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.
My aunts in charge of distributing in will (she lives out of state) , it got out probate in August. I haven’t heard anything since then. Do I need to hire a lawyer? I’ve already been told my name is in the will, haven’t been told anything else. I don’t really know much about this stuff... Read more »
You can walk into the probate court and ask to see the file. In there you will see the will, which you can read. You can also read up on what happened in the case. Look for the final order of distribution, which states who got what.
If the court is too far away, you can hire a local...Read more »
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 understand the...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 are... 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 representative...Read more »
His will state that the money from the sale of the home go into a trust for 3 of his granddaughters. As the executor of his will and the executor of the trust could I sell his home and put the money into the trust, or would I need to get the home put into my name in order to sell it?
You need to file a probate action to be able to distribute his property according to the will. Being named executor in the will means nothing until a court admits the will to probate and appoints you as executor. Then you can file something to sell the house and put the proceeds into a trust for...Read more »
There is usually a deadline for submitting creditors’ claims before the end of the probate proceeding. The primary exception is that the claim cannot be cut off unless the creditor was given notice and an opportunity to be heard. If the Executor/Administrator mailed notice or gave other...Read more »
If the estate qualifies as a small estate, then you can settle without opening an estate account. Under the small estate statute items should be delivered to the affiant and the affaint is liable as a trustee to the other heirs and devisees. It also is a practical problem of dealing with banks and...Read more »
My uncle hired a lawyer on his own to appoint himself administrator of parents estate. My mom and aunt then hired a lawyer to petition against him. Judge appointed a unbiased administrator who just happens to be prosecuting attorney for county. The probate was final in court. The estate paid the... Read more »
If you and your husband were both named on the deed to the property, as his surviving spouse, the land is yours. If you were not, you should see an attorney who can advise you on how to go about getting title to the real estate.
The house is in his name only, but he filed a quick deed a few years ago so she could have half of the home if they were to split up. He desperately needs to sell their home because he cannot afford the payment without her income, but he is afraid. She has a car and bank account in her name only.... Read more »
Who prepared that 'quick deed' (I assume you mean a quit claim deed) and how was it titled? Do it yourself property planning like this is dangerous at best, and that deed may have just forced your father into Probate because he didn't understand what happened. Ideally an attorney prepared that deed...Read more »
The lot is worth $2000 and he owes around $220 in back taxes. We are NOT probating his estate because he does not have enough assets to warrant a full probate. Can the lot be sold? Is it worth the time and money to try to recover or sell the lot? Do I just allow the property to revert to the... Read more »
In my opinion, your decision should be based on economics, not legal factors. As you already recognize, it may not be worth the expense to do anything. In order to sell the lot, you would have to file the paperwork to administer his estate in order to get legal authority to sign the sale deed, and...Read more »
my mother died in may she owned a house and some land in ulm ar prairie county, but the home she owned her sister lives in and the truck my mother owned her sister has, The house my mother lived in is in her sister name and the car my mother drove is in her sister name my mother's home and truck... Read more »
You should see an attorney right away to first find out if the value of your mother's estate is such that an Affidavit for Collection of Small Estate could be filed instead of a full probate matter. Once that is determined, the attorney can assist you in filing the correct documents. If you are...Read more »
If a person is incoherent he can't sign a PoA. If he IS aware and able to understand 10% of the time and HE wants to grant a PoA or do a will or whatever, then HE can direct that be done. But he not only needs to be coherent when he asks for this but again when the documents are presented for his...Read more »
As long as you do not contest the appointment of the proposed person to be the administrator of the estate and you trust them to distribute the assets of the estate according to the wishes of the deceased or according to state law if there is no will, it is certainly a standard practice for you to...Read more »
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