How to Recover a Cash Bequest from a Sibling's Estate in Arkansas
Recovering a Cash Bequest When the Executor Won’t Cooperate — What to Do in Arkansas Quick disclaimer: This article provides general information about Arkansas probate law and common steps beneficiaries take. It is not legal advice. Consult a licensed Arkansas attorney before taking action. Detailed Answer: Step-by-step under Arkansas law If you are a beneficiary […]
Read article →Arkansas: How to Compel a Spouse to Sell the House and Distribute Proceeds under a Will
Quick FAQ: Compelling a Spouse to Sell the House and Distribute Proceeds (Arkansas) Short answer If a decedent’s will directs sale of the family home and distribution of the proceeds, you normally must open probate, get the personal representative (executor) appointed, and ask the probate court to authorize sale and distribution. A surviving spouse may […]
Read article →How to File a Notice to Creditors in Arkansas
Detailed Answer When a person dies in Arkansas and their assets must be collected and distributed through probate, the personal representative (often called an executor or administrator) must notify potential creditors so they can present claims against the estate. This process is commonly called filing or issuing a "Notice to Creditors." Below is a practical, […]
Read article →Arkansas: How to Seek Appointment as Personal Representative When the Named Executor Refuses
Detailed Answer When a parent’s will names one child as the executor (personal representative) but that child refuses to serve, Arkansas law lets the probate court appoint someone else so the estate can be administered. The process generally follows these steps: proving the will, documenting the named executor’s refusal, and asking the court to appoint […]
Read article →Arkansas: Can Medicaid Claim a Home or Force a Deed Transfer?
Detailed Answer Short answer: Under Arkansas rules and federal Medicaid law, the state cannot force you while your mother is alive to sign over her deed. After a Medicaid recipient dies, Arkansas can seek repayment of certain Medicaid costs from the recipient’s estate or from real property in the estate. Whether the state can place […]
Read article →Arkansas: Why an Inherited House May Not Be a Probate Asset and Whether You Can Pay the Mortgage Without the Administrator
Understanding Why an Inherited House May Not Be a Probate Asset and Whether You Can Make Mortgage Payments Without the Administrator Detailed Answer Short answer: an inherited house is not a probate asset when title passes outside probate (for example, by joint tenancy, a beneficiary deed or another nonprobate mechanism). Regardless of whether the house […]
Read article →Challenging a Sibling’s Use of a Deceased Parent’s Bank Account in Arkansas
Can you stop a sibling from using a deceased parent’s bank account before an administrator is appointed? Short answer: Possibly — but it depends on who legally controls the account and what authority they assert. If the account was titled jointly with rights of survivorship, the sibling may have immediate legal access. If the account […]
Read article →Can I Force Return of Sentimental Items from a Sibling During Probate? — Arkansas
What to Do When a Relative Has Sentimental Property During Probate in Arkansas Short answer: You may be able to get sentimental items back, but the right steps depend on who legally owns the items, whether the estate has been opened, and whether an executor or personal representative is following Arkansas probate law. Start by […]
Read article →Arkansas — Do administrators need to post a bond in intestate probate, or can heirs waive it?
Do administrators have to post a bond in Arkansas intestate probate, or can heirs waive it? Short answer: In Arkansas, the court generally requires a bond for a person appointed as administrator (the personal representative for someone who died without a will) to protect the estate and its creditors. The court can allow a waiver […]
Read article →Arkansas — How to Apply to Serve as Administrator of an Intestate Estate
Detailed Answer — Steps to apply to serve as administrator in Arkansas If a person who lived in Arkansas dies without a valid will (intestate), the estate must be opened in the county where the decedent last lived. The court will appoint a personal representative (often called an "administrator") to gather assets, pay debts, and […]
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