The agent I had to carry out my cremation has passed away. I need to set another one but, don't know where to get another legal document.
This is a great article on this topic. Also, there is a form that is referenced early in the article that allows you to complete a form, sign it and have it witnessed and those wishes will be followed. http://www.nolo.com/legal-encyclopedia/making-funeral-arrangements-arkansas.htmlSee question
I plan to use one or the other, but want to go with the easiest to carry out
As an Arkansas attorney I can tell you that if you are looking for ease of carrying out your wishes, you use neither. You make sure that all of your assets are titled so that they are owned by you now and then automatically transfer to those you want to get them instantly upon your death. You do this by use of Payable on Death (POD) on you bank accounts and use of some type of deed that does the same thing.
Now, there are times when that plan doesn't work. You do NOT want to use a Will in Arkansas if your estate doesn't have to go to probate. Probate is expensive and time consuming and should be avoided. However, if you have minor children that will need to have a judge decide who will become the guardian, then you are going to court anyway and therefore you might as well let the judge carry out your decisions based on the Will. However, if you don't have minor children, then your estate can and should be determined outside of court.
A trust is the other way to avoid probate. A trust is a legal entity that can own property. The trust doesn't die when you die. Since it owns all the assets, it doesn't go through probate. You name a secondary Trustee so that the secondary Trustee can then do what is needed at the time of your death. Typically, this is done outside of court and just happens. A trust allows you do have a very specialized distribution scheme and most likely allow for asset protection for the beneficiaries. It is more costly to create but it has the most flexibility.
You do need to speak with an attorney that knows estate planning and will give you good solid advice that is in your best interest.See question
I don't no if she left any thing for me land or money
A waiver is allowing the case to proceed without you (or your father) being advised of the procedures going on in court. Many times if the case is uncontested and everyone pretty much knows what is going to happen, then everyone signs a waiver to help speed up the process and allow the attorney to work with less hours involved. When you do not sign the waiver, you will be sent notices of all court dates and there may actually have to be court dates when there would not be if all the heirs signed the waiver. Usually, the case is more expensive and more time consuming when you do not sign the waivers. However, if you want to know what is going on, don't sign the waiver.See question
I am 53 year old unemployed with no property/savings ==> eligible for Medicaid. Will I still be eligible if my daughter claims me as a dependent on her tax forms ? Is Medicaid eligibility based on household or individual income level ? I know that...
I am not as familiar with this type of Medicaid as I am with long term care Medicaid. I would suggest you go to the local Department of Human Services office and sit down and talk to them. They are pretty good when dealing with issues like this. I do know for long term care (nursing home Medicaid) they only look at the income of the person going onto Medicaid. However, you are asking about the expansion part of it and those rules are so new, that I am not familiar with it. However, the local caseworkers are usually pretty good and should be able to help you. Good luck.See question
What happens to the living will and trust now?
You really have to see a copy of the trust. If you are a beneficiary of the trust you should be able to get a copy. The key thing you should look for is if the trust becomes irrevocable at the time of your dad's death or if it remains revocable.See question
How do I get a copy of my great grandpas last will and testament? His daughters have it but they will not give or let me see it? So I wonder if they left something to me that they don't want me to get.
Your suspicions are most likely correct. Not producing something is usually a sign something is up. You will need to file a probate and claim that either there is no will or that you know who has the will and the judge will then possibly require that they produce it. However, you will have to front all of the costs to open the estate which can be significant. Once the case is open, then a judge will help you get to the bottom of the situation. You will need to find an attorney that does Probate and that is willing to litigate.See question
How hard will it be to put her in a nursing home because of her health is going down fast. She lives with her son and his wife.
As an attorney in Arkansas, I will tell you this is a problem. Gifting money always causes problems. However, since she is now living with her children, there are some exemptions to the gifting rules that may apply. Therefore, I suggest you meet with an experienced Elder Law Attorney in the state where your mom may be seeking benefits to get good advice as to the rules in that that state and see if any of the exemptions apply.See question
I am wanting to know if Medicaid will help pay. For it. She is getting to the point if she falls my wife would have to call 911 because she has had one back surgery and getting ready to have another one.
If your mom gave away the money, that's going to be a problem. You do need to meet with an experienced elder law attorney who can work to reduce the penalty or look for any exception that may apply so a penalty is not assessed.See question
The trustee sent in the paperwork to be finalized two weeks ago to the estate attorney and it does NOT have to be court approved. I understand that the process takes time and also depends on how many other case loads he/she has. Just curious what ...
First, I'm not sure what the attorney has to do with it. The trustee is the one with the power to make the distributions. The trustee may be using the attorney simply for guidance. I think the guidance required should not take long. The trustee needs to call the office of the attorney and ask when this task will be completed. If the answer is not satisfactory, then the trustee is free to contact someone else to help them distribute the funds of the trust. As far as a timeline, I think the Trustee should hear from the attorney within a week to 10 days at the most. The further distributions are strictly based on the terms of the trust. They could be immediate or they could take a lifetime if the asset produces income that length of time.See question
I am 64 and have not signed any documents to give them power of attorney and am not mentally disabled. I'm sure there is a paper trail to show where the funds came from. I feel that I am capable of living on my own again but they are only giving ...
You honestly need to call an attorney. Take as much documentation as you can with you. There are many more facts that you did not mention in this question that will need to be determined in a meeting with an attorney.See question