Legal Question in Wills and Trusts in Arkansas
Need Help
In my recent divorce, I was to receive a settlement by way of filing a lien on my Ex's share of his mother's Estate. My divorce attorney did file that lien. Just for information, the judge over our divorce just happens to be the Probate judge & there is no dispute over my lien.
I received the a notice of an ''ORDER TO SETTING FINAL TRIAL''. It states that all motions & petitions bearing upon the distributions of the assets & payments of liabilities of the Estate must be filed in such & such time frame. It also states : ''Should a person or entity claiming an interest have a matter that should be decided before the trial, such as discovery issues, inventory issues, etc., then he must file a written petition or motion concerning the matter no later than such & such date.The lien amount that I would receive isn't enough to account for hiring an attorney, PLEASE...I need to know other than showing up for the hearing, do I need to file a motion or a pettion to be heard &/or receive my money? Thank you.
2 Answers from Attorneys
Re: Need Help
You need to file your claim of the estate with the Clerk of the Probate Division. If you have any questions or concerns about how the estate is divided, you need to file those, too. The Clerk will give you a form to fill out. You should also file this form (a copy) with the estate. This is usually the attorney representing the estate, or the personal representative. You can ask in the Probate Clerk's office and they will probably help you if you have any other questions or need to file anything else. If you have any more concerns, you may need to contact an attorney.
Re: Need Help
You have to file a claim against the estate. Go to the Probate Clerk and ask for a form, fill it out and file it. Don't forget to send a copy to the atty for the estate.
Alternatively, hire an Atty anyway!
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