Arkansas Estate Litigation Legal Questions

This is exactly why everyone needs a solid estate plan. You can't just tell your family what you want. You must get an experienced estate lawyer and write a plan. If you don't get it written and properly legalized, you or anyone you told won't have a say -- your state law will determine what happens to your estate. Yes, your grandmother's estate will be probated first and, since your mother is not living, what is left after paying debts and taxes will be divided as the law states. In your case, your mother's share should be split equally between you and your sister. However there may be something you can do to help apply what you mother intended:• You could apply in Court to get guardianship over your sister and thus have the authority to make all her decisions, or • You could hire a family lawyer and sue your sister for child support on behalf of the child you are raising. If you win, you may be able to get part of her inheritance for her child. And now, you and your aunt and your sister should get your own Arkansas estate plan attorneys and set up your estate plans to avoid similar or worse situations when your time comes. Then make the time to update your plan every 5 years or when you have a major life change - for instance when you marry or divorce, have another child, or your sister's minor child becomes 18. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com   ... Read More

Your state law may address this, but it's just as likely that it will not. You could sue to make the widow pay the taxes because she is injuring your interest. But this is a complex matter. See a title attorney and get a written opinion if you are not going to take any action. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More

I cannot tell from your question whether the real estate in question is in Arkansas or Russia. If in Russia, your parents will have to figure out what papers are needed with their lawyer. If the property is in Arkansas, you need an Arkansas title lawyer to draw up a Limited Power Of Attorney for your parents to sign and return to you so you can accomplish the sale. This is not something you can do for yourself. Be sure you hire an experienced lawyer. This is not a simple matter. To Your Success, Gale Allison, Principal Attorney Allison Firm, PLLChttp://www.theallisonfirm.com  http://www.linkedin.com/in/galeallison.com  ... Read More

If a Will does not exist, the property of someone who dies falls under the rule of that state's "intestacy laws." (I know, who thinks up these words?) It only means that because your father has died "intestate" or without a Last Will and Testament, the state will decide who inherits from him. In the instance of property, states must look at how the property itself is titled. Whose name(s) is or are on the deed and what sort of title is it? Here are 4 considerations: 1. In Oklahoma, if the property was titled only in your father's name, state law dictates that a probate process must be opened and spells out exactly what happens to the property. Your step mother would inherit part and the children would inherit part. 2. If the property was in the names of both your father and his wife and was titled as being held in "Joint Tenancy with Right of Survivorship" or a ‘tenancy by the entirety', Oklahoma law says that the property belongs to the surviving spouse and no one else. 3. Your father's wife would only be able to sell the property on her own if she has title to it and is the sole owner. A buyer would not be able to complete a purchase and get title to the deed if the seller does not have title to it. If it is owned jointly, all owners would have to participate in the sale. 4. If she dies, your father's probate process would be completed first to title to his wife whatever she is to inherit. Then her Will or another intestacy probate (if she has no Will) would be processed. If she has no will only her child will inherit her property. I urge you to ask an Arkansas attorney to assist with this situation. Your father's wife may need an attorney as well, to prevent future difficulties with settling the estate. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLCTulsa, OKhttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison... Read More