Estate Litigation

Estate Litigation Attorney in Benton County

Courtroom-Ready Representation for Contested Wills, Trusts, & Fiduciary Disputes in Arkansas

When a will is challenged, a trustee oversteps their authority, or heirs can’t agree on what a loved one intended, the matter stops being an administrative process and becomes a legal fight. We handle that fight. At Arnold and Associates, LLC, our litigation background is a direct asset in these cases. Founding attorney Makenzie Arnold has been licensed since 2015 and has handled thousands of cases across Arkansas courts, including contested matters that require serious courtroom preparation.

Estate disputes aren’t routine probate work. They demand aggressive, thorough advocacy. We’re straightforward with our clients and relentless in the courtroom.

If you’re facing a contested will, a trust dispute, or a situation where a fiduciary may be mismanaging assets, contact us today at (479) 383-2475 to discuss your options.

Types of Estate Disputes We Handle

Estate litigation covers a broad range of conflicts involving a decedent’s assets and wishes. These disputes can arise between family members, between beneficiaries and appointed fiduciaries, or when the validity of a document is called into question entirely. We represent clients in the following categories of contested matters:

Will contests: Challenges to the validity of a will based on grounds recognized under Arkansas law, including lack of testamentary capacity, undue influence, fraud, or improper execution
Trust administration disputes: Claims arising from how a trustee is managing, investing, or distributing trust assets
Breach of fiduciary duty: Actions against personal representatives, trustees, or other fiduciaries who have failed their legal obligations to beneficiaries
Inheritance disputes among heirs: Conflicts over the interpretation of a will or the distribution of estate assets
Guardianship and conservatorship disputes: Contested proceedings over who should make decisions for a vulnerable adult, which can arise before a person’s death and are separate from post-death probate matters

Will Contests & Fiduciary Disputes in Arkansas

In Arkansas, standing to contest a will generally requires being an interested person under probate law, such as an heir, a named beneficiary, or a beneficiary under a prior will. Recognized grounds include lack of testamentary capacity, undue influence, fraud, and improper execution. These aren’t abstract legal theories. Proving them requires evidence, witnesses, and courtroom advocacy.

Personal representatives owe fiduciary duties to beneficiaries and can face personal liability for mishandling estate funds or failing to follow Benton County Circuit Court procedures. When a personal representative is accused of mismanaging assets or breaching that duty, the matter may require formal intervention through the court’s probate division. The Arkansas Trust Code also allows a court to compel a trustee to redress a breach by paying money, restoring property, or other remedies, and to remove a trustee in serious cases.

Guardianship & Conservatorship Disputes

Not all estate-related litigation happens after someone dies. Guardianship and conservatorship proceedings can be filed to address concerns about a vulnerable adult’s care or finances while that person is still living. These disputes turn on who has the authority and responsibility to make personal or financial decisions on someone’s behalf. The Benton County Circuit Court’s probate division has jurisdiction over these matters alongside wills and estate administration.

Warning Signs of Fiduciary Mismanagement

Beneficiaries don’t always know something is wrong until assets have already been moved or spent. If you’re a beneficiary of an estate or trust, watch for these red flags:

Self-dealing: The fiduciary transacting with the estate or trust for their own benefit
Missing or unaccounted-for assets: Property or funds that can’t be traced or explained
Commingling of funds: Estate or trust money mixed with the fiduciary’s personal accounts
Failure to account: Refusal or inability to provide beneficiaries with a proper accounting of assets and distributions

A breach of fiduciary duty can result in court-ordered removal and restitution to beneficiaries, but those remedies depend on acting before assets are dissipated.

Continue Reading Read Less

Testimonials From Former Clients

Real Stories, Real Results

Our clients’ experiences speak to the dedication, preparation, and advocacy we bring to every case. Read what former clients have shared about working with our team.

"A Fierce Yet Compassionate Advocate"
Makenzie Arnold was an absolute lifesaver during one of the hardest times in my life. From the very first consultation, she was different from the other lawyers I spoke with—she didn’t just listen, she *fought* for me.

- Jennifer H.
"Cannot Recommend Makenzie Arnold Enough"
Cannot recommend Makenzie Arnold enough. She handled my custody case with more compassion and grace than I could have ever imagined. It was incredibly obvious that she actually cared about my family and our needs.

- Todd
"She Was Instrumental in Winning Our Case"
Makenzie Arnold is without a doubt the best attorney I've ever worked with. She answered emails quickly, she explained things to us well. She is an absolute bulldog in court.

- Jarrod C.
"Hands Down the Best Attorney"
She has grit and integrity. We had a very difficult case with the odds stacked against us. We came out on top. She's highly ethical and commands a solid understanding of the law.

- David L.
"She Was Truly on My Side"
It was a relief knowing I could trust her to advocate for me. She kept me informed and was available to answer questions I had along the way. Will absolutely work with Melanie again if I ever have other legal needs!

- Becca S.
"A Gem in The Legal Field"
Payton's kindness, understanding, and responsiveness truly set her apart as a top-notch lawyer. Throughout the entire process, she eased my fears and made me feel like I had a dedicated advocate fighting for me and my children.

- Meggan
"Kind, Professional, and Supportive"
Morgan Woelke was incredibly kind, professional, and supportive, patiently guiding me through every step of the process and always making sure I felt informed, confident, and well assisted throughout my case.

- Lilian C.

View All Reviews

Why Choose Arnold and Associates, LLC?

The Right Firm MAkes A Difference

Trial-Tested Advocacy

We prepare every case with a courtroom mindset and are always ready to fight for you when it matters most.
Client-First Approach
You are never just a case number. We take the time to understand your goals and build a strategy around what matters most to you.
Proven Experience
With thousands of cases handled, we bring real-world experience and practical insight to every legal challenge.
Aggressive When It Counts

We negotiate strategically, but we won’t hesitate to push hard when your rights or your family are on the line.
Free Consultations Available

We offer free consultations for select case types so you can understand your options, ask questions, and feel confident about your next steps before making any commitment.
Flexible & Accessible

We offer flexible meeting options and responsive communication because legal issues don’t always happen on a convenient schedule.

Why Benton County Families Choose Arnold and Associates, LLC

We bring thousands of cases’ worth of experience, strong working relationships with courts across Arkansas, and a commitment to treating every client as a person, not a file number. We don’t posture for appearances. We prepare to win. That means building a case grounded in evidence, knowing the Benton County Circuit Court and its procedures, and being ready to try the matter if a fair resolution can’t be reached any other way.

Estate disputes are among the most emotionally charged situations a family can face. We take that seriously, which is why our clients get honest, direct counsel from the first conversation.

Schedule a Consultation About Your Estate Dispute

We offer consultations for estate and trust matters in person or virtually, and free consultations are available for select case types. We also offer bilingual service for Spanish-speaking clients (Hablamos español).

To speak with an estate litigation attorney in Benton County, Arkansas, call Arnold and Associates, LLC at (479) 383-2475.

Acting Quickly in a Will or Trust Dispute

Arkansas law imposes filing deadlines for challenging a will’s validity or contesting a trustee’s actions. Missing those deadlines can permanently forfeit your right to pursue the claim, regardless of its merits. Delay also creates a practical problem: The longer disputed assets sit in a fiduciary’s hands, the greater the risk they’re distributed, spent, or transferred before a court can intervene.

If you suspect a will doesn’t reflect your loved one’s true intentions, or that a personal representative or trustee isn’t acting in the estate’s best interests, the time to raise those concerns is now. Early action preserves options. Waiting narrows them.