Estate & Probate Law in Benton County

Estate Planning Services for Benton County Residents

Effective estate planning addresses both death and incapacity: what happens to your assets and who speaks for you if you can’t. We prepare comprehensive plans tailored to each client’s family structure and financial situation.

Revocable Planning Documents

• Last will and testament: Your foundational planning document. It names a personal representative to administer your estate, designates guardians for minor children, and specifies exactly who receives your property. Without one, the State of Arkansas makes those decisions through intestate succession law.
• Revocable living trust: A properly funded revocable living trust can bypass the time and expense of probate court, keep your financial affairs private, and allow for the transfer of assets to your heirs. It’s a preferred tool for many Benton County families who want to avoid the public court process.
• Powers of attorney: Designates a trusted person to manage your financial affairs during illness or injury, so your affairs don’t fall into legal limbo if you’re unable to act.
• Living wills and healthcare directives: A living will states your medical treatment preferences in advance; a healthcare directive names the person you trust to make medical decisions on your behalf. Together, these incapacity planning documents can help reduce family conflict during a medical crisis.
• Beneficiary deeds: An Arkansas-specific tool that allows real estate to transfer automatically at death, skipping probate entirely. Particularly useful for clients whose primary asset is a home.

Irrevocable Trusts Under Arkansas Law

An irrevocable trust differs from a revocable trust in one critical way: once assets are properly transferred in, a creditor generally can’t reach them. That protection comes with trade-offs, but for the right situations, it is a powerful planning tool available in Arkansas.

Asset Protection: Domestic Asset Protection Trusts
Arkansas Acts 291 and 293 (2023) made Arkansas a trust-friendly state by authorizing Domestic Asset Protection Trusts (DAPTs). A DAPT can help shield assets from future lawsuits, creditor claims, and business liabilities in ways a revocable trust can’t. This is especially relevant for professionals in high-risk fields such as doctors, contractors, and business owners across Northwest Arkansas.

Medicaid Planning: Medicaid Asset Protection Trusts
To qualify for long-term care Medicaid in Arkansas, a person generally can’t hold more than $2,000 in countable assets. A Medicaid Asset Protection Trust (MAPT) triggers the five-year look-back period. Once five years have passed from the date assets were transferred into the trust, they generally no longer count toward that limit, which can help protect a home and life savings for your heirs while supporting Medicaid eligibility for needed care. The look-back rule means early planning matters significantly.

Special Needs Planning
A Special Needs Trust (SNT) allows a person with a disability to receive an inheritance without losing government benefits such as Supplemental Security Income (SSI) or Medicaid. The trust holds assets on their behalf without automatically triggering disqualification from those programs.

Decanting: When an Irrevocable Trust Needs Updating
Act 293 now permits trust decanting in Arkansas. If an existing irrevocable trust has outdated language or no longer fits your family’s circumstances, a trustee can transfer assets into a new irrevocable trust with updated terms. Irrevocable trusts are far less permanent than they once were.