Arkansas Estate Planning Questions & Answers
Q: How do I pay my deceased mom's debts?
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 »
Q: If your are married and both spouses own everything and one dies does everything automatically go to the other spouse if
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 »
Q: Keep it out of probate?
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 understand the... Read more »
Q: My father died recently, and my stepmom is not cooperating with our wishes. No will. Who decides how property is split?
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 are... 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 representative... Read more »
Q: are online POA forms legal in Arkansas?
He is presently in rehab unit at hospital and I usually write his checks out and he signs them, but he is not able at this time. Some of his bills are autopay from his checking but his mortgage and house insurance require payments sent to them. I don't want him to default on his mortgage.
If he is unable to sign checks, he may be unable to grant you a power of attorney. It depends on how bad his situation is. If you're in an emergency situation and he can't sign anymore, you may need to get an emergency/temporary guardianship to be able to take care of his affairs.
Q: If there is not a will in place, does the second wife or the son from the first marriage inherit the estate?
Both. If there's no will and the "decedent" (the person who passed) had a wife and adult kids, a portion goes to the wife and another portion goes to the kids. You have to file a petition to probate his estate to get the process started, though. If I were you, I'd hire an attorney ASAP to get... Read more »
Q: my dad is a disabled veteran and the RV park that he lives at is trying to kick him out because he pays his rent late
But it's not his fault even the Social Security office is called the RV owner and told them that it isn't his fault that he receives his check late are they allowed to do this or not
The rent is due whenever his lease agreement with the RV park says its due. Doesn't matter why it's late. I would try and reason with the RV park. Obviously your dad is going to get a check every month if he's receiving Social Security disability, so there's no danger of him not being able to... Read more »
Q: Can I buy a house in my son’s name (11yrs old), so that husband cannot take over half of this asset, in case of divorce?
My son is my husband’s step son, and my husband mistreats him and I want to secure something for him, that’s not in my name, so my husband doesn’t take advantage of the situation
Are you buying the home with marital assets? If so, it is marital property even if you buy it for your son. Consult an estate planning attorney.
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.
Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?
Q: What document is needed to make an amendment to the trust to add a successor trustee?
There are mutual funds under one account and one property. The successor trustee already has the certification of appointment of successor trustee for the mutual funds but there has not been any amendment made to the trust.
You may not need an amendment to do so, if the successor was named in the original trust.
Q: I live in Ark. If my husband dies without a will does everything of his go to his children before his spouse?
No. First, you have to see how everything is titled. If it was titled as husband as wife, then it will go to you before his children. If it was in his name and he had named beneficiaries, then it will go to the beneficiaries. If it was in his name without beneficiaries, then it will go to his... Read more »
Q: My mother died 1.5 years ago. Before she died, she transferred her money to my older sister to pay bills since my mother
Was placed in a nursing home...no will or legal papers drawn up. Now, sister will not divide estate to me aND my brother. What is the recourse?
If her estate is worth less than $100,000.00 then you could file an Affidavit for Collection of Small Estate.
Q: Is it possible to include a health care direction as part of my will, or must they be drafted as separate documents?
Think about this. A will is effective only after you have died. Will medical direction be useful then? Of course you need a separate document!
Seek a local estate planning lawyer to both prepare a valid Will and valid Powers of Attorney and / or Medical directives to insure your wishes are... Read more »
Q: If I'm an only child and no spouse, does my mom need a will?
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 my dad.... Read more »
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.
Q: My husbands mother died in Arkansas in 2012 & we live in texas. How do we get named executor to get the life insurance
To take care of distribution among her other children? Is probate necessary?
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.
Q: My mother wants to leave her house to my wife and I. What is the best way to do this to ensure her wishes are honored?
She has asked us to move in with her to care for her until her death. We will be responsible for paying the bills, upkeep and repairs (which could be quite costly) on the house. I also have a full sibling (who has agreed to this arrangement) and 4 half-siblings who have no contact with my mother.... Read more »
I would suggest contacting an attorney who deals with estate planning and trusts. She will probably want to have both a trust and a new will.
Q: If all beneficiaries of an irrevocable trust agree, can 100 per cent agreement remove a current trustee in Arkansas?
It depends in the language in the trust. The trust could limit the trustee's removal. If you don't have a copy of the trust, you can request one from the trustee. Then go see a lawyer.
Q: Is an unwitnessed handwritten will valid in Arkansas?
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... Read more »
Q: Is there any way to make a dynasty trust good for only the oldest child born?
I have a good amount of land and do not want it split up and sold off, I want to keep it together. Is absolute primogeniture an option when setting up a dynastic trust?
There are ALL KINDS of alligators wading in the swamp you're discussing. GENERALLY you can make a trust to benefit as few or as many people as you want. But while that may be the short answer to your question, it misses the complications that may make any trust you create invalid or subject to... Read more »
Q: RE: Living Trust. Is there any recourse for a son not mentioned in inheritance. Must ALL kids be named?
One of my 2 sons has no contact with me, no one in family even has his phone number or address. I loaned him $ a few years ago and never received repayment. I figured that would be his share, so the rest is distributed equally, 25% for the four kids. He isn't named. Now I'm wondering if he... Read more »
ANYONE with a couple hundred dollars can sue if they feel aggrieved. YOUR job would be to eliminate as many possible arguments as possible. By failing to name someone who would otherwise inherit you've opened up an argument for him. He could say 'well mom/dad was getting old and they just FORGOT... 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.
