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Arkansas Probate Questions & Answers
2 Answers | Asked in Probate for Arkansas on
Q: Person named in will as executor of will refuses to probate will, what can the beneficiaries do to get will probated
Nina Whitehurst
Nina Whitehurst answered on Nov 29, 2021

You can petition to be appointed as executor of the estate yourself. A probate attorney can help you with this.

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2 Answers | Asked in Estate Planning, Collections, Elder Law and Probate for Arkansas on
Q: My grandfather passed away last year. My mother is executor of his estate. My grandmother is alive. He had a will.

I was supposed to receive an inheritance. My mother claims that I cannot receive that until my grandmother passes away. My brother received a new truck and boat that I’m aware of. Is she lying to me ? I have a distant relationship with my mom, but it just seems as though she is flat out lying to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 26, 2021

You can take a look at the will yourself. Go to the probate court and request a copy.

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: What does it mean when a realtor says the estate hired them to sell my house
Nina Whitehurst
Nina Whitehurst answered on Nov 11, 2021

It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.

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1 Answer | Asked in Probate for Arkansas on
Q: Parents died and left a home. There is not a will. We pay taxes on the home. Do we have to go to probate court?

We need to insure the house but there is no legal owner. How can we gain ownership of home?

Anthony M. Avery
Anthony M. Avery answered on Aug 26, 2021

If the Parents actually owned the property, then one or both Parents' Heirs At Law own the property now. Hire a competent attorney to search the title and draft/execute an Affidavit of Heirship. When recorded that will be the heirs' source of title.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas on
Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2021

More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: Wife not beneficiary on husbands ESOP, can she challenge it?

My mother isn't listed as a beneficiary on my deceased father's ESOP, as stated by the company. Before he passed he told her that she was over everything. The company has not been very straightforward with us and she wants to try to challenge the beneficiary designation.Is there a certain... Read more »

Dustin A. Duke
Dustin A. Duke answered on Aug 8, 2021

More information is needed in order to fully answer your question. However, if there is no beneficiary listed on the account, and the company has no policy to the contrary, then the assets would go into your father's probate estate and would need to be probated before they can be distributed... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law and Probate for Arkansas on
Q: There exists property owned by 2 families. 1 family has never paid taxes. A prospective buyer made an offer to purchase.

Many members of the family who doesn't pay taxes cannot be located. How can this be sold with a clear lien so that the taxpaying family can proceed with the sale? The offer was made in 2020.

Anthony M. Avery
Anthony M. Avery answered on May 26, 2021

You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My mother had a revocable trust listing only myself as beneficiary, but having issues transferring assets.

How do i transfer the titles of her assets; homestead, bank accounts, etc. Some titles have transferred (automatically?) , but some have not. I thought probate court was avoided by having a rev. trust. Any help would be appreciated.

Nina Whitehurst
Nina Whitehurst answered on May 19, 2021

Assets that were in the trust when she died pass according to the terms of the trust. Assets that were not in the trust pass according to the terms of the will using the probate process. What you seem to have is a partially unfounded trust, which is less than ideal because it does not completely... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Can my family go to probate court again to have an administrator appointed after the death of our administrator?

My grandfather died in 1983 and subsequently our probate court appointed administrator (my uncle) has since died over ten years ago, in 2010.

Don Spears
Don Spears answered on Apr 7, 2021

Yes. You will need to file a petition to appoint a substitute administrator.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: How can I get legal transfer of diseased mother's home.

My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 5, 2021

You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Does a Letter of Administration give immediate access to deceased personal bank acct without probate or small estate?

My dad died almost a month ago without a will. His estranged wife isn't communicating with me about the affairs of his estate since we received death certificates. They were separated (not legally) and had not lived together for 5 years. His personal bank account was solely in his name and had... Read more »

Brandon M Haubert
Brandon M Haubert answered on Nov 3, 2020

You need to open a probate. You will most likely need the court to render a decision on who gets the money and probably go through the discovery process to figure out what happened with the money. The small estate affidavit process does not work in contested matters. She may have already filed a... Read more »

1 Answer | Asked in Child Custody, Estate Planning and Probate for Arkansas on
Q: I am a single parent of a 13 year old whom father has passed away. I'm in my late 50's and was wondering what kinda

Of paper work I need to fill out to if I was to die before she 18 to make sure she stays with my sister and not go to foster care.

THANK YOU VERY MUCH T HARVEY

Dustin A. Duke
Dustin A. Duke answered on Sep 2, 2020

You could designate your sister as a preference for guardian for your daughter in a Will. If you need assistance in drafting a will or other estate planning documents feel free to reach out to me.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Arkansas on
Q: My grandmother died and I’m the only grandchild her husband is selling the house I haven’t received anything

She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will

Dustin A. Duke
Dustin A. Duke answered on Jul 23, 2020

First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Can we use "small estate" probate after my mother died without a will?

My divorced mother died intestate, and my sister and I are her only heirs.

We have obtained her credit reports and determined that aside from one small collection, her only debt is the mortgage to the home we would inherit jointly had she made a will, as that had always been her intent.... Read more »

Dustin A. Duke
Dustin A. Duke answered on Jul 10, 2020

If the mortgage is your mother's only debt and the value of her estate after the balance on the house note is subtracted equals $100,000 or less, then you should be able to file the small estate affidavit. However, be aware that if your intent is to sell the home, most title companies will... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: I am a home health aid to a client who is living on her deceased grandfather's land that is in probate.

She is supposed to be on the will. Can other members of the family go to court without notifying my client?

Don Spears
Don Spears answered on Jun 29, 2020

Every beneficiary in a will must be notified.

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: I am a beneficiary having issues with personal representative, should I contact his attorney or get a attorney myself?

My brother was a resident and died in Arkansas in 2014, leaving no known will. No wife or children. 3 siblings and one was appointed personal representative.He lives and works in Arkansas and bond was also waived. Have never been provided any documentation of estate, real estate property has been... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 29, 2020

You definitely need your own attorney. The other attorney does NOT represent you.

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1 Answer | Asked in Probate for Arkansas on
Q: fiancé passed away, we lived together but the house is in my name is any of his belongings inside my home up for probate
Nina Whitehurst
Nina Whitehurst answered on Jun 20, 2020

Anything your fiancé owned wherever located is part of his probate estate. Some assets bypass the probate estate such as assets held in joint tenancy with another person with right of survivorship and assets with designated death beneficiaries. It would not have been possible for him to designate... Read more »

3 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: What is probate,

Yes was left a home in a Will but having trouble getting deed what do I need to do and don't know what probate is

Stewart Whaley
Stewart Whaley answered on Jun 16, 2020

Probate is a court process that allows property to transfer to an heir or beneficiary after someone dies. A deed to land can be issued by the personal representative during the probate process. If you would like to talk about your case to determine whether probate is needed in your situation,... Read more »

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