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by Anonymous on April 10th, 2009

Anonymous

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My father passed away 12 years or so ago, and we just found his will, can we still probate it? There is property as issue in Arkansas.

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Answers. 2 helpful answers below.

  • by Phillis - Zacks little sister on April 10th, 2009

    Phillis - Zacks little sister

    You must first resolve the property issue. Until that is complete, the will is not in status.

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  • by latigo on April 25th, 2009

    latigo

    I don’t think your major problem is in being able to probate the will. I think it is whether or not too much time has elapsed for anyone not presently in possession of the property to be able to assert a claim to the Arkansas property.

    In other words, probating the will may be moot with respect to the Arkansas property.

    By that I mean that even if the will were to be probated and the property distributed to the heirs, the Arkansas statutes of limitation * may bar them from asserting title and taking possession of the property.

    It is most unlikely that this piece of property – whatever it consists of – sat unnoticed, unclaimed and/or unoccupied all these years.
    __________________________________

    You will need to supplement your question by providing detail as to who has been in possession of the land, the nature of that possession, and who has paid the taxes over the years.

    Also, tell me the state in where your father was living at the time of his death.

    And definitely explain why this “property” seems to have slipped between the cracks and suddenly becomes an “issue” after 12 years!

    [*] See: Arkansas Code §16-56-105; 18-11-102-03; and 18-60-212.

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