Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need...View More
My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... View More
Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.
More details would be needed because this is not a clear cut answer. I can say Arkansas does not recognize common law marriage. However, I wouldn't give up just yet. It depends on when the property was acquired (during the 14 years or after). Did your partner have a will? Do your partner have...View More
It is doubtful the so called beneficiary deed has the language and execution requirements of an AR Will. Consult with an AR attorney, but Mother's heirs probably take real property as tenants in common if more than one.
My mother passed with a beneficiary deed that wasn't filled. Her house was intended to go to me. theres no exexcutor, i am acting on her behalf. zillow states the value is 126,000. can an appraiser be used to devalue the house below the 100,000 limit of Arkansas small estate probate limits to... View More
What did your Father die owning? You are probably the Heir and Next of Kin, but if there is little property, then Administrating his Estate with Letters is a waste of time. If there is property, hire a competent AZ attorney to represent you.
Hi my grandmother passed away back in 1993. My father her eldest son moved in her home and lived there for 24-25 yrs until his death in 2014. He never probated property due to being unable to locate her will. However, the whole time he lived on property he did perform upgrades by adding a pond and... View More
I am a widow with one adult child. I recently moved from Michigan to Arkansas to be near my daughter. I have a will that was filled in Michigan which leaves everything to my daughter. Since I have sold my home in Michigan and purchased a new home in Arkansas, must I have my will rewritten? And is... View More
You do not have to have a new will however if you have the time and resources, and depending on when you executed your current will and the age of your daughter, I do not think it hurts to contact an Arkansas attorney to discuss your concerns and get your questions answered. Good luck.
My mom passed away from cirrosis in June and the insurance company denied her claim. Since then My step-dad was trying to be in control of paying the medical bills but he is elderly and received a collection notice from one doctor which means he's missed some of the bills. I'm the... View More
You need to discuss your options with an Arkansas probate lawyer. Your mother's estate may be insolvent and the bills may not need to be paid. The house may be protected depending on how it was titled. You need to discuss your options with a lawyer. You probably are not liable for any of the...View More
There is no law that obligates the creator of an irrevocable trust to put anything in it, but A trust with nothing in it is a waste of effort. Creating and finding irrevocable trust or not do it yourself projects. You really should hire an experienced estate planning attorney to help you with...View More
I was supposed to receive an inheritance. My mother claims that I cannot receive that until my grandmother passes away. My brother received a new truck and boat that I’m aware of. Is she lying to me ? I have a distant relationship with my mom, but it just seems as though she is flat out lying to... View More
If it was never funded, unless there is something in the document or another document that compels you to fund it, then yes you can create a new trust. Depending on your situation and the language of the current trust, it may be able to be amended as well.
It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.
The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... View More
More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.
My mother isn't listed as a beneficiary on my deceased father's ESOP, as stated by the company. Before he passed he told her that she was over everything. The company has not been very straightforward with us and she wants to try to challenge the beneficiary designation.Is there a certain... View More
More information is needed in order to fully answer your question. However, if there is no beneficiary listed on the account, and the company has no policy to the contrary, then the assets would go into your father's probate estate and would need to be probated before they can be distributed...View More
A "Health-Care Power of Attorney" is what you need and it is specifically authorized in statute by most states. It should be HIPAA compliant, and cover any and all medical prodedures and contingencies.
A "Health Care Directive" or "Living Will" is a narrower...View More
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...View More
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