How do i transfer the titles of her assets; homestead, bank accounts, etc. Some titles have transferred (automatically?) , but some have not. I thought probate court was avoided by having a rev. trust. Any help would be appreciated.
Assets that were in the trust when she died pass according to the terms of the trust. Assets that were not in the trust pass according to the terms of the will using the probate process. What you seem to have is a partially unfounded trust, which is less than ideal because it does not completely... Read more »
The home, in Poinsett County, is not in a safe area and the attorney that wrote the will already told us we need to remove anything valuable and put it in a safe place (people are already breaking in and stealing items). We would not be prematurely splitting assets - only moving them to a secure... Read more »
You have already obtained sound legal advice.
Power of attorney is the principles sister. She has completely gone above and beyond morally. Principle had surgery to see how far colon cancer has spread, he verbally told his daughter (a roommate) that her aunt will keep them posted about his surgery. Surgery was on 1/12/2021 and from that time... Read more »
You might have to go to court to have a guardian appointed for this individual. Guardianship will override (revoke) the power of attorney.
Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.
My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »
Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.
My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »
Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.
My dad died almost a month ago without a will. His estranged wife isn't communicating with me about the affairs of his estate since we received death certificates. They were separated (not legally) and had not lived together for 5 years. His personal bank account was solely in his name and had... Read more »
You need to open a probate. You will most likely need the court to render a decision on who gets the money and probably go through the discovery process to figure out what happened with the money. The small estate affidavit process does not work in contested matters. She may have already filed a... Read more »
Of paper work I need to fill out to if I was to die before she 18 to make sure she stays with my sister and not go to foster care.
THANK YOU VERY MUCH T HARVEY
You could designate your sister as a preference for guardian for your daughter in a Will. If you need assistance in drafting a will or other estate planning documents feel free to reach out to me.
I would keep an eye on any mail that comes in his name. Most likely they will mail him something at some point at which time you can contact them. Also look for any estate plans that he has in his home perhaps in a safe or filing cabinet. If he has an estate plan you can also try to contact the... Read more »
She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will
First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... Read more »
My divorced mother died intestate, and my sister and I are her only heirs.
We have obtained her credit reports and determined that aside from one small collection, her only debt is the mortgage to the home we would inherit jointly had she made a will, as that had always been her intent.... Read more »
If the mortgage is your mother's only debt and the value of her estate after the balance on the house note is subtracted equals $100,000 or less, then you should be able to file the small estate affidavit. However, be aware that if your intent is to sell the home, most title companies will... Read more »
It depends on whether you are concerned about your taxable estate, your probate estate or your non-probate estate. The answers are all usually quite different. In general, your taxable estate consists of everything you owned at the moment of your death plus things you gave away within three years... Read more »
Whether the will needs to be probated depends on what was in your father's estate at the time that he died. If the estate had property that was only in his name and that did not have beneficiaries listed, then the will may need to go through the court process known at probate. If your... Read more »
My brother was a resident and died in Arkansas in 2014, leaving no known will. No wife or children. 3 siblings and one was appointed personal representative.He lives and works in Arkansas and bond was also waived. Have never been provided any documentation of estate, real estate property has been... Read more »
You definitely need your own attorney. The other attorney does NOT represent you.
Will I need to get a lawyer for this matter if she takes me to court? My fiancé bought it for me and if he would have lived we would be married.
If it’s listed in the inventory, the executor is telling the court it’s owned by the estate. If you believe it belongs to you a claim must be filed so the court will be aware of the issue. There are strict deadlines that must be met or you will lose the ring to the estate permanently.... Read more »
Yes was left a home in a Will but having trouble getting deed what do I need to do and don't know what probate is
Probate is a court process that allows property to transfer to an heir or beneficiary after someone dies. A deed to land can be issued by the personal representative during the probate process. If you would like to talk about your case to determine whether probate is needed in your situation,... Read more »
Trustees has passed away. Do I need to take the original Trust to a lawyer to have the Trustee changed or can I make the change and both of us sign and have notarized. Our attorney lives 5 hours away and we would like to get this done soon. Thank you.
If your son was not named a Successor Trustee, then you would need to amend the Trust. It is highly recommended that you seek legal advice to make this change correctly. If you are only changing a Trustee, most estate planning attorneys would likely make that change relatively cheap.
The lien will affect your ability to obtain financing to build. The lender will require that the lien be released.
Also, if you don't pay off the lien, the lienholder can foreclose its lien, thus eliminating your ownership of the property.
Finally, if you need to grant any... Read more »
The land is in Arkansas and is heir property.
If the real property (land) in Arkansas is “heir” property, the most common understanding of that term is that title to the land is still held by a person who is deceased. For whatever reason, no type of probate, or other proceeding, ever conveyed or transferred title to the property into the... Read more »
Husband (his son) last son....but his dads sister Carolyn is getting death certificates so she can sell the rest of his dads property! She already gotten rid of the house and we didn’t get anything
It sounds like a probate case has been opened and your husband's aunt has been appointed as executor. It is not unusual for estate property to be sold but for the distribution to take place much later to allow time to sort through and pay creditor claims. However, if the estate is in fact... Read more »
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