Legal Question in Wills and Trusts in Arkansas

Will or Trust?

My wife and I are 52. We have two grown children. We own a house valued about $75,000, other personal property ( cars, boat, jewelry, etc.) To pass the estate on to our heirs, should we set up a trust or a will?


Asked on 7/27/03, 12:42 am

2 Answers from Attorneys

Herb Southern The Southern Law Firm

Re: Will or Trust?

At a minimum, you need a will! Call the office to set up an appointment ASAP!

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Answered on 7/28/03, 10:01 am
Todd Whatley Elder Law and Care Planning Firm of Arkansas

Re: Will or Trust?

I am simply offering advice from another part of the state than your first reply. The choice between a will and trust is dependent on a number of things. Of those, your assets and how they are currently titled, how you want them dispursed, and your desire for privacy of those transactions. Please understand that a will is only effective once you die. There are many other issues that come up prior to death that the will has no effect on whatsoever. If you do a will, also talk with your attorney about a Power of Attorney that will help someone take care of your business if you become disabled or imcompetent. Make sure that the Power of Attorney has provisions for HIPAA and sufficient gifting provisions if for some reason you need long term care assistance through medicaid. Our office focuses our practice to those issues and would be glad to talk to you if you are in the central Arkansas area.

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Answered on 7/28/03, 10:16 am


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