Cabot Wills Lawyer

Cabot Wills Attorney

It is recommended that all residents of Arkansas have a will because, if you die in Arkansas without a will, your estate and assets will be subject to the state’s intestate laws of succession, which may cause conflicts and difficulty for your family members. The last thing you would want is to leave your assets in an ambiguous state, tying up for quite some time, depending on how fiercely your heirs want to fight over it. You can save them all that stress and pain by simply preparing your will in advance so your wishes will be perfectly clear. For an unequivocal will, enlist the help of a will lawyer to help you draw up a will that can hold up in court.

Kevin Lemley Law Partners has more than 50 combined years of experience practicing law in Cabot, AR. With a focus on estate planning, we are well-versed in writing wills in accordance with state laws. We can answer all your questions regarding wills and all other components of estate planning.

What Is a Valid Will in Arkansas?

For a will to be legitimate in the state of Arkansas, it must meet a few conditions. First, it must be signed in front of two witnesses. The two witnesses must not have any interest in your estate or be named in the will. You and your witnesses must sign your will in front of each other. If you’re planning to write your own will, you don’t have to have it notarized, but it is recommended that you get your will notarized. It saves time in probate court by avoiding the witnesses needing to be contacted to verify the will. Having your will notarized is called making your will “self-proving.”

Why You Should Have a Will When You Die

You should have a will when you die because Arkansas state law will take jurisdiction over settling your estate on your behalf if you don’t have a will. Below is the order of succession for estates belonging to those who die without a will.

• Those who die with descendants, but no spouse, leave everything to their descendants.
• Those who have a spouse of at least three years and no children leave everything to their spouse.
• Those who have a spouse for less than three years with no children leave half to their spouse and half to first their parents. If the parents are no longer alive, then the order of inheritance goes to siblings, then nieces and nephews, and then other relatives.
• Those who have a spouse and children leave a third of their personal property and a third of real property in the form of a life estate to their spouse. 2/3 of personal property and real property in the estate goes to their children.

Ultimately, you need a will because the court’s processing of your estate is strictly subject to the laws above. Even if there was a verbal expression of different wishes, unless it is in writing in the proper format of a will that meets the state’s requirements of a valid will, there is nothing to be done outside of the intestate laws set forth by the state. Thus, a verbal will is not valid in Arkansas. The following are the requirements of a will in Arkansas:

• A valid will must be written (handwritten or typed).
• A valid will must be signed by the person whom the will is written for (the testator).
• A valid will must be signed by two witnesses who are 18 years of age or older, have no interest in the will, and are present at the time of the execution of the will. Additionally, everyone must witness each other signing the document.
• A will must be written by an individual 18 years of age or older who is of sound mind.

Wills are not the only option for estate planning, but they are useful in many situations. To be sure that you are using the ideal document for your situation, consult with an estate planning lawyer.

FAQs About Cabot, AR Wills Law

How Do You Transfer Property After Death Without a Will in Arkansas?

If there is no will, the court will select an executor or representative to carry out the dissolution of the estate. This is usually a surviving spouse or adult descendant. The court will delineate the line of succession according to intestate law, and the executor must carry out the orders of the court, or they will be in contempt of court.

What Type of Lawyer Is Ideal for Wills?

An estate planning lawyer is the ideal choice for assistance with writing your will. They understand the complex laws that are involved in estate planning, such as probate law, inheritance law, intestate law, and tax law. Additionally, they are well-versed in composing and handling documents that are often used in estate planning, such as wills, trusts, and powers of attorney.

Does a Will Need to Be Notarized in Arkansas?

No, but it makes probate easier and faster if a will is notarized or “self-proving.” Otherwise, the court must contact the two witnesses to get verification that the will and the signatures are valid before the probate process can be completed and the estate dispersed among beneficiaries. A self-proving (notarized) will is automatically accepted by the court.

What Is the Difference Between a Will and a Trust in Arkansas?

A will serves as legal instructions for how an individual wants their estate distributed following their death, while a trust is a fiduciary document that gives a trustee permission to maintain and manage the grantor’s assets for another individual. A will must be probated; a trust does not need to go through probate.

When to Hire a Will Attorney

If you are writing a will, you should have an estate planning lawyer review your document to ensure that it covers all the necessary aspects of your wishes. That way, it can hold up following your passing without the possibility of it being challenged. Kevin Lemley Law Partners provides legal services in the area of estate planning. This includes assistance in writing or reviewing wills. Contact Kevin Lemley Law Partners for experienced and qualified legal advice when writing your will.