Articles Related to Tag: litigation

Yes. If the decedent died with probate assets (defined in as separate blog) and there is a Last Will and Testament, then that Last Will and Testament MUST be admitted to the Arkansas probate court and the probate court must oversee the administration of that estate and that Last Will and Testament.

This discussion will describe the most common situations that arise which necessitate the intervention of the Court and often times significant litigation involving the misbehavior of the Administrator, Executor, or Trustee. 

In short, yes.

This is a general explanation of the primary steps of analysis of a standard Arkansas probate. This process can vary greatly depending upon many factors and your circumstances may be different, but generally, this is the process you can expect.

In Arkansas, probate is necessary if someone has passed away, that person owned probate assets, and that person did not have their probate assets put into a Trust or other mechanism that avoids probate in Arkansas.

Adverse possession in Arkansas is a legal concept that allows a person to acquire ownership of land without holding legal title, simply by occupying and using the property in a certain way over a specific period of time.

In Arkansas, in terrorem clauses, also known as “no-contest clauses,” are provisions in Wills and Trusts that generally seek to prevent a beneficiary or any other party from contesting the validity of the Will or the Trust by disinheriting the beneficiary or party if they contest the Will or the Trust.

Business and commercial litigation generally pertains to legal disputes involving one or more companies such as limited liability companies, partnerships, corporations, or other legal entities. Commercial litigation can arise in many different forms and for many different reasons.

In any litigation matter in Arkansas, the first step is always to determine the facts and circumstances surrounding the issues in order to determine the parties pertinent to the suit, proper venue and jurisdiction, the causes of action and defenses that may be available, statutes of limitations, and potential damages.