Areas of Practice
Trust Litigation
tRUST cHALLENGES
Filing challenges, defending challenges, enforcement under Arkansas Trust Code, defense under Arkansas Trust Code, and actions under trusts adopted prior to Arkansas Trust Code adoption.
tRUST eNFORCEMENT
Enforcing trust provisions, compliance by trustee, compliance by beneficiary, specific performance of trust agreement, and implementing trust.
tRUST iNTERPRETATION
Interpretation of trust agreement, dealing with ambiguous trusts, declaring the effect of a trust, changing revocable trusts, and changing irrevocable trusts.
Defense of Trustee
Compliance with fiduciary duties, compliance with Arkansas Trust Code, fiduciary discretion, powers under trust instrument, statutory powers, implied powers, and common law powers.
REMOVAL OF TRUSTEe
Breach of fiduciary duties, breach of Arkansas Trust Code duties, abuse of fiduciary discretion, exceeding powers under trust instrument, abuse of statutory, implied powers, and common law powers.
Property Litigation
BUSINESS AND COMMERCIAL LITIGATION
Breach of contract, failure to pay, failure to perform, fraud, misrepresentation, insurance claims, insurance litigation, and general business litigation.
REAL ESTATE LITIGATION
Establishing legal ownership of land, removing “clouds” or disputes on title to land, trespass, ejectment, removal of holding over tenants, unlawful detainer, recovering damages to land, and fraudulent conveyance of land. Confirming full title to land, confirming tax sales, setting aside tax sale limited deeds.
DECLARATORY JUDGMENTS
Declaring the rights under a contract, declaring the rights between people and businesses, declaring rights under a trust, declaring rights under business contracts and disputes.
Probate
WILL PROBATE
Probating wills, probating of non-resident wills, ancillary probate, avoiding probate, and distribution of small estates.
ESTATE ADMINISTRATION
Probate administration, inventory, accounting, bonds, terminating bonds, partial distribution, final distribution, division of estate assets, no will probate, disinheritance, pretermitted heir claims, fiduciary deeds, appointment of personal representatives, removal of personal representatives, and waivers.
WILL CONTEST
Contesting will prior to probate, contesting will admitted to probate, filing claims against the estate, contesting claims against the estate, and contesting distribution of estate assets.
REAL ESTATE
Preparing deeds, leases, mortgages, mortgage releases, deeds of trust, easement deeds, right of way grants, reservation of easements, beneficiary deeds, and reservation of life estates.
Estate Planning
WILLS
Drafting and signing of wills, amendments to wills, revocation of wills, replacement wills, enforcement of lost wills, preparation of witness affidavits, and correction of wills.
TRUSTS
Revocable trusts, living trusts, limited trusts, powers of appointment, irrevocable trusts, trust amendments, removal of trustee, replacement of trustee, and revision of existing trusts.
DISINHERITANCE
Disinheritance by will, disinheritance by trust, disinheritance by conveyance, disqualification as guardian, disqualification as trustee, and omission from estate plan.
POWERS OF ATTORNEY
General and limited business powers of attorney, general and limited medical powers of attorney, designation of guardians, durable powers of attorney, revoking existing powers of attorney, and designating whether extraordinary means will be used to prolong life.
Family Law
Divorce
Filing for and obtaining divorce, defending divorce suits, dividing property, protecting property, obtaining alimony, defending alimony requests, division of 401k and retirement accounts, division of pension and retirement accounts. Also under proper circumstances, annulments to declare the marriage did not occur.
Adoption
Adult adoption, single parent adoption, step-parent adoption, grand parent adoption, and defending adoption petitions.
GUARDIANSHIP
Adult guardianships, minor guardianships, inventory, accounting, petition to sell assets, guardianship of the person, guardianship of the estate, and guardianship of the person and estate.
Small Business
CORPORATIONS
Incorporating business, incorporation minutes, fictitious corporate names, by-laws, stock issuance, stock restrictions, annual minutes, special minutes, winding up, and dissolution of corporation.
LIMITED LIABILITY COMPANIES
Forming limited liability company, preparing company records, drafting operating agreements, amending operating agreements, and annual records.