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Arkansas Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Arkansas on
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.

Brandon M Haubert
Brandon M Haubert answered on Aug 28, 2019

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 »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
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

Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

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...
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1 Answer | Asked in Probate for Arkansas on
Q: My grandmother passed away in February of this year, my family is not close (2 uncles, 1 aunt, then my mom)

My aunts in charge of distributing in will (she lives out of state) , it got out probate in August. I haven’t heard anything since then. Do I need to hire a lawyer? I’ve already been told my name is in the will, haven’t been told anything else. I don’t really know much about this stuff... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 12, 2019

You can walk into the probate court and ask to see the file. In there you will see the will, which you can read. You can also read up on what happened in the case. Look for the final order of distribution, which states who got what.

If the court is too far away, you can hire a local...
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1 Answer | Asked in Estate Planning and Probate for Arkansas on
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.

Patrick R. Lee
Patrick R. Lee answered on Jul 26, 2019

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 »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
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 »

Patrick R. Lee
Patrick R. Lee answered on Jul 22, 2019

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 »

1 Answer | Asked in Probate for Arkansas on
Q: My father passd away in February. I am the executor of his will. Would I be able to sell his home as the executor?

His will state that the money from the sale of the home go into a trust for 3 of his granddaughters. As the executor of his will and the executor of the trust could I sell his home and put the money into the trust, or would I need to get the home put into my name in order to sell it?

Patrick R. Lee
Patrick R. Lee answered on Jul 17, 2019

You need to file a probate action to be able to distribute his property according to the will. Being named executor in the will means nothing until a court admits the will to probate and appoints you as executor. Then you can file something to sell the house and put the proceeds into a trust for... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: My brother passed in February and probate ended in November 2018

Can creditors still submit claims after the end probate date? No will and property owned was less than 40,000.00 probably less than that amount.

Ben F Meek III
Ben F Meek III answered on Dec 17, 2018

There is usually a deadline for submitting creditors’ claims before the end of the probate proceeding. The primary exception is that the claim cannot be cut off unless the creditor was given notice and an opportunity to be heard. If the Executor/Administrator mailed notice or gave other... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Can I settle an estate only using the small estate affidavit or do I need to get a new EIN and open an estate account?

The deceased resided in Arkansas

Brandon M Haubert
Brandon M Haubert answered on Oct 16, 2018

If the estate qualifies as a small estate, then you can settle without opening an estate account. Under the small estate statute items should be delivered to the affiant and the affaint is liable as a trustee to the other heirs and devisees. It also is a practical problem of dealing with banks and... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Can't get my car registration changed over due to my uncle not paying HIS lawyer. Probate is final through the court.

My uncle hired a lawyer on his own to appoint himself administrator of parents estate. My mom and aunt then hired a lawyer to petition against him. Judge appointed a unbiased administrator who just happens to be prosecuting attorney for county. The probate was final in court. The estate paid the... Read more »

Don Spears
Don Spears answered on Aug 30, 2018

Most states have what they call an affidavit of heir ship that you can fill out showing you as the heir. I am assuming that your uncle gave you the car by will?

1 Answer | Asked in Probate for Arkansas on
Q: My father died august 10. I am the executor and the only beneficiary of the will. He has 4 small lots. Does probate have
Don Spears
Don Spears answered on Aug 28, 2018

If you are the sole heir and only child you may be able to do an Affidavit of Small Estate.

1 Answer | Asked in Probate for Arkansas on
Q: Can an executor get paid by the estate that is in probate in arkansas ?
Brandon M Haubert
Brandon M Haubert answered on May 21, 2018

Yes.

1 Answer | Asked in Probate for Arkansas on
Q: My husband died last month. Do you have to file a will for probate?

We only have a house which we still owe for.

Don Spears
Don Spears answered on Mar 22, 2018

If you and your husband were both named on the deed to the property, as his surviving spouse, the land is yours. If you were not, you should see an attorney who can advise you on how to go about getting title to the real estate.

1 Answer | Asked in Probate for Arkansas on
Q: My ex husband passed away an we had 1 child. He remarried. Far as we know everything was in my exhusbands name.

Does the wife have the rite to everything or does it go to the child?

Brandon M Haubert
Brandon M Haubert answered on Mar 16, 2018

It depends on how it was owned. If it was in the ex-husbands, the child inherits. Get a lawyer and protect the kids rights.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Does a person have to pay taxes on property for 7 years before they can petition the court for a quiet title
Skye Martin
Skye Martin answered on Jan 27, 2018

No, you’re thinking of adverse possession. I suggest consulting an attorney because title issues can be complicated.

1 Answer | Asked in Probate for Arkansas on
Q: My fathers wife of 10 years just passed away. Can he sell their home and belongings without going to probate? No will

The house is in his name only, but he filed a quick deed a few years ago so she could have half of the home if they were to split up. He desperately needs to sell their home because he cannot afford the payment without her income, but he is afraid. She has a car and bank account in her name only.... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 16, 2018

Who prepared that 'quick deed' (I assume you mean a quit claim deed) and how was it titled? Do it yourself property planning like this is dangerous at best, and that deed may have just forced your father into Probate because he didn't understand what happened. Ideally an attorney prepared that deed... Read more »

1 Answer | Asked in Probate and Real Estate Law for Arkansas on
Q: Title company is saying that the Quickclaim Deeds that myself and my cousin signed aren't good after 17 years.

We signed the deeds over to my sister, the lawyer prepared the deeds and filed them, the accessors office shows that my sister is the owner. How can she not own the home?

Kenneth V Zichi
Kenneth V Zichi answered on Dec 8, 2017

If what you signed is indeed a 'quick' claim deed, they are saying it is wrong because that thing does not exist.

Quit claim deeds (which do exist) can also have issues, such as a typo in the legal description, or a missing term. WHY is the title company claiming the deeds 'aren't good'....
Read more »

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: A family member died recently & owns a lot in Arkansas but is behind on his taxes. Do I need to try to recover the lot?

The lot is worth $2000 and he owes around $220 in back taxes. We are NOT probating his estate because he does not have enough assets to warrant a full probate. Can the lot be sold? Is it worth the time and money to try to recover or sell the lot? Do I just allow the property to revert to the... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 9, 2017

In my opinion, your decision should be based on economics, not legal factors. As you already recognize, it may not be worth the expense to do anything. In order to sell the lot, you would have to file the paperwork to administer his estate in order to get legal authority to sign the sale deed, and... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: my mother died in may she had no will i want to know what to do to get her home and car and land in my name

my mother died in may she owned a house and some land in ulm ar prairie county, but the home she owned her sister lives in and the truck my mother owned her sister has, The house my mother lived in is in her sister name and the car my mother drove is in her sister name my mother's home and truck... Read more »

Don Spears
Don Spears answered on Oct 10, 2017

You should see an attorney right away to first find out if the value of your mother's estate is such that an Affidavit for Collection of Small Estate could be filed instead of a full probate matter. Once that is determined, the attorney can assist you in filing the correct documents. If you are... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Can a Power of Attorney be obtained without the individuals signature who is terminal and incoherent 90% of the time?

This concerns my wife's brother. She currently has a Power of Attorney for medical. Doctors have given him 30-90 days to live and is heavily sedated. There is no will that the family is aware of.

Kenneth V Zichi
Kenneth V Zichi answered on Sep 30, 2017

If a person is incoherent he can't sign a PoA. If he IS aware and able to understand 10% of the time and HE wants to grant a PoA or do a will or whatever, then HE can direct that be done. But he not only needs to be coherent when he asks for this but again when the documents are presented for his... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: I was asked to sign an entry of appearance, waiver of notice and accountings. Is this standard for an estate in probate?
Don Spears
Don Spears answered on Sep 27, 2017

As long as you do not contest the appointment of the proposed person to be the administrator of the estate and you trust them to distribute the assets of the estate according to the wishes of the deceased or according to state law if there is no will, it is certainly a standard practice for you to... Read more »

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