Arkansas Probate Legal Questions

If you have no confidence in your lawyer, get a new one. You do not need your siblings to agree on property.  You are the administrator.  If the six siblings disagree on what to do with the property, they can buy each other out or one or more can sue for partition, probably forcing a sale to a third party.  This is not your problem as administrator, though it may be your problem as an heir.... Read More

We encounter this problem with a lot of financial institutions, particularly national banks, even with an Order Approving an Affidavit of Small Estate.  Try a local, Texas bank.  But note that that Order does not appoint you administrator.  Rather, it approves an Affidavit in which you and the other heirs state what the decedent left, what shares pass to whom and that (together with the witnesses) you promise to pay all the decedent's debts.... Read More

Life insurance passes to the person named on the policy (likely your stepmother) and only passes through a Will (or, if there is no Will, to the heirs under state law) if no one is named. If there was a Will, things go to whomever the writer of the Will named. From your description, it appears that there was no Will and that you are asserting that the personal property was not marital property under Arkansas law so that a portion of the proceeds should pass to your father's children.  This is a question to be raised with a local probate attorney. No one can prove what is in another person's mind, what their intentions are or were. If you believe that your stepmother's care of your father constituted abuse or neglect, you should have reported it to Adult Protective Services while he was alive.  If would be difficult to impossible to investigate that now.... Read More

Contact a local probate attorney to probate your uncle's estate.  While it may or may not all pass to his wife under Arkansas law, a power of attorney  is trumped by a guardianship.  If the niece has a valid power of attorney from the wife, she may not be exercising it properly.... Read More

Yes. Hire an attorney, file a petition to probate the estate and ask to be appointed as personal representative of the estate. You can then freeze all assets until there is an accounting and the Court approves division or sale of the property. Richard Hughes (501) 376-1112 hugheslawoffice1@gmail.com ... Read More

I'm reading between the lines here but it sounds like the probate is in Indiana. I suggest that you all get the assistance of an attorney there.  Typically though, probate of a will commences with filing of the will with the clerk of the court. You might be able to obtain a copy of the will from the probate court clerk where the action is pending.... Read More

Heirs can contest a Will, the question is whether they will succeed.   Stepchildren are not heirs, so if you are talking about the estate of a stepparent, then the stepkids have no rights of inheritance.  But if you are talking about children disputing their own parent's Will that leaves everything to a spouse,  if the children are able to prove that their parent was manipulated into signing the Will or the Will is not valid for some reason, then they may be successful.  It is a difficult thing to prove, however.  ... Read More

I'm not sure what you mean.  A person who is not authorized by the court to act as administrator can't, because they don't have the documents that say they are able to act as administrator.  No bank official or financial authority is going to deal with someone without those documents.... Read More

Another interesting part of what you do not know is who is on the title of the property. Your father could have had it titled jointly with right of survivorship with his third wife. In that case, the property would not be subject to probate or inheritance statues. It would automatically become hers as the joint owner. You would not inherit even if something else was stated in a Will. As for insurance, the situation is similar. Insurance isn't probated. It goes straight to whoever is designated (named) as the beneficiary(ies). Thus, if you and your brother are designated as beneficiaries you will get a payment, when you make a claim to the insurance company. If the wife or any other person your father chose was designated as a beneficiary that person (or charity or ...) will receive the payment. If beneficiaries are to share, they will receive the percentage your father designated. The only way to pursue investigating this is to hire an estate lawyer in the community where your father lived. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com   ... Read More

In America anyone can sue over anything. It doesn't mean they will win. You do not explain the relationship between you and the offending person(s). It is critical information. For example, I know of no state that allows you to disinherit a spouse, unless there's a valid prenuptial contract. Each state's laws say how each descendant of yours may inherit or be disinherited. The person you are worried about may not even have any legal right to challenge your Will. Assuming the party is your descendant, it is relatively easy (but costs more) to make a Will so "bullet proof" that no one is likely to want to sue to contest it. You can also consider a Living Trust. You may want to ask your lawyer about the options. First go to a well-trained, experienced Arkansas lawyer who only does estate matters. Be sure to mention in your Will absolutely anyone that would ever have standing to object to your Will. You do not have to leave them anything. Just name them and say you know of their relationship to you, but you, under no circumstances, wish to leave them anything. Again, it won't change their right to sue, but there's nothing to lose but legal fees when they don't win. Another example is if you have a substantial estate and the person is your child (someone with strong standing to inherit under state law). You can leave the troublesome person something significant, like $10,000, depending on how wealthy you are. The person risks losing something substantial if a lawsuit is lost. Leave the amount in your Will with a "no contest" clause - words to the effect that if anyone ever sues, they receive absolutely nothing, even what you left them originally. It makes a person think twice - $10,000 or nothing at all. In your Will also identify a substantial fund to fight any challenges. I recommend $100,000 funded with life insurance. I suggest this, not to encourage lawsuits, but so potential opposing attorneys see that you prepared to fight. Also, legitimate heirs aren't tempted to settle with challengers just for nuisance value, when you provided liquid funds to follow your instruction. Another way to contest your Will falls under issues related to whether you are in your right mind. On the same day, just before you are scheduled to sign your Will, have your doctor do a mental competency examination and create written, current evidence of your sanity. Keep that with the Will. Lastly, you can videotape the signing of your Will. But, remember, videos are easy to tamper with, so it can backfire if a judge thinks you tried too hard to prove your competence. Make sure your notary and witnesses are fully creditable people. Have witnesses sign affidavits at the same time. Keep the records with your Will. As technology changes, have the film transferred the newest. (Remember, there are not many VHS tape players today. So, burn a DVD or use other digital media storage.) You should be able to count on your Will at that point. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More