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Fayetteville Estate Planning Law Firm

Fayetteville Estate Planning Attorney

Protect Your Family & Money to be Your Family’s Hero

Estate planning is the superior and the only effective way to 
  • Get the peace of mind and security you and your family deserve.
  • Ensure your loved ones are taken care of, both financially and emotionally, during your lifetime and after you’re gone.
  • Prevent the traumatic ordeal of Probate
  • Clearly outline your wishes to eliminate family conflict and fighting
  • Protect your loved ones inheritance from lawsuits, divorce, creditors, waste, and more
  • Save your home from being sold to pay for long term care
Fayetteville Estate Planning

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Without a Plan You are Leaving Legal Messes and Ordeals for Your Family

  • If you don’t plan, Arkansas has written a plan for you and the State uses it by default. You and your family probably won’t like it
  • Your family pays the price in pain, expenses, time, and frustrations of legal ordeals and messes, like Probate and more
  • Your family will face the long ordeal of Probate (the State’s plan). You don’t control who inherits…the State does
  • If you’re suddenly incapacitated you don’t control who makes your personal, financial, legal, and healthcare decisions…the State does
We don’t want that for you. Our plans have given thousands of people the peace of mind they deserve. We have a plan that will work for you too.

It doesn’t have to be that way. 

Avoid the Mess of Probate for Your Family’s Peace of Mind With an Estate Plan

Effective estate planning saves your family from the headaches, expenses, and anguish of probate, eases their lives, and gives you peace of mind

Protect Your Home From the Nursing Home and Probate With an Estate Plan

Don’t give it all to a nursing home. Don’t lose a big chunk to probate. Know somebody you know and trust will be in charge when you can’t be.

Rest Easy & Stop Worrying When Your Estate Plan is Done

Your plan will give you peace of mind and confidence that you’ve done all you can to protect you, your family, and your money the best way possible.

We Understand…Estate Planning Seems Hard and Intimidating so We’re Here to Help

Estate planning can be intimidating and seem difficult. Not only are you forced to think about what happens when you die, but you also have to make potentially family and life altering decisions.

The good news is — it doesn’t have to be this way!

With a little help, you can be sure that your assets go to whom you want, when you want, and in the way that you want. I offer a free 15-minute call just to get to know each other and Discover if … and how … I can help you. Book a call now.

Fayetteville Estate Planning
Fayetteville Estate Planning

 Your Guide to Success

I know first hand how hard it is to lose somebody and the headaches that follow. I know the importance of having a plan in place.

My father passed away of a sudden heart attack in 2010. Because of this, mom and I had to take the family ranch through probate – for the third time since 1975.  This was an extremely long and stressful process and it is the last thing that anyone wants to go through while they are mourning.

I decided then and there a better way must exist. And it does. That better way is an effective estate plan.

I’ve helped 1000’s of families avoid probate and other legal messes.

Bill Durham
March 16, 2023.
Great people! Very experienced with constant communication. I highly recommend the DeWitt Law Firm.
Nannie 6
February 9, 2023.
The DeWitt firm helped us through this difficult time of dealing with the probate process of our deceased son's estate. We appreciate his thoroughness and effiecency during this time....communication and helping to guide us through this has been key. We appreciate Gary in his expertise of all of our legal affairs.
Arkansas Fitness Network
February 7, 2023.
I am extremely pleased with my experience working with DeWitt Law Firm during a difficult time. The team, led by Gary DeWitt, was by my side before and after the passing of family members. They took special care in ensuring that not only was our estate protected, but our family was made comfortable while living. Their professionalism, compassion, and expertise made the process seamless and stress-free. Gary and his team went above and beyond to make sure our family was taken care of during a challenging time. They were knowledgeable, responsive, and always available to answer any questions we had. The peace of mind that comes with having a solid estate plan in place is priceless, and I will be eternally grateful for the support DeWitt Law Firm provided us. I highly recommend DeWitt Law Firm to anyone in need of estate planning services. Whether you're just starting to think about estate planning or you're ready to update your current plan, Gary and his team are here to help. They truly care about their clients and their families, and I couldn't be happier with my experience working with them. Danny White
Martha Carson
January 24, 2023.
They are the BEST !!!!
Carl Wilmsen
January 24, 2023.
Over the years, we have engaged attorneys to help navigate the legal process for various reasons. In the last three years, we have had to engage estate attorneys in two different states to assist with probate matters. Not being from Arkansas, we didn't know of any attorneys and were given a referral to Gary DeWitt. Wow! What a different experience for us. Gary is punctual, friendly, responsive, family-oriented, kind-hearted, and very knowledgeable. We are forever grateful for the referral to his law firm. From our view, when we have a legal question, we want answers as soon as possible, but most attorneys get to you when they can. Gary, however, makes you feel as if you are the only client he has - although we know this not to be the case. He truly does respond quickly to questions and goes - in my mind - above and beyond. It was over the holidays when I needed a letter to move things along with an insurance company. Gary was out of the office, but still replied and was able to assist us with the letter. No, I didn't really expect him to meet my timeline, but we were certainly grateful he went above expectations to get this letter to us! If you have any doubts about engaging Gary's firm, please don't. You will be happy working with him! Go meet with him. You will see for yourself he was made from a unique mold. I have not experienced an attorney like him in all my years! This is not a paid review. Just a review to motivate others like me to pick a good attorney!
sheryl bolinger
December 5, 2022.
Very thorough and helped ease my nerves
GG2 Sports Cards
November 29, 2022.
Easy to work with. I like to ask a lot of questions and they answered every one! Great communication! Very smooth process.
Alison Van Hecke
November 15, 2022.
Gary DeWitt did an amazing job working through a complex probate situation with our team. He was on top of it all and communicated with us and our client regarding the process. Highly recommend!
Fayetteville Estate Planning
Wealth Counsel Attorney

Guiding You Step-by-Step: Success System


Book a Call. Have your first meeting with us, talk with the attorney about your needs and goals, then talk about what plan fits you the best and what the price will be.


We’ll design a plan customized for you and your family. We’ll keep you informed every step of the way. We’ll finish in weeks.

Relax With Peace of Mind

Put your plan into action so you can get back to enjoying the best years of your life.

Fayetteville Estate Planning – The Superior and Only Effective Way

Estate planning is the superior and the only effective way to protect what you have from the nursing home, avoid probate, and prepare for incapacity for your peace of mind and quality of life

Estate planning is about preparing for the management of your affairs and distribution of your assets during and after your lifetime. A great estate plan will minimize (or eliminate) taxes and other major expenses like probate and losing it all to a nursing home. A plan also prepares for any chance of incapacity in the future. Plans allow your family to act instead of react when time matters most.

A great plan answers these questions, and more:

  • How can I save my house from the expenses of nursing home care and ravages of probate?
  • How can I make it easier on my family during already hard times by avoiding probate and other legal messes?
  • Who will take care of and raise my children if I can’t?
  • How do I assure who gets what, when, how, and how much and manage it wisely?
  • Who will manage my assets and affairs when I’m incapacitated?

What is Fayetteville Estate Planning?

Estate planning is a process that involves making decisions about what will happen to your assets and property after you pass away. The purpose of estate planning is to ensure that your assets are distributed according to your wishes and that your loved ones are taken care of. Estate planning is not just for the wealthy – it is essential for anyone who wants to protect their assets and ensure that their family’s future is secure.

Benefits of Fayetteville Estate Planning

There are several benefits to Fayetteville estate planning. Firstly, it allows you to dictate how your assets will be distributed after your passing. Without an estate plan, your assets will be distributed according to state law, which may not reflect your wishes. Secondly, estate planning can help minimize estate taxes and other expenses, which can save your loved ones money in the long run. Finally, estate planning can help you plan for the future, including incapacity or disability.

What is Included in an Estate Plan?

An estate plan is a collection of legal documents that outline how your assets will be distributed after your passing. The most common documents included in an estate plan are a will, trust, power of attorney, and healthcare directive. Your estate plan may also include other legal documents, such as a living will or a durable power of attorney.

Why is it Important to Start Planning Early?

It is important to start planning early because you never know what the future holds. If you wait too long, you may not have the time or the capacity to create an estate plan. Additionally, starting early allows you to make more informed decisions about your assets and your family’s future.

Creating an Estate Plan

Creating an estate plan involves several steps. Here’s a brief overview:

Documents Needed for an Estate Plan

The most common documents needed for an estate plan are a will, trust, power of attorney, and healthcare directive. These legal documents ensure that your assets are distributed according to your wishes, even if you are no longer able to make decisions for yourself.

Choosing an Executor or Trustee

An executor or trustee is the person responsible for carrying out your wishes after your passing. Choosing the right person is crucial, as they will have a significant role in managing your estate. It is important to choose someone who is trustworthy, responsible, and capable of handling the responsibilities of an executor or trustee.

Planning for Incapacity

Planning for incapacity is an important part of estate planning. It involves designating someone to make decisions on your behalf if you become incapacitated or unable to make decisions for yourself. This person is called a healthcare proxy or agent and is responsible for making medical decisions on your behalf.


Trusts are a legal arrangement in which a trustee holds assets for the benefit of a beneficiary. There are several different types of trusts, including revocable trusts, irrevocable trusts, and special needs trusts. Trusts can be used to protect your assets, minimize taxes, and ensure that your loved ones are taken care of after your passing.

Different Types of Trusts

Revocable trusts are trusts that can be changed or revoked during your lifetime. They are popular because they offer flexibility and can be used to avoid probate. Irrevocable trusts, on the other hand, cannot be changed or revoked once they are created. They are commonly used for tax planning or to protect assets from creditors.

How Trusts Work

When you create a trust, you transfer ownership of your assets to the trustee. The trustee is then responsible for managing the assets and distributing them according to your wishes. Trusts are a flexible and versatile estate planning tool that can be customized to meet your specific needs.


A will is a legal document that outlines how your assets will be distributed after your passing. It is a crucial component of estate planning and ensures that your wishes are carried out. Without a will, your assets will be distributed according to state law, which may not reflect your wishes.

Basics of Wills

A will typically includes information about who will inherit your assets, how they will be distributed, and who will be responsible for carrying out your wishes. It is important to choose an executor who is trustworthy, responsible, and capable of carrying out your wishes.

Different Types of Wills

There are several different types of wills, including simple wills, pour-over wills, and holographic wills. A simple will is a basic document that outlines how your assets will be distributed. A pour-over will is used in conjunction with a trust and ensures that any assets not included in the trust are transferred to the trust upon your passing. A holographic will is a handwritten will that is often used in emergency situations but may not be valid in all states.

Choosing an Executor

Choosing an executor is an important part of estate planning. An executor is responsible for carrying out your wishes after your passing and should be someone who is trustworthy, responsible, and capable of handling the responsibilities of an executor.

Tax Planning

Tax planning is an important aspect of estate planning. It involves minimizing estate taxes and other taxes associated with transferring assets to your heirs.

Estate Tax

The estate tax is a tax on the transfer of assets after your passing. The federal estate tax exemption is currently $12.9 million, which means that estates valued at less than $12.9 million are not subject to the estate tax. However, state estate taxes may apply to estates valued at less than $12.9 million. At this time, Arkansas does not have an estate tax.

Gift Tax

The gift tax is a tax on the transfer of assets during your lifetime. The annual gift tax exclusion is currently $175,000, which means that you can gift up to $15,000 per year to an individual without incurring gift tax.

Generation-Skipping Transfer Tax

The generation-skipping transfer tax is a tax on the transfer of assets to beneficiaries who are more than one generation younger than you. The current generation-skipping transfer tax exemption is $12.9 million.


In conclusion, Fayetteville estate planning is an essential process that involves making decisions about your assets and how they will be distributed after your passing. It is a comprehensive process that involves planning for your future, your family’s future, and your legacy. At the DeWitt Law Firm, we specialize in providing estate planning services to clients who want to protect their assets and ensure that their loved ones are taken care of. Contact us now to learn more about how we can help you create a solid estate plan that will protect your assets and your family’s future.

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What is Estate Planning?