Get free answers to your Estate Planning legal questions from lawyers in your area.
My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached
answered on Mar 20, 2024
An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More 
There are a lot of details and it's because of the corruption in the town and my family members
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answered on Jan 14, 2024
To initiate the probate process for your grandmother's will after a delay, you can file a petition with the probate court in the county where your grandmother resided at the time of her passing. This action can be taken even if other family members are reluctant or refuse to do so.
In... View More
I am the general administrator but the judge is hiring an estate administrator. Does the appointed lawyer get paid by the state or the decedent's estate?
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answered on Nov 18, 2023
In Arkansas, when a court appoints an estate administrator, typically a lawyer, their compensation is usually paid out of the estate's funds. This means that the payment for their services comes from the assets within the deceased's estate, not from the state.
The amount an... View More
My mother-in-law, who resided in Arkansas, recently passed away, and my husband is listed as the Trustee of her family trust. The trust was originally established by her late husband in 2000 and is a revocable trust. She also had a last will and testament, which states that everything should be... View More
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answered on Mar 10, 2025
When your mother-in-law passed, the trust became irrevocable. Consequently, you do need to obtain a tax id number for the trust.
My grandparents own a piece of land in Arkansas that they want to gift to my brother. There is no existing mortgage or will/trust affecting the transfer. What steps do we need to take to change ownership to his name?
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answered on Feb 23, 2025
Grandparents hire an attorney to draft a Deed to the Brother. A Mo attorney could draft it if he is careful, or hire an AR attorney in the respective County. Then you execute it and record it. It could be a life estate, remainder Deed.
I recently discovered that my stepmother omitted me and my sibling, the first and second born children of my deceased father, from her obituary announcements and estate matters. She managed to leave my father's homestead to her adopted son after my father passed away. Unfortunately, we were... View More
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answered on Feb 20, 2025
Hire an AR attorney to advise and represent you on this.
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answered on Nov 8, 2024
If you were never convicted of a Felony, then inform the Probate Court by a response in writing or in Court. Being the Executor may not be worth the trouble, but if you want the fiduciary position inform the Court.
Adding adult child to property
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answered on Jul 18, 2024
Hire an AR attorney to draft the deed. Your answer could be yes or no as it depends on what type of estates are created by the transfer.
There’s 5 heirs to a small plot of land.. 3 of which don’t want anything to do with it so they agreed to sign their part over..can a notarized, witnessed statement be legal binding? need it just till we can pay an attorney to file all the paperwork..
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answered on Apr 1, 2024
Your agreement is unenforceable, as land is usually transferred by deed or heirship. Hire an AR attorney to search the title and draft a deed for the three heirs to convey to the other two as tenants in common.
both have adult children from other marriages
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answered on Mar 1, 2024
Hire an AR attorney to search the title and determine heirship, possibly recording an Affidavit of Heirship.
My father would like to see a copy of his parents trust, both parents have passed away.
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answered on Sep 26, 2023
Generally, heirs have a right to see a copy of the trust after the grantor has passed away. You usually don't need a lawyer to request a copy, although having one might facilitate the process if the trustee is uncooperative. The trust document should specify which beneficiaries or heirs are... View More
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answered on Sep 26, 2023
In Arkansas, the time frame for contesting an irrevocable trust depends on various factors, including the specifics of the trust document and Arkansas state laws. Generally speaking, you may have a limited time after you've been notified of the trust or its terms. If you suspect that the trust... View More
It was the weekend and we werent able to get a notary to come out. Witnesses ( family and heirs/beneficiaries ) will all attest to the validity of the deed.
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answered on Sep 18, 2023
Even if you find a notary familiar with the Decedent, he is not going to backdate his notarization. That incomplete Deed is not eligible for recordation.
She did not have a will. can this be used as a will.
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answered on Sep 11, 2023
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
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answered on Sep 11, 2023
Administrator can value Estate assets. An appraiser's value is just his opinion. If the Probate Judge does not like it, he will let him know, and then regular Probate will be required.
With me. I currently live in the home.
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answered on Jul 25, 2023
Hire an AR attorney to search the title and determine heirship. Then get an Affidavit of Heirship drafted and recorded as the heirs' source of title.
My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.
answered on May 23, 2023
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
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answered on Mar 27, 2023
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.
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
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answered on Jan 18, 2023
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.
Person lived with partner for 14 years but never married.
answered on Aug 15, 2022
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
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