Get free answers to your Probate legal questions from lawyers in your area.
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... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2017
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... View More
This concerns my wife's brother. She currently has a Power of Attorney for medical. Doctors have given him 30-90 days to live and is heavily sedated. There is no will that the family is aware of.
answered on Sep 30, 2017
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2017
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... View More
Father pasted two years ago and mom never remarried and I'm an only child. Does she need a will if I'm on everything but the house that still has a mortgage? She only has a retirement acct, bank acct, car paid off, jewelry and the house. She has already paid everything to be laided by... View More
answered on Sep 3, 2017
She will need to create a beneficiary deed and/or a trust to avoid probate, even if you will be her only surviving heir.I would suggest that she meet with an estate planning attorney to go over all of her options for avoiding probate.
To take care of distribution among her other children? Is probate necessary?
answered on Aug 8, 2017
If the life insurance policy named a beneficiary, that beneficiary may only need a death certificate. If it named no beneficiary or named the estate, contact a probate lawyer in the county where she died or held real property and apply to probate her estate.
Father passed away 2/23/2017. His will was changed in 2014 and he had already been diagnosed with dimintia. He was put in assisted living that was not qualified to care for him and he made the decision that led to his death in the hospital when he didnt even know who i was. My brother the primary... View More
answered on Jul 31, 2017
Use the Find a Lawyer tab to consult a probate attorney in Arkansas in the location where your father lived. You will need to find the original signed will. Any family member, a creditor, or the person named as executor can usually open the probate case. Check with an Arkansas attorney.
answered on Jun 8, 2017
Yes, if it fits the requirements of a holographic Will.
28-25-104. Holographic wills generally.
When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible... View More
answered on May 25, 2017
The will cannot be probated if it is 5 years after the date of death of the decedent. Depending on what type of assets they are - land, bank account, cars - you can use different documents to transfer the interest. You should contact a lawyer to assist you.
we were under the impression the closing lawyer would handle paying the estate bills. We need to know what the legal process is now that house is sold to disburse the money to pay all debts before dividing the remaining.. My sister and I are co executors
answered on May 22, 2017
The person in charge of the estate. Was someone appointed as personal representative (executor or administrator)?
They did file numerous motions culminating in a legal guardianship being granted to the grandparents and without the court ever one time in the whole procedure seeing the mother in court and has send all paperwork to the wrong address knowingly so the mother would not be informed of the proceedings... View More
answered on Apr 19, 2017
The guardianship laws in Arkansas have changed in the last few years. Terminating a guardianship is a lot easier now. Contact an Arkansas attorney to discuss. The law is now on the side of a parent who is fit to care for the child. If that parent consented to the guardianship, it helps also.... View More
There is no will and this person is in no way someone that inherits anything based on Arkansas's state law. And the heirs that will be a part of the probate process do not want this person in the home or on the property.
answered on Apr 3, 2017
Do they inherit under the will? They most likely should pay rent, but a court would look to see if it is best for the estate for the person to live there.
My father passed away without a will. He has two adult children and is not married. His estate is under 100,000. Is it better to use a small estate affidavit or heirship? We know that the small estate affidavit requires a 45 day wait period, but can not find anything regarding a timeframe for... View More
answered on Apr 3, 2017
Yes, if you the children are getting along. If the people are not getting along the affidavit can cause some problems. Also, you must read the affidavit and make sure the estate qualifies - there is more to it than the estate being less than $100,000. No, you can not use it right away - 45 days as... View More
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.
will and is trustor of the trust. Do we need to file anything with the state?
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.
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.
Will can. She dies can her kids get money from his land when s old
answered on Mar 14, 2017
Yes, she will inherit the land from him. It will go wherever she says, she can sell it, she can give it to her kids.
Cousin had my legal guardian (my aunt/adoptive mom) change her life insurance beneficiary to herself about three months before she passed from cancer then stole all of my insurance money and I lost everything because my mom had just died basically. My cousin lies and swears she didn't get ANY... View More
answered on Feb 15, 2017
Contact some lawyers and hire the one you like best. Many offer free initial consultations. Good luck.
The agreement had successors in interest. My brother died before Mama. Does his portion of assets revert back to Mama or does it go to his wife which he had no children with?
answered on Jul 19, 2015
Sorry for your loss. Depends on what estate planning, if any, he has in place. Best to check with an Arkansas probate lawyer to be sure.
answered on Jul 16, 2011
The answer depends on facts that you didn't provide. If you can provide more details about the owner, the home, the owner's heirs, and the owner's Will then it might be possible to answer. A probate is not always required or necessary to transfer real estate from an estate but it... View More
answered on Jul 16, 2011
In Arkansas, if a probate is filed then all documents filed in the probate, including a Will, will be publicly available from the county clerk. By law if there are over $100,000 in assets in a probate estate then a probate must be filed. If the probate estate is smaller then a probate may not be... View 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.
