Most people dread the thought of their property going to probate. The reason for this dread is typically founded on good reason, because probate cases typically are costly and time intensive! Estate planning attorneys can help clients avoid probate with proper estate planning. However, if you are faced with no other option but to probate a will or a loved one died intestate, which means without a will, with an estate large enough to probate, then it is critical that you hire a probate lawyer that can help you navigate the Arkansas probate code.
A probate lawyer that is well versed in the Arkansas probate statutes will greatly benefit the personal representative that must oversee the payment of claims and expenses and oversee the distribution of the assets of the estate to the beneficiaries. The Schmidt Law Firm has been helping people with probate cases since 1967 and we have successfully helped hundreds resolve their cases.
Arkansas wills must be written, signed by the person making the will (the 'testator'), and witnessed by two disinterested parties. The testator is free to distribute property to whomever they desire, including any persons, corporations, charities, governments, or organizations, with or without conditions of their choosing.
Wills are most often executed with a minimum of fuss -- when a deceased person's intent is clear, there's no reason to make a scene. But from time to time, one or more parties will find reason to contest a will for a variety of reasons. In either case, the only appropriate person to have on your side is a skilled probate lawyer.
It is critical when drafting a will to select a trustworthy and reliable personal representative or 'executor' to administer the distribution of an estate. It's often wise for the testator to discuss with a probate lawyer the selection of an executor. The executor is a very important job, and the testator must be confident the person or entity they select is trustworthy and capable of performing the necessary requirements and duties.
When someone dies without leaving a will behind, their property is dealt with using a series of laws called intestacy rules or intestate succession laws. These laws determine who gets what, typically dividing property based on the survivor's relationship to the deceased. If you have a loved one who has died intestate it is very important to discuss with an attorney your rights.
From the relatively simple act of creating your last will and testament to contesting the state's decisions in an intestate succession, Schmidt Law Firm has a probate lawyer that can help. If you have a more complex estate and you're concerned about maximizing the amount that your family will receive, we have an estate planning lawyer on staff that can help you with those plans as well. Call us today at 888-459-3077.
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