How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds? Arkansas
Detailed Answer Trustees in Arkansas owe strict fiduciary duties to beneficiaries. Under Arkansas Code Ann. §28-73-103 (Duty to administer trust in good faith and in accordance with its terms), a trustee must act loyally, prudently, and impartially. Misusing trust assets violates these duties and constitutes a breach of trust. Beneficiaries can challenge a trustee’s misconduct […]
Read article →How can original wills and codicils be located and verified before opening probate in Arkansas?
Detailed Answer Securing and authenticating an original will or codicil in Arkansas requires a structured approach. Key steps include: 1. Conduct a Thorough Search Ask the decedent’s family members and close friends for leads. Contact attorneys who handled the decedent’s affairs. Examine personal files, home safes, and safe deposit boxes. Review the decedent’s mail and […]
Read article →How to Validate and Certify an Affidavit of Collection to Collect Personal Property in Arkansas (AR)
Detailed Answer In Arkansas, collecting personal property through an affidavit of collection typically follows the replevin process under Ark. Code Ann. § 16-56-101 et seq. You start by preparing an affidavit, filing it with the circuit court clerk, obtaining a writ, and executing that writ through law enforcement. Below are the step-by-step procedures, statutory references, […]
Read article →What is the process for contacting the responding law enforcement officer or agency to correct a report in Arkansas?
Detailed Answer If you believe a responding law enforcement report contains errors, Arkansas law allows you to request a correction or supplement. Although no statute specifically mandates an amendment process for police reports, agencies follow procedures under the Arkansas Freedom of Information Act (FOIA) and their internal policies. Below is a step-by-step guide: Identify the […]
Read article →What options are available if an at-fault driver had no active insurance coverage on the date of loss in Arkansas?
Detailed Answer When an at-fault driver lacks liability insurance on the date of loss in Arkansas, injured parties still have several paths to seek recovery. You can pursue these options: 1. File a claim under your own Uninsured Motorist (UM) coverage Arkansas law requires insurers to offer Uninsured Motorist coverage. Under Ark. Code Ann. § […]
Read article →How to Determine If Surplus Funds Remain After a Foreclosure Sale in AR
Detailed Answer When a property is sold at a foreclosure sale in Arkansas, the sale proceeds first satisfy the outstanding mortgage debt, accrued interest, taxes, and sale expenses. Any amount left over is called “surplus funds.” To determine if surplus funds remain, an interested party—often the former homeowner or a junior lienholder—must follow these steps […]
Read article →What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in Arkansas?
Detailed Answer This article explains how a former homeowner or other interested party in Arkansas can petition the court for surplus funds following a foreclosure sale. Surplus funds are the money remaining after all valid liens, costs, and expenses have been paid out of the foreclosure sale proceeds. Under Arkansas law, these funds belong to […]
Read article →Do I Get Any Ownership Interest in Real Property if I Am Paying the Mortgage? (AR)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Arkansas for guidance tailored to your situation. Detailed Answer In Arkansas, simply paying the mortgage on a property does not automatically give you an ownership interest in that real estate. Ownership of real property generally resides […]
Read article →What Steps Are Needed to Access and Review Information Held in an Unclaimed Property Account by nccash.com in AR
Detailed Answer To access and review unclaimed property information in Arkansas, you must use the Arkansas Department of Finance & Administration (DFA) Unclaimed Property portal. Under Arkansas law, the DFA maintains an electronic database of unclaimed property (Ark. Code Ann. § 18-28-204). Follow these steps to view your account details: Step 1: Visit the Arkansas […]
Read article →How to Protect Property from County Tax Foreclosure in Arkansas When You Cannot Pay Taxes
Steps to Protect Your Arkansas Property from County Tax Foreclosure If you cannot pay your county property taxes in Arkansas, you face the risk of a tax sale and eventual foreclosure. However, Arkansas law provides several avenues to protect your home or land. Below, we explain key steps, relevant statutes, and best practices to help […]
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