Lawyers, Answer Questions  & Get Points Log In
Arkansas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arkansas on
Q: If property is in husbands name and his death does his part pass to his daughter or to his widow
Vincent Gallo
Vincent Gallo answered on Jul 4, 2019

The language in the deed, as well as the terms of his will, will provide the answer.

1 Answer | Asked in Estate Planning, Family Law, Immigration Law and Real Estate Law for Arkansas on
Q: Where do I start

I am freaking out about my family .. ALL of my family. I'm worried about where everyone is and what exactly has happened to all of us. I gotta figure out the money thing so that I can get funding to my family that is locked up.

Rehim Babaoglu
Rehim Babaoglu answered on Jun 21, 2019

Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Arkansas on
Q: Can a bankruptcy stop a foreclosure/ eviction after it has been lost?

I have a (trailer) renter who was being faced with foreclosure back in may and lost. Well in June the same renter filed for bankruptcy. Now the mortgage company won't come for the trailer since it's in bankruptcy. Is there anything I can do?

Timothy Denison
Timothy Denison answered on Jul 11, 2018

No. It might slow it down temporarily, but only temporarily, especially where the property has already been lost.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Does a person have to pay taxes on property for 7 years before they can petition the court for a quiet title
Skye Martin
Skye Martin answered on Jan 27, 2018

No, you’re thinking of adverse possession. I suggest consulting an attorney because title issues can be complicated.

1 Answer | Asked in Probate and Real Estate Law for Arkansas on
Q: Title company is saying that the Quickclaim Deeds that myself and my cousin signed aren't good after 17 years.

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?

Kenneth V Zichi
Kenneth V Zichi answered on Dec 8, 2017

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 »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My mother died with will in Texas, she also has timeshare in Arkansas, how do I get timeshare signed back to company?

I am named the executer of her will and will be going to probate here in Texas where she resided. The timeshare company is willing to take back ownership but I do not know how to get legal papers, or what legal papers that will be needed for me to sign it back over to them. The timeshare is in... Read more »

Michael Hales
Michael Hales answered on Nov 29, 2017

Reach out to the timeshare's management company. They will prepare the documents for you to sign as executor. This should be fairly simple.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: A family member died recently & owns a lot in Arkansas but is behind on his taxes. Do I need to try to recover the lot?

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 »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 9, 2017

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 »

1 Answer | Asked in Real Estate Law and Foreclosure for Arkansas on
Q: Im facing eviction from foreclosure. My home did not sell to an individual. No papers served, but are attempted.

My loan is robo signed. I have a copy of no endorsement or notory. Just my name on a blank paper. Is it possible to stop eviction? Can attourney stop eviction?

Brandon M Haubert
Brandon M Haubert answered on May 23, 2017

Yes. You need to consult with a lawyer. You may be able to stop the foreclosure as well.

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... 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.

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.