Articles Related to Tag: litigation

Under Arkansas law, a contract may be voided for fraudulent misrepresentation . Fraudulent misrepresentation involves deliberately misrepresenting goods or services to facilitate a sale, constituting fraud. Arkansas courts treat this as a serious offense because it leads individuals to enter into contracts based upon false information, often causing significant financial loss.

When you’ve been injured in an accident and someone else is at fault, the process of getting compensated can be complex. Insurance companies, medical providers, and even your own health insurer may have a financial stake in your recovery. One key legal concept that often comes into play is subrogation.

When you’ve been injured in an accident and someone else is at fault, the process of getting compensated can be complex. Insurance companies, medical providers, and even your own health insurer may have a financial stake in your recovery. One primary legal concept that often comes into play is the "made whole" doctrine under Arkansas law.

Navigating the legal system can be a challenging and often intimidating experience, particularly when it comes to the Arkansas appellate process. For individuals who feel that a trial court’s decision was incorrect, the appeals process offers a critical avenue to seek a review and potentially reverse the outcome.

Introduction

The misuse or misappropriation of trust assets by a Trustee is not uncommon unfortunately. Too many Trustees succumb to the temptation to use trust assets to benefit themselves or their family members in violation of the terms of the Trust and in violation of Arkansas law.

Generally, the statute of limitations for opening probate in Arkansas is five (5) years after the date of death. However, there are certain exceptions that may toll the running of statute of limitations under Arkansas law such as fraudulent concealment of a Will or participation in the concealment of a Will.

The appointed Trustee of a Trust is obligated to perform their duties within the prescriptions and confines of Arkansas law including the Arkansas Trust Code and the recently enacted version of the Uniform Directed Trust Act.

One of the most common misconceptions about probate and inheritance law is the misguided assumption that when a person passes away without a Will, that because they were married at the time of their passing the surviving spouse will get all or most of their estate. This is FAR from the truth, and this is one reason why a Will or a Trust is so important.