Legal Question in Wills and Trusts in Arkansas
Land my mother owns
My mother passed away 2 yrs ago in Ill, and owns land in Izard co Ark. My aunt is her excutor and never paid her funeral expenses. Since I am her only living child I signed for the funeral bill, I now have a judgement against me for the bill.My mother's will was never probated. In the will it says all funeral expenses are to be paid and everything else is to go to my deceased brother's 5 children, I need to know what I can do about the land and getting this funeral bill paid. I am making payments on it, can I put a lien against the land or what do I do? I no longer speak to my aunt.
Thank-you
4 Answers from Attorneys
Re: Land my mother owns
My first question is: how do you know about the land, and how is it titled?
The next question is: was the will filed? Are you sure there was a will?
Re: Land my mother owns
There are a lot of variables in your question but I can help. It would be too long of an answer to type out. Give me a call and we can discuss in detail. No charge for the consultation. JJL 630-253-2900
Re: Land my mother owns
Since your aunt has failed to act, you should move to probate the will. The probate court can order the assets of the estate to be applied to the unpaid funeral bill. Call me if you want help. Larry Stein (630) 221-1755
Re: Land my mother owns
If no probate was instituted, under Arkansas law, you would be able to initiate a petion within 5 years for the date of death. If the named petioner has not initiated the proceedings you can be appointed Representative. Call me toll free to discuss 866-945-8600.
Wayne Ball. Little Rock. www.ballatlaw.com
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