

Brandon M Haubert answered on Mar 14, 2017

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.

1 Answer | Asked in Estate Planning and Probate for Arkansas on

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

will and is trustor of the trust. Do we need to file anything with the state?

Brandon M Haubert answered on Mar 14, 2017

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.

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on

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

I want to do a hand written will and notarize it naming another person ca I do this?

Brandon M Haubert answered on Mar 14, 2017

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.

1 Answer | Asked in Estate Planning and Probate for Arkansas on

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

Brandon M Haubert answered on Mar 14, 2017

You can object to her being appointed as the personal representative, ask for her removal, demand an inventory, and demand an accounting.

1 Answer | Asked in Estate Planning and Wrongful Death for Arkansas on

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

Peter N. Munsing answered on Sep 8, 2016

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.

1 Answer | Asked in Estate Planning for Arkansas on

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

His aires 1 son & 1 daughter. The widow never filed his will. Because dad was a perfectionist, and was specific in wanting to leave his home to his children and grandchildren as the on going family home, it was deceit for the widow to withhold registering his will in court. Does these actions... Read more »

Terrence H Thorgaard answered on Nov 7, 2015

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... Read more »

1 Answer | Asked in Estate Planning for Arkansas on

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

Terrence H Thorgaard answered on Oct 27, 2015

If you are one of the heirs, you can probably contest this with the court which appointed the executor.

1 Answer | Asked in Estate Planning for Arkansas on

Q: In Arkansas, can the Executor of the Estate pay himself out of the estate for performing these duties?

June Ann Anteski answered on Feb 24, 2013

Yes, the executor can file a petition to pay himself for his services in handling the estate. The Judge will need to approve the petition. A receipt should be filed also showing that payment has been made and accepted. Good luck.

1 Answer | Asked in Estate Planning for Arkansas on

Q: After responding to a complaint, how long before case is dismissed if plaintiff does nothing to proceed?

We have agreed to try and reconcile, but atty told hubby (plaintiff) that he shouldn't dismiss the case yet. Does he HAVE. To proceed, or will the case be dismissed after a certain time frame?

June Ann Anteski answered on Feb 24, 2013

It sounds like your busband needs to tell his attorney that he wants to dismiss the case. His attorney should do what his client requests. Good luck.

1 Answer | Asked in Estate Planning for Arkansas on

Q: CAN A FAMILY APPOINT AN EXECUTOR WITHOUT GOING TO PROBATE?

Wade Allan Williams answered on Feb 21, 2012

The appointment of an executor in Arkansas is a function of the Court in the probate proceeding. An individual's will can nominate the preferred personal representative, and the beneficiaries of an estate can enter into a family settlement agreement that may address the personal representative... Read more »

1 Answer | Asked in Estate Planning for Arkansas on

Q: Is a self written will legal in Arkansas

Wade Allan Williams answered on Feb 21, 2012

Yes. A self written will can be valid in Arkansas provided it follows the statutory requirements. In these days and times, a self written will could include the traditional holographic will, which is hand written, or a will that the testator creates and prints from their computer. Either can be... Read more »

1 Answer | Asked in Estate Planning for Arkansas on

Q: My Mom die she has no will how doe the law in arkansas work for this? there is me sis and half bro. he has a child?

My half Bro. is dead.

Robert Fahr answered on Jul 16, 2011

If a person dies with no Will and has assets in Arkansas then those assets would be subject to division according to Arkansas law. In general the assets would be divided between the person's children and the person's spouse. Unless a step-child is adopted by the person, they are usually not... Read more »

1 Answer | Asked in Estate Planning for Arkansas on

Q: In the state of AR. Can I intentionally leave a child out of my will

If you have additional details about your question fill them here

Robert Fahr answered on Jul 16, 2011

In general, if you have a child and you don't mention that child in your Will then that child may claim their statutory share of your estate. If you intend to disinherit a child then you must mention that child in your Will and you should state you intent to disinherit them. This is why it is... Read more »

1 Answer | Asked in Estate Planning for Arkansas on

Q: How long does the bond last in a trust?

Robert Fahr answered on Jul 16, 2011

Without more information it may not be possible to answer your question. If you are referring to a fiduciary bond that may be required of the Trustee to protect trust assets, that is typically renewed annually. If you are referring to a bond held in the trust, then it depends on the type of bond,... Read more »

1 Answer | Asked in Estate Planning for Arkansas on

Q: Does arkansas have death estate tax?

Robert Fahr answered on Jul 16, 2011

Arkansas does not have a state estate tax. An estate may owe federal estate taxes depending upon the type of assets and size of the estate. An estate may also have to pay federal and state income taxes on income after the death, until the estate has been settled. This is a general answer and may... Read more »

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