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Arkansas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arkansas on
Q: Spouse of deceased son was replaced in his mother’s will to inherit her son’s portion of estate. The property deed was

not changed into the spouse name (3 other children on deed). Upon the mother’s death, will spouse have to share her 1/4 of of the house sale with her adult children? Arkansas law applies. Thank you

Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.

1 Answer | Asked in Immigration Law and Real Estate Law for Arkansas on
Q: if land is co owned with a non citizen and non citizen gets deported will the Government take the land?
Adan Vega
Adan Vega answered on Mar 19, 2021

The following is one example where real estate is in jeopardy of confiscation:

A foreign national who has been deported can have real estate confiscated if the property has been used for illicit purposes involving controlled substances and the person has been charged and convicted for...
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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Hello, Does a quit claim or warranty deed require the signature of the grantee? And the reference. Thanks, Dwayne
Anthony M. Avery
Anthony M. Avery answered on Mar 15, 2021

No as it is the grantors who are conveying their estates. But the Deed must be delivered to the grantee, who also must accept it. These contractual requirements are often assumed until a legal problem arises. Sometimes grantees sign the valuation statements.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Does Arkansas law require the seller of a piece of land to disclose his or her marital status on the deed?

I purchased a piece of land from a widow who was the sole inheritor of the property. I prepared the deed myself and did not list her marital status on the deed. I am now trying to sell it through a title company and they said that, according to Arkansas law, her marital status must be listed on the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2021

Sell it to someone else with another Deed or change the Deed you already drafted. You probably need an attorney and list it with an agent.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: How can I get legal transfer of diseased mother's home.

My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 5, 2021

You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My husband passed in 2016. No children and his parents are deceased. How do I get my name in the deed.

The mortage company needs to confirm that I am the successor in order to modify our home loan. How do I get a deed in my name.

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Your dead Husband cannot sign a Deed. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship. The Affiant will be someone who knew him and his Family. Record the Affidavit as your source of title.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If I purchase an apartment building, do I have to honor any existing lease agreement in effect or can Impose my own.

Im buying a property with tenants that still have several months left in the previous owners lease agreement. Can I void that agreement with my own, or do I have to honor all the parameters of the previous owners lease?

Kevin J. Kuhn
Kevin J. Kuhn answered on Dec 15, 2020

As the new owner, you will be required to honor the existing lease agreements. Review the existing lease agreements. They may contain language which will enable you to terminate them early. If they don't, then you will likely be required to honor them until the end of the lease term.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Arkansas on
Q: If my Mother and I purchased a piece of property can the original owner sell it again if I hold the original Deed?

My Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: In Arkansas when selling and buying a home, can I choose to back out the day of closing? There was no earnest money.

I’m assuming that there is no way to back out of selling but I’m unclear as to whether their are legal ramifications of not buying a home. We did not put up earnest money and there’s not a specific reason except I don’t feel like it’s the right house for our family right now. I’m very... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. As a GENERAL premise of contract law NATIONWIDE, one could face monetary damages in backing out without valid justification. Such damages could be addressed in the contract of sale. You should consider consulting... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: A property listing in my area is for sale. I spoke with the Owner and he says he doesnt have a deed. Can he sell it?

It will be a cash sale just seems risky without a title company or even a deed

Vincent Gallo
Vincent Gallo answered on Oct 17, 2020

A deed is the document that shows ownership of real estate.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My father wants to deed me a house he bought before his new marriage title co says new wife has to sign off she won’t

Does a prenup help with that if she won’t sign? We are in Arkansas

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2020

If the property is titled in your Father's name, he can convey to you by Deed. The marital status may or may not cloud your title, but he can still execute and deliver a Deed. Get a competent attorney to search the title and draft an enforceable Deed. What you may be worried about is... Read more »

1 Answer | Asked in Civil Rights and Real Estate Law for Arkansas on
Q: How do I sell my house if the co owner (bf) doesn’t want to sell it? I am the only one on the loan.
Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2020

If there is enough equity in the home to justify a sale, then you will have to file an Action for a Partition Sale. Hire a competent attorney.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: how to do a adverse possession do l need a lawyer to do it
Anthony M. Avery
Anthony M. Avery answered on Oct 9, 2020

Hire a competent attorney for a consultation on what you need to do as an adverse possessor. You will be taking a large risk, but you might take ownership of valuable property. Taxes will also be important. And adverse possession usually only involves what you actually possess, unless you... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Property in our dad's name. He died in 1990s. He was married to our mother. How do we change to our mother's name?

There was no Will.

Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2020

More than likely the heirs at law own the property. That would be the Surviving Spouse and the Children as Tenants In Common. You could file an Affidavit of Heirship to record to the World what your alls source of title is. It would be better to hire a competent attorney to advise you.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Arkansas on
Q: My grandmother died and I’m the only grandchild her husband is selling the house I haven’t received anything

She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will

Dustin A. Duke
Dustin A. Duke answered on Jul 23, 2020

First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: My grandma passed away in 2018 she owned a house and my dad passed away in 2016 so would that mean the house is left to

Me or would it be left to my dads sister cause she’s telling me I need to sign papers so she can sell it this is in the state of Arkansas please help I need to know what I can do and what my options are

Vincent Gallo
Vincent Gallo answered on Jun 20, 2020

Your grandmother’s will shall determines who inherits the real estate.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Yes I was left a house in a Will, but how do I get the deed?? Please help
Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

Was the Will filed for Probate? If not, then the Will means nothing, and the real property goes to the Heirs At Law. If the Will was Probated, and it is not an Insolvent Estate still open, then the Probated

Will, usually under its Will Book and Page Number, is your source of title as a...
Read more »

1 Answer | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Arkansas on
Q: What legal action can be taken if a property manager let a repair man in the unit without the permission of the tenant?

The property manager orally promised to not let anyone enter the property unless the tenant was told. A repair man was supposed to repair the oven door because it would not shut completely, even with it on. The property manager told the tenant that the repair man would come on the weekend and the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

If you have a Lease Contract, then it probably allows this or generally makes repairs the Landlord's duty. You are lucky to have such a Landlord. I doubt you would have any damages even if the Contract prohibited this unannounced visit. Irregardless, there is no cause of action.

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