Legal Question in Wills and Trusts in Arkansas

guardianship/early inheritance

Can co-guardians of an incompetent adult parent receive early inheritance from will if estate is worth over $1 million? There are stocks, CD's, Gov Bonds, etc in the estate. Parent is in nursing home and 76 years of age with Alzheimer. There is more than enough income from social security, army widow benifits payments, dividends and interest to support parent for many years. Could the children (who are the legal guardians) appeal to the court and get early inheritance, not just on the real property(which is a drain on estate because of storage, insurance, etc) but on money also?


Asked on 7/13/06, 5:38 pm

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: guardianship/early inheritance

It is doubtful you can get an early inheritance. You may be able to sell off certain property if it is in the best interest of the estate, such as stock, or other property that fluctuates in value. You may or may not need court order to be able to do this. It depends on the guardianship documents.

I need more information, particularly about the guardianship documents, to determine exactly what your options are. Although an early inheritance is doubtful there may be other ways to be able to go about this. The main thing is that your mother is taken care of. Then, there may be other options available to you.

You are welcome to call or email me directly to let me help you explore other options.

Read more
Answered on 7/13/06, 11:18 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arkansas