Wayne B. Ball’s Answers

Wayne B. Ball

Little Rock Estate Planning Attorney.

Contributor Level 3
  1. Re: Living Wills and who keeps them in their possession.

    Answered almost 2 years ago.

    1. Eric J Trabin
    2. Wayne B. Ball
    3. Joseph Franklin Pippen Jr.
    4. Robert A. Stumpf
    5. Michael A Kirtland
    5 lawyer answers

    I agree that you should certainly give a copy to your doctors as well as providing a copy to your spouse, significant other, or any person that you would designate to make life and death decisions on your behalf. There are also registries that will take a copy of the document and send you a card to carry in your wallet with your drivers license and identification alerting first responders how to obtain a copy online or by telephone and fax. One registry is Docubanks. You can find them online...

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  2. I was named executor & trust beneficiary in my late fathers will but my stepmother wants me to sign over his annuity to her?

    Answered almost 2 years ago.

    1. Wayne B. Ball
    2. James P. Frederick
    2 lawyer answers

    You definitely need the services of an attorney who can advise you of your rights, help you obtain information and documents so that you can make an informed decision and who can be your mouth piece. You have the right to see copies of documents and figures and would have no obligation to transfer the annuity. You should act promptly to protect your rights.

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  3. I am the beneficiary on my brothers checking and savings accounts he passed do I have to go through probate before I can receive

    Answered almost 2 years ago.

    1. Wayne B. Ball
    2. Michael A Kirtland
    3. James P. Frederick
    3 lawyer answers

    If your name is on the account either as a joint owner or as a Pay On Death, the bank will most likely pay the money to you upon satisfying them of the death of your brother. However, the circumstances of how the account was placed in your name needs to be investigated before concluding that you have the absolute right to retain the funds. If you were placed on the account simply as a convenience for your brother to pay bills and not intended as a gift then your brother's children may have...

    1 lawyer agreed with this answer

  4. Selling of heir property

    Answered almost 2 years ago.

    1. Ruth Elaine McMahon
    2. Robert E. Millsap III
    3. Wayne B. Ball
    4. Paula Brown Sinclair
    4 lawyer answers

    It may be too late to enforce any remedy regarding the sale of the first 40 acres. However, you should act quickly to protect your rights in the remaining 40 acres, and while investigating an attorney may discover a remedy for the first 40. Obtain copies of documents as soon as possible and consult with an attorney who can assist you in obtaining any that you may not have as well as investigating title to the property.

    1 lawyer agreed with this answer

  5. Myself & my brothers are executors to my late fathers will, there is no money in the estate to pay for lawyers fees etc?

    Answered almost 2 years ago.

    1. Wayne B. Ball
    2. Matthew Erik Johnson
    2 lawyer answers

    If I understand your question, the property is owned in a trust, with the surviving wife entitled to a life estate with the remainder passing to you and your brother. The life tenant has obligations to pay certain expenses relating to the property and cannot commit what is called "waste" or damaging the value of the remainder interest. It may be possible to commute the interests in the property so that the value of the life interest and the value of the remainder interest is established and...

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