One of the most common issues that we see is after the passing of a family member, one of the family members or some other person refuses to share the Will with the family. Thankfully, Arkansas law provides a process by which that person will be compelled and forced to disclose the Will. Under Arkansas law, any interested party can petition the court to force the person having possession or custody of the Will to deliver the Will to the Court having jurisdiction over the estate or to deliver the Will to the named executor of the Will. Any person who intentionally withholds the Will from the probate Court may be subject to a citation by the Court, guilty of contempt of court, and that person may be liable to any aggrieved party for damages caused by said refusal. If someone is refusing to provide the Will to the rightful beneficiaries or interested parties, then give us a call and we will start the process to compel that person to abide by Arkansas law.
If a person is withholding a Trust, the process to force disclosure of that Trust is much more complicated requiring careful consideration. Here, the primary point is to proceed with caution! In Arkansas, generally, the named trustee and the named beneficiaries of the Trust are entitled to a copy of the Trust. However, the precise terms of the Trust ultimately dictate who is entitled to a copy of the Trust, and the process for providing said Trust. Litigants and attorneys alike must be extremely cautious in demanding a copy of a Trust, accountings of a Trust, and other Trust information, including invoking judicial intervention, because if the litigant or attorney runs afoul of the precise terms and processes outlined in the Trust, the litigant or attorney may find himself or herself liable for triggering a no-contest, in terrorem clause. This can be a monumental mistake. Administering or litigating a Trust under Arkansas law requires significant experience, a thorough understanding of Trust terms and mechanics, and a thorough understanding of related case law because the stakes get really high really fast. If you are administering or litigating a Trust, you should always hire an attorney with significant experience in that specific area of the law.
Located in Batesville, Melbourne, and Heber Springs, Arkansas, and serving all of Arkansas, Reeves Law Firm stands ready to handle any civil, estate, guardianship, personal injury, probate, or any other litigation matters that may arise.
Reeves Law Firm primarily serves Independence County (Batesville), Jackson County (Newport), Sharp County (Ash Flat, Highland, Cherokee Village), Lawrence County (Walnut Ridge), Cleburne County (Heber Springs, Greers Ferry, Fairfield Bay), Izard County (Melbourne), Stone County (Mountain View), White County (Searcy), and Baxter County (Mountain Home).
Give us a call in Batesville, Arkansas, at (870) 793-0021
Give us a call in Heber Springs, Arkansas, at (501) 302-8383
Give us a call in Melbourne, Arkansas, at (870) 291-9374
Lawyers in Arkansas – Expect Professional. Expect Results.