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Wills and estate planning

Wills / Trusts

A will directs how your property is handled after you die. A trust can do more than that, both during your life and after it. Neither is only for people with a lot of money.

A will

A will says who gets what, names the person who carries it out, and if you have children, names who you would want to raise them. That last one is the reason most young parents finally get around to it.

What Arkansas actually requires

The rules are about the signing rather than the wording. You need at least two witnesses. You have to tell those witnesses that the document is your will, which sounds like a formality and is not. Your signature goes at the end of the document, and the witnesses sign at your request and in your presence. Notarising a will is not what makes it valid in Arkansas.

Arkansas also recognises a handwritten will, where the body and the signature are in your own hand. That is a real option, but it is not the easy one it sounds like: establishing it later takes three credible disinterested witnesses to your handwriting, and that burden falls on your family at the worst possible time.

A trust

A trust can do more than a will, both during your life and after it, and it can keep matters out of probate. Whether that is worth it depends on what you own and what you are trying to arrange. We will tell you honestly if a will is enough for your situation, because for a lot of people it is.

Wills made online

An online form can produce a valid Arkansas will, because the law cares about how it is signed rather than where the words came from. What we see go wrong is the signing: too few witnesses, nobody told the witnesses it was a will, people signing outside each other’s presence, a signature that is not at the end, a document that is part typed and part handwritten and so qualifies as neither, or a witness who stands to inherit.

Worth knowing too that Arkansas law does not currently provide for a fully electronic will. The general rules that let you sign things electronically specifically do not extend to wills.

When to look at it again

After a marriage, a divorce, a birth, buying property, or a real change in your finances. A plan made for a life you are no longer living is not much of a plan.

What this looks like

  1. We talk about what you own, who depends on you, and what you want to happen.
  2. We recommend the documents that actually fit, rather than the largest possible package.
  3. We draft them and go through them with you in plain language.
  4. We sign them with the witnesses Arkansas requires, in the way it requires.
  5. You keep the originals somewhere sensible, and we tell you where that is.

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