My step-mother died 11 years ago and I am now being asked to file her will so that a probate process can be initiated. This sounds "iffy" to me.
In Arkansas you have five years from the date of death of the decedent to Open a probate estate for the deceased individual and to file their will for probate. After the five year deadline has expired, You can no longer file the will for a regular probate proceeding. After the expiration of the... Read more »
The Arkansas lawyer appointed as my aunt's executor upon her death has NOT closed either of their estates. They were simple cases, with simple wills, with minimal moneys and little property involved. The wills were followed per each of my Aunt and Uncle's wishes. The Arkansas lawyer... Read more »
File a complaint with the State Bar of Arkansas.
I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?
Only he can convey out his interest in the real estate.
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 »
If that what they wanted but don’t have a will
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... Read more »
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... 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 »
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 »
Can creditors still submit claims after the end probate date? No will and property owned was less than 40,000.00 probably less than that amount.
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 »
The deceased resided in Arkansas
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 »
Most states have what they call an affidavit of heir ship that you can fill out showing you as the heir. I am assuming that your uncle gave you the car by will?
If you are the sole heir and only child you may be able to do an Affidavit of Small Estate.
Yes.
We only have a house which we still owe for.
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.
Does the wife have the rite to everything or does it go to the child?
It depends on how it was owned. If it was in the ex-husbands, the child inherits. Get a lawyer and protect the kids rights.
No, you’re thinking of adverse possession. I suggest consulting an attorney because title issues can be complicated.
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... Read more »
We signed the deeds over to my sister, the lawyer prepared the deeds and filed them, the accessors office shows that my sister is the owner. How can she not own the home?
If what you signed is indeed a 'quick' claim deed, they are saying it is wrong because that thing does not exist.
Quit claim deeds (which do exist) can also have issues, such as a typo in the legal description, or a missing term. WHY is the title company claiming the deeds... 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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
