In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have... View More
A conveyance to a family member with a correct legal description based upon adverse possession with color of title might work to get it sold later. You need a good lawyer, not a title company. Keep in mind your title is not going to be perfect as the correction deed should have been executed...View More
You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must...View More
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
Dad passed in 2015. Girlfriend has contacted me this week wanting me to sign a quitclaim deed so she can sell this property. Do I have any rights to my Dad's portion of this property? Would the deed say heirs on it.? Right now the county tax accessors has it listed with her name- and his hame... View More
Hire a competent AR attorney to at least read the Deed. It is very possible that you own an one/half undivided interest as a tenant in common. But someone needs to determine the title. If you are one of the two owners, then agree to the sale and do not sign a Deed until you are paid half the...View More
Bill of Sale is not a conveyance. Suing for Specific Performance will cost some money. Call AR attorneys who handle property litigation. A Partition suit is probably your best option, and hopefully the lawyers can get paid from sale proceeds.
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
Will was created with a trust to be established and a bank named as trustee due to possible mental capabilities of only child. However full financial POA was given to only child 12 years after said will was created but never introduced to the courts. POA was registered with circuit court clerk... View More
It is not possible to give you definitive answers without reviewing the actual instruments to which you refer. Sometimes people mischaracterize documents because they do not understand what they actually are.
As a general rule, however, POAs expire at the death of the principal, and...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
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