Trusts

Trusts in Benton County

Trust Planning for Arkansas Families, Backed by Courtroom Experience

A trust is a legal arrangement in which a person (the grantor or settlor) transfers assets to be held and managed by a trustee for the benefit of named beneficiaries. Done right, it’s one of the most flexible tools in estate planning. Done wrong, it can leave a family in the same court process it was meant to avoid. At Arnold and Associates, LLC, we draft trusts with an eye toward both the planning table and the courtroom because we know how disputes unfold when plans are challenged.

We’re based in Rogers, Arkansas, and serve families throughout Benton County and the broader Northwest Arkansas region, blending extensive courtroom experience with a client-focused approach that helps people make sound decisions during high-stakes legal moments.

Ready to talk through your trust options? Call us at (479) 383-2475 to get started.

Why Benton County Families Work with Us

We’ve handled thousands of cases, and that volume builds judgment you can’t manufacture. We know how Arkansas courts think, and we’ve built strong relationships across the state. When a trust we’ve drafted is later tested, we can help defend it.

We’re relatable and compassionate with clients, aggressive and relentless when the situation calls for it. We genuinely love trial work, and we fight hard for the best possible outcomes. Every client is a person to us, not a file number, and that carries through every stage of representation.

Trust Types Under Arkansas Law

Arkansas adopted the Uniform Trust Code in 2005, now codified as the Arkansas Trust Code at Arkansas Code Annotated Title 28, Chapter 73. That framework governs how trusts are created, administered, and challenged in this state. Every trust involves three roles: the grantor or settlor who creates it, the trustee who manages it, and the beneficiaries who receive its benefits.

Revocable vs. Irrevocable Trusts

The most important structural choice is whether a trust is revocable or irrevocable. Under Arkansas law, unless a trust document states otherwise, it’s presumed to be revocable, meaning the settlor can amend or cancel it during their lifetime (Ark. Code 28-73-602). A revocable living trust is the most common planning tool for families who want to manage assets during their lifetime and transfer them efficiently at death.

An irrevocable trust generally can’t be changed once established. Arkansas law does allow modification or termination if the settlor and all beneficiaries consent, or with court approval when unanimous consent isn’t possible (Ark. Code 28-73-411). Irrevocable structures are often used for asset protection or tax planning goals that require permanence.

Special Needs Trusts

A special needs trust is a distinct category recognized within the Arkansas Trust Code framework. It provides for a person with a disability without disqualifying them from needs-based public assistance programs. Eligibility for those programs turns on asset limits, and a properly structured special needs trust holds assets outside that calculation.

Avoiding Probate in Benton County, Arkansas

Assets held in a properly funded trust are owned by the trust rather than the individual, so they don’t pass through probate at death. That matters in Arkansas. Unlike some other states, Arkansas hasn’t adopted the Uniform Probate Code, so its probate process isn’t streamlined. Without planning, a Benton County estate can take a year or more to close, involves court filing fees, and becomes a public record. Estates valued at $100,000 or less (excluding homestead and statutory allowances) may qualify for a simplified small estate affidavit process under Ark. Code 28-41-101, but most families with real property or meaningful assets may not fall under that threshold.

When families don’t plan around probate, those matters are handled through the probate division of the Benton County Circuit Court in Bentonville. A funded trust can bypass that process. The key word is “funded”: a trust document that was never used to retitle assets doesn’t avoid probate for those assets. Funding the trust is just as important as drafting it.

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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.

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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.

How We Help You Build & Fund a Trust

Our estate and probate practice covers wills, estate planning, trust drafting, and probate and estate administration. For trust clients, that means helping with the full process: identifying which assets to place in the trust, selecting a trustee and successor trustee, and formally funding the trust by retitling assets in the trust’s name. We also coordinate trusts with other planning tools, including pour-over wills that capture any assets left outside the trust at death.

Because our estate and probate work sits alongside our courtroom practice, we can represent clients when trust matters escalate, whether that’s a trustee dispute or a challenge to the trust’s validity.

Talk to Us Before You Decide Anything

We offer free consultations for select case types so you can understand your options before making any commitment. Meetings are available in person or virtually, and we serve clients in Spanish. Call Arnold and Associates, LLC at (479) 383-2475 to schedule your consultation.

When a Trust Is Contested or a Trustee Is Accused of Mismanagement

A trust can be challenged on many of the same grounds as a will: lack of capacity at the time of signing, undue influence over the grantor, or improper execution. These disputes can arise years after the document was created, often after the grantor has died and can no longer speak for themselves.

Beneficiaries can also bring claims directly against a trustee for breach of fiduciary duty, including mismanaging trust assets, self-dealing, or failing to provide required accountings. Under Arkansas law, a trustee who accepts appointment must notify the trust’s beneficiaries within 60 days and provide a copy of the trust document if requested. That obligation exists regardless of what the trust document says.

In Benton County, disputes over trust validity and trustee conduct are heard in the probate division of the Benton County Circuit Court. We have strong working relationships with Arkansas courts, including the Benton County bench, and we bring that knowledge to every trust dispute we handle.