How to apply for a Medicaid hardship waiver in Arkansas to protect inherited property from estate recovery claims
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under Arkansas law, the Medicaid Estate Recovery Program (MERP) may seek reimbursement from the estate of a deceased Medicaid recipient for certain medical benefits paid on their behalf. MERP is authorized by Ark. Code Ann. § 20-77-230 (arkleg.state.ar.us/20-77-230) and required […]
Read article →How do I determine who the intestate heirs are of my father's estate in Arkansas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer In Arkansas, if someone dies without a valid will (intestate), state law dictates how their property passes to heirs. To determine who the intestate heirs of your father’s estate […]
Read article →Can I Appeal a Probate Court Decision Removing a Personal Representative in Arkansas?
Detailed Answer Under Arkansas law, any person aggrieved by a probate court’s order removing a personal representative may appeal to the circuit court in the same county. The appeal process and timing are set out in Arkansas Code Annotated §28-60-202. That statute provides that you must file a written notice of appeal in the probate […]
Read article →How to Determine What Assets Remain in an Estate After Paying Debts and Fees – AR
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Under Arkansas probate law, determining what assets remain in an estate after paying debts and fees involves four key steps: creating an inventory, identifying valid debts and expenses, calculating […]
Read article →Does the Personal Representative Have to Provide Me a Copy of the Accounting in a Probate Matter in Arkansas?
Detailed Answer Under Arkansas law, a personal representative must file periodic and final accountings with the Chancery Court and make them available to interested parties. At the end of each accounting period, the personal representative prepares a detailed statement of all estate receipts, disbursements, and transactions. See Ark. Code Ann. § 28-58-103. Any beneficiary or […]
Read article →What options exist for a personal representative with limited funds for handling creditor claims in Arkansas?
Detailed Answer Overview: When an estate has limited assets, personal representatives can use specific procedures under Arkansas law to manage creditor claims efficiently and protect the estate. Below are key strategies under the Arkansas Code. 1. Notice to Creditors Under Ark. Code Ann. § 28-41-201, personal representatives must notify known creditors by mail and publish […]
Read article →How to Manage Estate Administration with Assets in Multiple Counties or Jurisdictions in Arkansas
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer When a decedent owns assets in more than one county or even across state lines, estate administration can seem complex. In Arkansas, the probate process starts in the […]
Read article →What Documents Are Needed to Complete a Small Estate Affidavit for Estate Assets in Arkansas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Arkansas law, heirs may collect estate assets using a small estate affidavit if the total value of personal property does not exceed $100,000 and real property interests do not exceed $30,000. See Ark. Code Ann. § 28-41-102. The […]
Read article →How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit Process in Arkansas
Detailed Answer When a person dies leaving personal property under $100,000 in Arkansas, heirs or other interested parties may use a small estate affidavit to collect and distribute assets without formal probate. This process appears in Arkansas Code § 28-41-101 et seq. and applies only to personal property, not real estate. 1. Determine Eligibility Arkansas […]
Read article →How to Initiate the Sale of Estate Property to Satisfy Creditor Claims in Arkansas
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in Arkansas for guidance on your specific case. Detailed Answer 1. Open Probate and Appoint a Personal Representative To begin, a will (if one exists) must be filed in the probate division of the Pulaski County […]
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