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Arkansas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Arkansas on
Q: How do I get my grandmother's will probated after 2 years because my family will not do it

There are a lot of details and it's because of the corruption in the town and my family members

James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: How does the court appointed administrator for an estate get paid? Does it come out of estate money?

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning for Arkansas on
Q: Do it require a lawyer to request a copy of a trust? A heir whether included or excluded can see a copy, right?

My father would like to see a copy of his parents trust, both parents have passed away.

T. Augustus Claus
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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

1 Answer | Asked in Estate Planning for Arkansas on
Q: How much time do you have to contest an irrevocable trust in arkansas.
T. Augustus Claus
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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

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My friend's mother died without a will. She is an only child. What does she need to do to have the deed put in her name?

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.

Ryan Zapalac
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Ryan Zapalac
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

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Mom passed away 2019.I bought & occupied home from her & took over mtg pmts 2006.Never transferred ownership.What to do?

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

Nina Whitehurst
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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.

1 Answer | Asked in Estate Planning for Arkansas on
Q: Is there anyway to get a Beneficiary Deed (Transfer on death) accepted if it was not recorded prior to death?

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.

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Arkansas. My mother signed a beneficiary deed but we couldn't get it notorized and filed due to it being the weekend.

She did not have a will. can this be used as a will.

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: AR probate, zillow claims house is 126000 which is over the small estate limit. Can an appraiser claim its less

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Arkansas on
Q: How do I get the deed to my fathers house who has passed and my aunt who was my fathers last POA will not communicate wi

With me. I currently live in the home.

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My dad passed away without a will,not married ,and I'm the only child his girlfriend will not give me his things?
Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: What inheritance rights does one have if your civil partner dies.

Person lived with partner for 14 years but never married.

Donna Branch
Donna Branch
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

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Arkansas on
Q: How to transfer land title ownership when owner passed 30 yrs prior without will and no probate in Arkansas

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

Anthony M. Avery
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answered on Apr 11, 2022

You will need to hire an attorney to determine Heirship as the Heirs own the land a Tenants In Common. Then an Affidavit of Heirship will need to be recorded. And someone still needs to pay taxes.

1 Answer | Asked in Estate Planning for Arkansas on
Q: Must I draft a new will after moving to another state?

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

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 17, 2021

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.

1 Answer | Asked in Consumer Law, Estate Planning and Insurance Bad Faith for Arkansas on
Q: My mom passed away in June and incurred 250,000 dollars in medical debt. If I'm making payments can they take my home?

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

Brandon M Haubert
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Brandon M Haubert
answered on Nov 30, 2021

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

1 Answer | Asked in Estate Planning for Arkansas on
Q: Does a trust have to be funded? If so why and how?

Generally does a irrevocable trust have to be funded

I didn't find anything while research to do one

Thank ypu

Nina Whitehurst
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answered on Nov 30, 2021

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

2 Answers | Asked in Estate Planning, Collections, Elder Law and Probate for Arkansas on
Q: My grandfather passed away last year. My mother is executor of his estate. My grandmother is alive. He had a will.

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

Nina Whitehurst
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answered on Nov 26, 2021

You can take a look at the will yourself. Go to the probate court and request a copy.

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1 Answer | Asked in Estate Planning for Arkansas on
Q: I live in Arkansas. I signed an irrevocable trust but it is not funded. Can I start over with another lawyer?

The reason is because I do not like the wording of the current trust.

Dustin A. Duke
Dustin A. Duke
answered on Nov 17, 2021

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.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: What does it mean when a realtor says the estate hired them to sell my house
Nina Whitehurst
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answered on Nov 11, 2021

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.

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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas on
Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

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

Anthony M. Avery
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answered on Aug 17, 2021

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.

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