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Arkansas Real Estate Law Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for Arkansas on
Q: my mothers estate has been filed in Probate. we have sold the house now who handles the money and pays bills

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

Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

The person in charge of the estate. Was someone appointed as personal representative (executor or administrator)?

1 Answer | Asked in Real Estate Law, Collections and Divorce for Arkansas on
Q: I need a attorney to file a lis pendens for me.

I received a judgement against my husband in divorce for $17,000.i filed it with the county clerk so that if he sold any property it would show up like a lien. He did a quick claim title over to another guy for a house he owned. I want my money and want to file a lis pendens so that nothing can be... Read more »

Brandon M Haubert
Brandon M Haubert answered on May 22, 2017

You need to contact an attorney and send him all the paperwork to look over. Then they can help you.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Can a heirship affidavit be used right after a death, or does a certain amount of time have to pass?

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... Read more »

Brandon M Haubert
Brandon M Haubert 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... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Hi! My sister and I inherited a property and I would like to divest but she would like to retain ownership.

I'm a California resident, my sister is Colorado resident, and the property is in Arkansas. She can't afford to buy me out so I was wondering what my options are.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 16, 2017

You may need an Arkansas licensed lawyer to handle the property ownership transfer and record the deed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My wife still owns property In Mount home Arkansas with her ex husband, but the mortgage is in her name. He is selling

He asked for a quit deed which she did to get the property out her name. What happens next

Don Spears
Don Spears answered on Nov 10, 2016

If she gave him a Quitclaim Deed to the land and he filed it of record in the Circuit Clerk where the property is located, she is not entitled to any proceeds from the sale of the land. When the sale happens, the outstanding mortgage will be paid in full and she will no longer be liable to the... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My stepmom signed a disclaimer to any and all of my deceased fathers assets.

There is a trust done as well and we thought the last two houses would be included in that trust. The lawyer found that her name is on the last two houses on the deeds. He says she now owns them outright. They also had an agreement when the houses sell, then my dad got back any and all money he put... Read more »

Don Spears
Don Spears answered on Nov 10, 2016

The attorney handling your father's estate should be able to advise you on this. He is correct that, if your dad and stepmom's names were on the deed and they were married, the real estate now belongs to her solely. You should ask your attorney about drawing up some kind of family settlement... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Arkansas on
Q: What can I do if I purchased a house through an owner finance and the owner has filed bankruptcy?

Purchased a house through owner finance with a contract for sale through the title company. I gave the owner a 5k down payment 1 year ago. No I find out she has filed bankruptcy. I'm not sure what to do. Can I get my money back or what? Please help

Terrence H Thorgaard
Terrence H Thorgaard answered on May 3, 2016

You need to see an attorney ASAP. Hopefully, your contract for sale was recorded. If so, you would be a secured creditor.

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