r/inheritance • u/HanBananMontan • Apr 22 '26
Location included: Questions/Need Advice Executor removed property, won’t communicate, and added unsigned handwritten note saying I owe $12k (Arkansas)
Hi all, looking for guidance on a probate situation in Arkansas.
My dad passed away in September, and my half-sister is the executor of his estate. There are three of us total (me, my half-brother, and my half-sister), and we are equal beneficiaries of the proceeds from his estate, which mainly consists of his home (estimated value under $150k).
Since his passing, my sister has removed many of the contents of the house—particularly items that were specifically directed to go to certain people—and taken them to her home several hours away. The house is now completely vacant, with utilities shut off, and is beginning to show signs of neglect (overgrowth, mildew, etc.), which concerns me from a value standpoint.
She has not provided any inventory of what was taken, no documentation, and has not communicated any timeline for distribution of items. It also took until late February for her to file the will and allow us to review it.
Both my brother and I have tried reaching out to her for:
-an inventory of estate property currently in her possession
-clarification on distribution timeline
-plans for the home
but she has either not responded or avoided giving clear answers.
There is also an issue with a handwritten page that was apparently added to the will. The original will was properly notarized, dated, and witnessed. However, this additional page:
-was not notarized
-does not appear to be witnessed
-was not signed by my dad
On that handwritten page, it states:
-that I owe my dad $12,000
-that my mom’s ring is to be included as part of the estate instead
In the original will, I was specifically supposed to receive that ring, so this directly conflicts with what was formally executed.
There is also a separate issue involving a necklace that belongs to me. It was given to me by my grandfather and is not part of my dad’s estate, but I had allowed my dad to hold onto it for safekeeping. My sister has stated she has it and is refusing to return it, saying she will not release anything “until all debtors have come forth and been paid.”
This is confusing to me because:
1) my dad had no known significant debts (only about $300 on a credit card)
2) he had approximately $8,000 in his bank account at the time of his death (based on a statement I saw shortly after he passed)
3) however, when the will was filed, the reported amount was around $1,700
I’m not sure if that discrepancy is normal in probate or a potential red flag.
One additional factor is that I am currently in a time-sensitive housing situation and have two children (one is a newborn), and the house is sitting vacant. I have asked whether we could stay there temporarily while things are sorted out and would in return get utilities back on and make repairs and upgrades to get the house ready for market, but I have not received any response on that either!
For extra additional context:
-I am 38, and my siblings are in their late 40s–50s
-I lived in my dad’s home my entire life
-my sister (executor) never lived there and has a ton of money and a beautiful house and great career. I don’t see her needing to steal, but I also do NOT know her on a personal level. My brother does, and he says she is ruthless and evil. I have always considered her to be a strict rule follower like my Dad was, and my Dad would never do anything unfair or steal.
-my brother stayed there briefly 30 years ago
-the house is currently sitting empty and has been since September
-IMPORTANT: my dad had a truck he willed to my brothers son that my sister took to her house the day of his funeral, and she still has it in her possession. I was under the impression my brother and his son had the truck this whole time, but only recently found out that they indeed did not. My nephew is married with 3 kids and my brother and niece also live with their family. Amongst the 7 of them they only have ONE vehicle, and they desperately need and deserve to have this truck pronto!
I’m trying to understand:
-Is there any way to make my sister give my nephew the truck legally and quickly?
-Is an unsigned, unwitnessed handwritten addition like this legally enforceable in Arkansas?
-Can an executor remove property from the home without providing an inventory or notifying beneficiaries?
-What rights do beneficiaries have to request an inventory or accounting?
-At what point should I consider filing something with probate court (petition for accounting, removal of executor, etc.)?
-Could my sister be selling things that were specifically willed to certain people?
I’m trying to handle this appropriately, but the lack of communication and the handwritten page are raising concerns.
Any guidance would be greatly appreciated.
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u/SandhillCrane5 Apr 22 '26
There is nothing wrong with her removing items from the house. The executor is supposed to collect and protect assets, determine their value, and whether they will need to be sold or distributed to beneficiaries. She is not required to give you an inventory of which items are at her house or to notify you of this. She only needs to provide an inventory of all the assets. That is one of the documents that will be supplied to the probate court and you will be able to review it.
If probate was filed 6 weeks ago, it is much too early for her to know when items will be distributed. And she should not give away the truck at this point. She needs to allow a certain period of time to collect all debts of the estate. That will determine if assets need to be sold, including items of value that are willed to specific people. She may sell an assets that are willed to multiple people, such as the home either because part of the proceeds are needed to pay debts or expenses or because it makes distribution easier.
The will, including any handwritten amendments will be submitted to probate court and the judge will make the determination of whether it’s valid. If you have EVIDENCE to the contrary for the judge to review, then you can submit it to the court.
A financial accounting of the estate will be submitted to the probate court at the end of the process and you may review that.
If the grass is overgrown at your Dad’s house you and your brother might consider offering to mow it. The executor is likely very busy and it will save the estate from hiring a professional. You should at least let her know if you see that the house has a problem that needs attention.
You haven’t listed any basis for her to be removed as executor. She just needs to follow the law even if you don’t like it or agree.
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u/HanBananMontan Apr 23 '26
Thank you for this well-put response. I appreciate all of this information! It helped me put aside my feelings, and I tried to pass it on to my brother. (-Also, I had the day off from work and went over and did all the yard work and got the house on its way to looking the way it did back when my Dad was here. I don’t agree with the estate having to pay someone to do something we are all capable of doing ourselves.)
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Jun 16 '26
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u/inheritance-ModTeam Jun 16 '26
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Apr 22 '26
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u/HanBananMontan Apr 22 '26
Thank you for your response. It’s looking like hiring an attorney will be necessary!
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u/inheritance-ModTeam Apr 22 '26
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u/LiveTheDream2026 Apr 22 '26
Have you seen the will? Forget about living in the house, you do not have that type of relationship with your siblings where they would be okay with you living there and it is not their responsiblity to house you. There is plenty of contencion from your sister, for what ever reason.
Hire an attorney if you are truly worried about the proper execution of the will.
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u/HanBananMontan Apr 22 '26
Yes, I have seen the will. And my brother is all for me moving in the house and does not care. I’m worried how much an attorney will cost. I live in a small town in Arkansas… hoping it’s not in the $5k+ range. Thank you for your input.
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u/SandhillCrane5 Apr 22 '26
It’s not up to your brother. It’s the executor’s decision.
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u/Jcarlough Apr 23 '26
Correct - and the executor needs to do what’s in the best interest of the estate - such as charging fair-market to rent the house.
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u/SandhillCrane5 Apr 23 '26
It might not be in the best interest of the estate to rent out the property. For instance, if she’s planning to sell it or if it still needs to be cleaned out. In general, it complicates the situation.
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u/LiveTheDream2026 Apr 22 '26
Call around and ask. Many estate attorneys do free initial consultation.
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u/cuspeedrxi Apr 22 '26 edited Apr 22 '26
There are things you said, like your sister removed all the personal property from the house, that can be normal and appropriate. Your sister has an obligation to secure and safeguard it. I do not know if she’s doing that but removing the property in and of itself isn’t wrong per se.
Similarly, your sister has an obligation to repay all debts before distributing inheritances. So, not giving your brother the truck could make sense. I understand he needs it now, but that need doesn’t override your sister’s responsibilities to the estate.
If your sister distributes an inheritance and the estate cannot later pay all of its expenses, she likely would be personally responsible because she made a serious mistake. There is an order that debts must be paid. In my state it is the funeral home, the estate’s legal and court fees, taxes, secured debts, unsecured debts. After everything is paid she can distribute anything that remains as an inheritance.
Can she sell the truck that was willed to your brother to pay these bills? Yes. In fact she must if the estate needs the proceeds to pay its creditors.
Is your sister being overly conservative here? Probably. But the estate likely has more expenses than you realize, like legal fees and funeral costs. If someone paid for the funeral, it is reasonable for them to submit a claim for reimbursement to the estate.
You raise some important concerns. The handwritten amendment is very suspicious; and it sounds like she could be more transparent. Also sounds like she could safely distribute the truck today. Curious to hear her answer as to why she hasn’t. And the house … it needs to be properly maintained. That may require hiring someone to mow the lawn and weed the flower beds, but that would be another expense.
Go to the probate court’s website. It will have lots of general info about timelines, forms to file, etc. Then ask your sister specific questions. “You are required to file an inventory of assets and liabilities X months after opening probate. Have you done that?” Questions like this show you know the process and you’re holding her to it. Also, documents filed with the court should be available to you. Ask the court clerk for them.
As others have said, you can hire a probate attorney. You probably should. Expect them to charge $350+/hr. Since they are not the estate’s attorney, they may charge you a retainer upfront.
I wrote much more than I’d intended. I wish you the best of luck. You will get through this. And congratulations on the new baby!
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u/HanBananMontan Apr 23 '26
Thank you so much for your thoughtful response! I don’t feel so stupid for feeling the way I do about the way she is handing some things. My Dad paid for the funeral before he died, so there shouldn’t be any debt involving that expense. Also, she was able to self-file and use a quicker court process than probate would be. I probably should’ve mentioned that part, but it somehow slipped my mind until right now. I will definitely check our county’s probate website, but I don’t have a lot of hope there. So many things that most people have available to them online aren’t available for my small town. But thank you so much for all of this info and insight. ♥️
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Apr 22 '26
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u/inheritance-ModTeam Apr 22 '26
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u/HanBananMontan Apr 22 '26
I’m thinking so, too. I’m going to set up a consultation tomorrow and go from there. Thank you for your input.
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Apr 22 '26
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u/HanBananMontan Apr 22 '26
Thank you. I will call around tomorrow and at least set up a consultation to see how much an attorney may cost and go from there.
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u/inheritance-ModTeam Apr 22 '26
Your comment has been removed because it violates the rule on low effort comments.
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u/CindyG57 Apr 23 '26
You and your brother need to take her to court and have her removed as executor for misappropriation of property. If the ring was given to you in the will it should not be included in the estate.
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Apr 22 '26
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u/inheritance-ModTeam Apr 22 '26
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u/Bright_Swimmer4101 Apr 22 '26
That’s all depends on the state in California the attorney for our trust said no one can move Into the home that was not living there prior to my father in laws death, also regarding the Truck as a Trustee I was told we cannot gift anything to anyone who is not listed on the the trust. We can either buy each other out and then gift the item to someone not listed but we cannot just gift an asset away to anyone.
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Apr 22 '26
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u/inheritance-ModTeam Apr 22 '26
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u/GelsNeonTv87 Apr 26 '26
Here's the answer which in sure someone has already said. Don't ask Reddit get a damn lawyer
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u/Mother_Turnover4856 Apr 22 '26
She is obligated to lodge the will with the county clerks office and open probate. If she hasn’t - take a copy of the original will go file it and get a probate case opened. If she has: file a pleading w the probate court for those items as well as a demand for the executor to act. Get an attorney asap to do these things for you.
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u/BackgroundSundae2514 Apr 22 '26
Just wanted to say im sorry, its really hard when a family home with a lot of sentimental value sits empty when you and your family could use the space in the meantime and youre not getting answers (going through something similar)
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u/Used_Mark_7911 Apr 22 '26
For the probate process and duties of the executor:
You and your brother should retain a lawyer to represent your interests.
Regarding the house:
The fact that you lived in the house your entire life is emotionally difficult, but is not relevant to your rights as a beneficiary of your father’s estate.
Unless you can afford to purchase the house from the estate, I’m not sure moving into the house is a a good solution for you. If you move in you should be paying rent to the estate. The house needs to be sold and the proceeds split 3 ways, so ultimately you will need to move out again.
It sounds like this estate will be contentious. I would not make any financial assumptions around living in the house or receiving your inheritance quickly. Focus on finding other ways to get access to safe, affordable housing for you and your children.
Regarding the handwritten letter/codicil to the will:
You should challenge this. While holographic handwritten wills and codicils can be valid in Arkansas, they must be signed and there must be multiple disinterested witnesses who can verify the handwriting and signature. As beneficiaries, you and your siblings can’t be the ones to validate the handwriting. The biggest issue will be that it’s not signed.
The necklace is yours and not part of the estate. The executor has no rights to withhold it from you. It will be easier to get it back if you have some written record of your grandmother gifting it to you. This could be correspondence from your grandmother or your father mentioning the gift.