Legal Question in Real Estate Law in Arkansas

my sister's will

The state of AR sold all my sister's belongings and home before she died. Aren't they responsible to pay her debters? In August of 08 she was still in a rest home


Asked on 11/21/08, 5:26 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: my sister's will

Unfortunately, your question may depend upon Arkansas law as I assume she was a resident of that state at the time she passed away. If she died insolvent, then the State does not pay her creditors, rather, they are stuck with uncollectible debts. When your sister passed away, what is left of her assets and debts is called an estate. If she died without a will or trust, then she is considered to have died intestate. In California, when someone dies and has no assets, the creditors are stuck with uncollectible debts. You should "probate" your sister's estate - probate is a court proceeding in which the courts determine what, if any assets, get distributed to whom. If she has nothing left most states have a simple probate that is very short and easy to accomplish. But again, you need to contact an AR attorney, as that is where this will all take place.

Good luck, and I am sorry to hear of your loss.

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Answered on 11/24/08, 12:20 pm


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