Artherton LawArtherton Law2026-07-17T08:57:03Zhttps://www.arthertonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504746/2022/11/cropped-site-icon-A-32x32.jpgOn Behalf of Artherton Law<![CDATA[What happens when a will is missing or not found?]]>https://www.arthertonlaw.com/?p=472162025-09-02T14:22:12Z2025-09-02T14:22:12ZWhen someone cannot locate a will, it can lead to confusion and complications in settling the estate. A missing will can delay the probate process, but it does not automatically prevent the deceased’s wishes from being honored. Understanding the steps that follow can help make the process smoother.
Understanding the importance of a valid will
A will is a legal document that outlines how a person wants to distribute their estate after death. Without a will, the court will follow Arkansas state laws to determine how to divide the estate. This can lead to unintended outcomes if the will is missing or lost.
What happens when the will is missing?
If you cannot find a will, start by checking for any copies or drafts. If you cannot find a valid will, the estate will be treated as if the deceased person died without one, or "intestate." Arkansas intestacy laws will then guide the distribution of assets, typically favoring close family members like spouses, children, or parents.
Can you reconstruct a missing will?
In some cases, you may be able to reconstruct a missing will. This could involve finding a copy, gathering testimony from people who have seen or heard the contents of the will, or locating the original version through other legal documents.
Dealing with disputes over a missing will
When family members and beneficiaries disagree about the division of assets due to a missing will, the court may need to intervene to resolve the issues. These disputes can become lengthy and costly, so addressing the issue early can help prevent further complications.Even if a will is missing, the estate can still move through the probate process. The probate court will ultimately ensure that the estate is distributed according to the law, but resolving any issues early can help prevent further complications and delays.]]>On Behalf of Artherton Law<![CDATA[Can a trust protect assets from creditors?]]>https://www.arthertonlaw.com/?p=472152025-08-19T22:12:13Z2025-08-19T22:12:13ZWhen it comes to shielding your wealth, you may wonder whether a trust can keep your assets beyond the reach of creditors. The answer largely depends on the type of trust you establish and how it’s structured. Arkansas law distinguishes between trusts in ways that significantly impact their effectiveness against creditor claims.
Revocable vs. irrevocable trusts
A revocable trust does not provide asset protection from creditors. Because you retain full authority to modify or revoke the trust at any time, the law continues to regard the assets as your personal property. As a result, creditors can typically pursue those assets to satisfy legal claims.In contrast, an irrevocable trust transfers control away from you. Once you place assets into this type of trust, you relinquish ownership and authority over them. Consequently, those assets are generally shielded from creditors—unless the trust was intentionally created to avoid existing debts.
Fraudulent transfers and look-back periods
Establishing a trust shortly before facing legal or financial trouble can backfire. Arkansas statutes prohibit fraudulent asset transfers intended to hinder or delay creditors. If a court determines that you moved assets to a trust for this purpose, it can invalidate the transfer. The law provides a five-year look-back window to investigate and challenge such actions.To ensure genuine protection, you need to create the trust well in advance of any financial threats. Proactive planning significantly increases the likelihood that the trust will be honored in court.
Asset protection for beneficiaries
Trusts can also insulate inherited assets from a beneficiary’s creditors. Including a spendthrift clause in the trust document prevents creditors from seizing a beneficiary’s share while it remains in the trust. However, this protection disappears once the assets are distributed directly to the beneficiary.A trust can be an effective financial shield, but its protective power depends on thoughtful planning. A revocable trust won’t defend against creditors, but an irrevocable one may—especially when created long before any disputes arise.]]>On Behalf of Artherton Law<![CDATA[What should you know about charitable giving in your estate plan?]]>https://www.arthertonlaw.com/?p=472142025-08-05T17:44:15Z2025-08-05T17:44:15ZCharitable giving is a meaningful way to leave a legacy and make a positive impact after you're gone. When it comes to estate planning, incorporating charitable donations into your will or trust can offer emotional satisfaction and financial benefits. However, it's important to ensure your gift is handled according to your wishes.
Types of charitable gifts to consider
There are several ways to make charitable contributions in your estate plan. The simplest method is to include a charitable bequest in your will. This can be a specific dollar amount, a percentage of your estate, or assets like real estate or stocks. Another option is establishing a charitable remainder trust, which provides income to beneficiaries during your lifetime, with the remaining assets going to the charity after your death.You can also name a charity as a beneficiary of your life insurance policy or retirement accounts. This method avoids probate and may reduce estate taxes, as charitable gifts are generally exempt from these taxes.
Tax advantages of charitable giving
One reason to incorporate charitable giving into your estate plan is the tax benefits. Charitable donations can reduce your estate’s taxable value, lowering estate tax liability. Although Arkansas doesn’t impose an estate tax, your estate may be subject to federal estate taxes if it exceeds certain thresholds. Charitable donations can help reduce your taxable estate.Additionally, if you leave appreciated assets like stocks, your estate may avoid capital gains taxes. The charity, as a nonprofit, is typically exempt from paying these taxes.
Ensuring your wishes are honored
It’s essential to be clear about your intentions when leaving a charitable gift. Work with an estate planning professional to ensure your bequest is properly structured and goes to the right charity. Since charities can change names or missions, specify alternative organizations in case your original choice ceases to exist.Incorporating charitable giving into your estate plan allows you to make a lasting difference. With the right approach, your gifts can benefit organizations that matter to you, while also reducing your estate's tax burden. Carefully consider your options to ensure your estate plan reflects your charitable intentions.]]>On Behalf of Artherton Law<![CDATA[What are the time limits for contesting a will in probate court?]]>https://www.arthertonlaw.com/?p=472132025-07-23T00:55:57Z2025-07-23T00:55:57ZIf you need to contest a will in Arkansas, it’s crucial to understand the time limits involved. If you suspect that a will is invalid or that some form of wrongdoing occurred, you must act swiftly. Arkansas law sets strict deadlines for filing a will contest, and missing these deadlines could mean losing your chance to challenge the will.
Time limits for contesting a will in Arkansas
In Arkansas, you must file a contest within six months of the court admitting the will to probate. Once the probate court formally accepts the will, the six-month countdown begins. This time frame helps ensure the probate process moves forward without unnecessary delays and that the deceased’s assets get distributed as intended.
What happens if you miss the deadline?
If you miss the six-month deadline, the court will likely continue with the probate process and distribute the assets according to the will. You will lose your right to contest the will. This is why it’s so important to file your contest as soon as possible if you believe that fraud, undue influence, or other issues affect the will’s validity.
Are there exceptions to the six-month rule?
In rare cases, the court may allow a will contest after the six-month deadline. If you discover evidence of fraud or misconduct that you couldn’t have known about within the original timeframe, the court may extend the deadline. However, the court will decide whether to grant this extension on a case-by-case basis.Understanding the time limits for contesting a will in Arkansas helps protect your rights in the probate process. If you believe you have valid reasons to challenge a will, you should take action before the deadline passes.]]>On Behalf of Artherton Law<![CDATA[Steps to settle an estate without a will]]>https://www.arthertonlaw.com/?p=472122025-07-08T22:54:45Z2025-07-08T22:54:45ZWhen someone passes away in Arkansas without a valid will, the estate is considered "intestate." In such cases, state laws dictate how the estate's assets get distributed among surviving relatives. This process involves several key steps to ensure proper administration and distribution.
Determine the need for probate
Probate is the legal process that administers a deceased person's estate. In Arkansas, if the total value of the estate exceeds $100,000, formal probate proceedings are generally required. For smaller estates, Arkansas offers a simplified procedure known as the Affidavit for Collection of Small Estate by Distributee, allowing heirs to collect assets without formal probate.
Appoint an administrator
Without a will, the probate court appoints an administrator to manage the estate. The court typically follows a priority order when selecting an administrator, starting with the surviving spouse, followed by children, parents, and other close relatives. If no family members are available or willing, the court may appoint a neutral third party.
Notify heirs and creditors
The administrator must notify all potential heirs and creditors about the decedent's passing. The administrator publishes a notice in a local newspaper to alert creditors, who then have a specified period to file claims against the estate.
Inventory and appraise the estate’s assets
The administrator identifies, collects, and appraises the decedent's assets. This inventory typically includes real estate, bank accounts, personal property, and other valuables. The administrator ensures an accurate appraisal to properly value the assets for debt settlement and distribution purposes.
Settle debts and expenses
Before distributing assets, the administrator settles any outstanding debts and expenses, including funeral costs and taxes. This process ensures that the estate's liabilities are paid in accordance with Arkansas law.
Distribute remaining assets
After settling debts and expenses, the administrator distributes the remaining assets to the heirs according to the state’s intestate succession laws. Typically, the estate divides among the surviving spouse and children. If no spouse or children survive, the estate passes to parents, siblings, or more distant relatives.
Close the estate
Once all assets are distributed and all responsibilities are fulfilled, the administrator files a final accounting with the probate court. After the court approves the final accounting, it formally closes the estate, concluding the probate process.Navigating the intestate succession process can be complex. Understanding these steps helps ensure the decedent's estate gets administered in compliance with Arkansas law, providing clarity and fairness to all involved parties.]]>On Behalf of Artherton Law<![CDATA[What you should know before removing a trustee]]>https://www.arthertonlaw.com/?p=472092025-06-24T17:37:48Z2025-06-24T17:37:48ZRemoving a trustee is a serious action that affects the future of a trust. In Arkansas, the law allows you to remove a trustee only under certain conditions.
If you are considering this step, you should first understand when removal is possible and how the process works.
Reasons for removing a trustee in Arkansas
A court may allow the removal of a trustee if certain problems exist. Common reasons include neglecting duties, mismanaging assets, creating conflicts with beneficiaries or breaking the terms of the trust. A trustee who acts dishonestly, becomes incapacitated or charges unreasonable fees may also face removal. The trust document may list more reasons that allow removal.Beneficiaries often notice problems when a trustee refuses to share information or delays distributing assets. The Arkansas Trust Code requires trustees to act in the best interest of the trust and its beneficiaries. When this does not happen, the court may decide that removal is the best option.
How to begin the removal process
In most cases, someone must file a petition with the court to begin the process. The person asking for removal must provide evidence that the trustee failed to carry out their duties. The court will review records and hear testimony to decide whether the trustee should remain in charge. If the trust document includes a removal method, the court may follow that process as long as it does not break Arkansas law.Arkansas courts try to honor the wishes of the person who created the trust. That means the court does not remove a trustee just because someone disagrees with a decision. Instead, the court looks for real harm or serious risks to the trust or its beneficiaries.
What happens after removal
If the court removes the trustee, someone must take their place. The trust document may name a successor trustee. If not, the court will appoint a qualified person to manage the trust. The removed trustee must turn over all trust property and records to the new trustee.Trustee removal protects the trust’s purpose and keeps beneficiaries safe from harm. In Arkansas, this process exists to ensure the trust continues to serve the beneficiaries as intended.]]>On Behalf of Artherton Law<![CDATA[How is an estate administrator’s role different from an executor?]]>https://www.arthertonlaw.com/?p=472082025-06-10T14:37:17Z2025-06-10T14:37:17ZWhen someone passes away, managing their estate requires careful planning and attention to detail. In Arkansas, as in many states, an estate administrator or an executor takes on the responsibility of overseeing the process. Although both roles seem similar, they have distinct differences that can impact the administration of the estate.
What is an executor?
An executor carries out the deceased’s wishes as outlined in a will. The decedent typically chooses this person before their death. The executor’s duties start after the probate court validates the will. They gather assets, pay debts, and distribute the remaining property according to the will’s terms, ensuring that the estate reflects the deceased’s intentions.
What is an estate administrator?
An estate administrator handles the estate when the decedent dies intestate, or without a valid will. In such cases, the court appoints the administrator to oversee the estate. The administrator has similar duties to the executor, but instead of following a will’s instructions, they distribute assets based on state law. They also take care of legal matters that arise during the process, following a more standardized approach.
What are the differences between an administrator and an executor?
The key difference between an estate administrator and an executor lies in the source of authority. Executors come from the decedent’s choice, while administrators are court-appointed. Executors follow the decedent’s instructions, while administrators must distribute assets according to state law. Moreover, the probate process for administrators often involves more court oversight due to the absence of a will. Executors typically have more flexibility in decision-making based on the will’s provisions.Both the estate administrator and the executor play important roles in managing the estate. Whether following a will’s instructions or adhering to legal requirements in its absence, these individuals work to ensure the estate settles properly and in a timely manner.]]>On Behalf of Artherton Law<![CDATA[What is a Lady Bird deed?]]>https://www.arthertonlaw.com/?p=472072025-05-28T17:20:36Z2025-05-28T17:20:36ZYou may have come across the term “Lady Bird deed” while researching estate planning tools. This unique type of deed allows property owners to retain control over their real estate during their lifetime while still ensuring a smooth transfer upon death. While not formally recognized in Arkansas, understanding how it works can help you explore comparable options available in the state.
How does a Lady Bird deed work?
A Lady Bird deed, or enhanced life estate deed, enables you to transfer property to a designated beneficiary while maintaining full control over it while you’re alive. This means you can sell, lease, or mortgage the property without needing the beneficiary’s permission. Upon your death, the property passes directly to the beneficiary, bypassing the probate process entirely.
Why might you consider using one?
This type of deed offers a streamlined way to transfer property without the delays or costs associated with probate. It’s particularly useful if you want to simplify your estate while retaining flexibility and authority over your property. For many, it balances control with efficient long-term planning.
Is it available in Arkansas?
Arkansas does not officially recognize Lady Bird deeds. However, the state does allow transfer-on-death (TOD) deeds, which achieve a similar outcome. With a TOD deed, you can name a beneficiary who automatically receives the property when you pass away, again avoiding probate. While TOD deeds do not offer the same level of flexibility as Lady Bird deeds, they are a practical and legally supported alternative in Arkansas.Before executing any deed that changes ownership rights, consider the broader implications. Property transfers may impact Medicaid eligibility, tax obligations, and long-term care options. It’s important to assess how these decisions align with your broader financial and estate goals.]]>On Behalf of Artherton Law<![CDATA[Which debts have the highest priority in the probate process?]]>https://www.arthertonlaw.com/?p=472062025-05-19T21:28:32Z2025-05-19T21:28:32ZWhen someone passes away in Arkansas, the probate process distributes their assets and addresses outstanding debts. However, Arkansas law sets a specific order of priority for these debt payments.
The estate’s personal representative must follow this order to stay in compliance with state law.
Estate administration
The highest priority goes to the costs of administering the estate. These include court fees, appraiser fees and compensation for the personal representative. These expenses ensure the probate process continues smoothly and legally.
Funeral expenses
Arkansas law allows reasonable costs for burial or cremation to take place early in the process. The state does not provide funeral assistance, and it limits these expenses to a set amount unless the estate has enough assets to pay more.
Federal debts and taxes
The next priority is for the estate to pay debts and taxes owed to the United States. This includes federal income taxes and other federal obligations. Arkansas courts treat these debts with high importance to avoid conflicts with the federal government.
Outstanding medical bills
Expenses for the last illness of the deceased will come next in the order. This usually means medical bills for treatment or care in the final days or weeks of life. These expenses hold high priority because they often reflect urgent needs before death.
State debts and taxes
The estate must then pay debts and taxes owed to the State of Arkansas. These may include state income taxes, property taxes or other government fees.
Special legal claims
After state debts, the next priorities are judgments and claims with special legal status. For example, secured creditors who hold liens on property may collect payment from the sale of those assets.
Other personal debts
Finally, the estate pays general debts such as credit card balances, personal loans and utility bills. These debts have the lowest priority, and it might not be necessary to pay them in full if the estate lacks enough assets.Understanding this order helps prevent confusion during probate. If the personal representative pays a lower-priority debt before a higher-priority one, the estate may face legal problems. Arkansas law clearly outlines this process to protect both creditors and heirs.]]>On Behalf of Artherton Law<![CDATA[What happens to sentimental items during probate?]]>https://www.arthertonlaw.com/?p=472052025-05-08T15:31:29Z2025-05-08T15:31:29ZDuring probate, a person’s assets are distributed to their beneficiaries. This is just one aspect of the process, but it is very important. In some cases, they will have left an estate plan that directly addresses specific assets, such as a family home or a financial account. This guides the process.
But what happens to items that just have sentimental value? This can be one of the more difficult parts of the probate process because these items still have to be divided, and different heirs and beneficiaries may disagree on how this should happen. They’re not worried about the financial value of the assets, but they have an emotional connection to them, so multiple people may want to receive the same items.
What assets can cause conflicts?
There are many different family heirlooms that could have sentimental value. But they are often everyday things, such as a collection of art or antiques, jewelry that a parent used to wear, family photographs from over the years and much more. In some cases, it’s as simple as trying to divide up a set of dishes or holiday decorations.Some experts note this is often where conflicts arise. Items that aren’t worth as much will cause more of an issue because there are fewer options. If beneficiaries disagree over who should receive real estate during probate, in the absence of a clear estate plan, there’s always the option to sell the real estate and split up the money. But with low-value items with sentimental value, selling them doesn’t actually solve the dispute because it just means that no one gets the item they wanted, and it was never about the financial side of things in the first place.This is just one of the ways that the probate process can become complicated. It’s important to know what legal steps to take.]]>