Which financial powers can be granted through a power of attorney during incarceration in Arkansas (AR)?
Detailed Answer: Financial powers a power of attorney can grant in Arkansas A power of attorney (POA) is a legal document that lets one person (the principal) give another person (the agent or attorney-in-fact) authority to act on the principal’s behalf. In Arkansas, a properly executed POA can give an agent broad or limited authority […]
Read article →What formal requirements ensure a power of attorney executed in prison is legally valid in Arkansas (AR)?
Detailed Answer — Formal requirements for a power of attorney signed by an incarcerated person in Arkansas Short answer: A power of attorney (POA) signed in prison can be legally valid in Arkansas if the document meets Arkansas execution requirements: the principal had capacity, the signature was made or authorized by the principal, and the […]
Read article →What documentation and appraisal process are needed to prove my car’s diminished value in Arkansas (AR)?
Detailed Answer What diminished value means: After a crash, even a properly repaired vehicle often sells for less than an identical undamaged vehicle. That difference in resale value is called diminished value (also called diminished market value). In Arkansas you can pursue diminished value as a property-damage loss against the at-fault driver’s insurer (or sometimes […]
Read article →How does the diminished value process work if I do not own my car? (AR)
FAQ — Diminished Value When You Do Not Own the Car (Arkansas) Detailed Answer Short answer: who can pursue a diminished value claim depends on who has a property interest in the vehicle. In Arkansas, the legal right to claim diminished value typically belongs to the vehicle owner or another party with a documented ownership […]
Read article →Can I become the personal representative of my sister's estate? (AR)
Can a sibling serve as personal representative of an estate in Arkansas? This FAQ explains who may be appointed as a personal representative (sometimes called an executor or administrator) under Arkansas law, how to apply, common obstacles, and what the role requires. This is educational information only and not legal advice. Detailed answer — How […]
Read article →Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (AR)
Detailed Answer Short answer: Under Arkansas law, proceeds from a wrongful death action generally do not pass under the decedent’s Last Will and Testament. Instead, wrongful-death recoveries are distributed to the surviving spouse, children, or other next of kin under the wrongful-death statute. By contrast, a separate survival action (a cause of action that belonged […]
Read article →Can I Open an Estate and Become Personal Representative in Arkansas as a Mother-in-Law?
Detailed Answer In Arkansas, the court follows a strict priority list when appointing a personal representative (also called an administrator or executor) under Ark. Code Ann. § 28-42-201. The order generally is: Surviving spouse Adult children of the decedent Grandchildren Parents Siblings Grandparents Next of kin Creditors A mother-in-law is not included in this statutory […]
Read article →How can I probate a will that was not witnessed or notarized in Arkansas?
Detailed Answer If you hold an unwitnessed or unnotarized document that a deceased loved one named as their will, Arkansas law sets strict rules on formal execution. A will that lacks two attesting witnesses does not meet standard requirements under A.C.A. § 28-1-106. However, Arkansas recognizes holographic wills if the testator’s handwriting appears throughout the […]
Read article →How to Obtain and Submit an Original Will During Probate in Arkansas
Detailed Answer When a person dies in Arkansas leaving a will, the original document—or a court-filed copy—must be submitted to the probate court in the county where they lived. Properly locating and filing the will ensures the estate administration proceeds legally and efficiently. 1. Locating the Original Will Testators often keep their wills in a […]
Read article →What information and documents should be gathered before a decedent’s passing to streamline probate in Arkansas?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Probate in Arkansas follows the Arkansas Trust and Probate Code (Title 28). Gathering key documents before a person passes can simplify the process of validating the will, identifying assets, […]
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