Legal Question in Wills and Trusts in Arkansas
Probating mother's and grandmother's estate
I have three sisters, and our mother passed away without a will. There was some land that was quitclaimed to her. Can we probate her estate so that we can sell the land to settle her debts? Our grandmother made out a will leaving her estate to her two children and and five grandchildren in 1999. She died in 2001. Will we have to probate her estate as well so that we won't lose our interest in her estate? Someone please help because I have creditors awaiting an answer. Thank you.
2 Answers from Attorneys
Re: Probating mother's and grandmother's estate
First, you have five years to probate an estate. You are going to have to first look at the statute of limitations.
The only person that can sell her property before it goes through probate, or while in probate, is the executor, with court order, if in probate.
The land can possibly be sold for the debts, but I need more information. I would have to look at the will, and the property that she owns.
Wish I could give a more clear answer, but I need more details to help more. You are welcome to email or call if you want to ask me more.
Re: Probating mother's and grandmother's estate
An attorney should look at the matter and IMMEDIATELY!!!
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