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Wills and Trusts

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Wills and Trusts

You Can’t Afford to be Without A Will or Trust

  • Without a Will or Trust, you may find a Judge and State law dictating who gets what, when, how, and how much!
  • Your family pays the price in aggravation, expenses, time, and frustrations of probate and more
  • You can lose your privacy because probate is a public process. Much of your and your family’s private information is published in the public court records

Save Your Family From the Ordeal of Probate

Your comprehensive plan saves your family from the headaches, expenses, and anguish of going to court for Probate

Protect Your Family

Your plan protects your money & assets.

Rest Easy & Stop Worrying When Your Will and Trust are 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 Get it…Wills and Trusts Seems Hard and Intimidating so We’re Here to Help

Wills and Trusts 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.

We’ve helped thousands of people just like you create a effective Wills and Trusts with little to no stress.

Gary DeWitt - Attorney at Law

Northwest Arkansas Wills and Trusts – Your Guide to Success

I know first hand how hard it is to lose somebody and the headaches that follow. 

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.

Martha Carson
Martha Carson
January 24, 2023.
They are the BEST !!!!
Carl Wilmsen
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
sheryl bolinger
December 5, 2022.
Very thorough and helped ease my nerves
GG2 Sports Cards
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
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!
Andrew Kuszak
Andrew Kuszak
November 8, 2022.
Wonderful to have all the things in place to take care of each other and our kids if anything were to happen. We learned so much through this process and now feel prepared and educated. This has been the best team to work with through this process. Adulting isn’t always fun, but being prepared does help take some of the anxiety and strain away.
Delcie Kincaid
Delcie Kincaid
October 14, 2022.
I highly recommend Gary and Winnie. They did what I was told couldn’t be done. Plus they are easy going, thus making this difficult experience way less stressful.
Ethel Washington
Ethel Washington
September 9, 2022.
This book came at the right time. Family member was ill with no will? no directive. That situation awakend of us.Got my will and POA'S done. Thank you Gary and family. Ethel Washington
Julie Stuart
Julie Stuart
September 7, 2022.
Gary and his staff have been wonderful to work with. Having never had to deal with estate issues or being an executor before, Gary walked me through each step of the process. He and his staff patiently answered all of my numerous questions and reassured me that I was doing everything correctly. Highly recommend Gary and his staff. I wish they practiced law in the state that I reside in.

What Happens Without a Will – Intestate Administration in Arkansas

If you don’t have a Will State law determines what happens to what you had. This process is called “Intestate Administration.” The State has a plan written that says who gets what, when, how, and how much! The Judge controls most of “Intestate Administration” following state law.

If you only have a Last Will and Testament your family faces the ordeal of Probate. Probate is much like “Intestate Administration” except you leave a list of who gets what, when, how, and how much. You also use your Last Will to nominate who will raise minor children or care for disabled children.

Here are the basics of what happens without a Will in Arkansas Probate Court:

  • Your spouse gets 1/3rd of everything other than real estate
  • Your spouse gets 1/3rd of the real estate for life (a “life estate”)
  • Your children get the other 2/3rds

Types of Trusts

The main thing to remember is that trusts are used to protect family, protect assets, and avoid probate.

Revocable Trust

This trust is setup during your lifetime. Under the terms of the Trust, you can change or even revoke the trust while living and competent. These trusts do not protect assets from Medicaid or help you qualify for Medicaid.

The main purposes of a revocable trust are to avoid probate, provide for asset management, and protect your children from their problems later.

Irrevocable Trust

Generally an irrevocable trust cannot be changed. Once assets go in, they stay in. If the grantor and ALL the beneficiaries agree, the terms can be changed in Arkansas.

These trusts DO protect assets against Medicaid. BUT you need 5 years for this protection to be absolute. Until then, Medicaid will impose a penalty period for the transfer to the irrevocable trust.

Wills and Trusts

Get The Dangers of Not Having a Will or Only a Will…FREE

Get The Answers to These Questions:
  • What more than a Will do I need to protect me, my family, and my money?
  • What happens if I don’t have a plan and something unexpected happens tomorrow?
  • What happens if I only have a Will?
  • How do I shield my family from the ordeal of Probate with its exorbitant legal fees, Government intrusion, and publicity?
  • How do I avoid tragic lifetime legal problems for myself and my family caused by lack of planning?
  • What do I need to stop the Government from intruding into my private family affairs and protect my privacy?
  • Should I have a Will or a Trust (or both)?
  • Is a Will enough to protect me, my family, and my money?
  • What causes Probate and why Probate?
This book is normally $29.00, but is yours free. We pay the shipping.

How to Get Started

Wills and Trusts in  Springdale, Fayetteville,  Bentonville, Bella Vista, Rogers and all of Northwest Arkansas.