Arkansas Wills Planning Attorneys

Assigning Guardians

Appointing a guardian for minor children or dependents with special needs is among the most significant decisions you can make as part of your Arkansas estate plan. If a guardian is not named in your will, Arkansas probate courts will choose someone for you—possibly a family member or a third party—with the decision based on court priorities rather than your own values or understanding of your child’s needs. Working with a will attorney in Arkansas allows you to craft detailed guardianship instructions that comply with state law and reflect your true wishes, ensuring your loved ones’ care is as seamless and supportive as possible.

The Arkansas courts value the preferences listed in a valid, properly witnessed will, and naming a guardian now offers continuity and stability for your child or dependent, no matter what life brings. A will lawyer in Arkansas can guide you through every scenario and provide additional supporting documentation to help smooth transitions for your family and the guardian—especially important for children who rely on Arkansas Medicaid benefits, as ongoing care requirements must be met.

As with assigning powers of attorney, determining who will serve as a guardian for your child is an impactful decision, especially if your child needs Medicaid benefits. The person you select should be aware of any unique challenges your child may face and capable of managing their needs while adhering to Medicaid guidelines. Without a designated guardian, the state could make this decision for you, which may not align with your wishes or your child's best interests.

Preventing Ineligibility for Medicaid

Medicaid eligibility rules in Arkansas are complex, with strict requirements for asset ownership, income, and transfer timelines. A frequent pitfall is inadvertently compromising a loved one's Medicaid eligibility by leaving them an inheritance outright through your will. To help protect these benefits, you may need a supplemental needs trust or another planning strategy that keeps inherited assets from being counted for Medicaid purposes, while still providing support. Consulting a will attorney in Arkansas can help you design a plan that complies with the state’s Medicaid regulations and shields your beneficiaries from unintended consequences.

A will lawyer in Arkansas can clarify how the current Arkansas Medicaid look-back period—currently five years—affects any asset transfers you may wish to make. Families from Little Rock to Fayetteville often need guidance on the right blend of trusts, beneficiary designations, and will provisions to help protect Medicaid benefits for their loved ones. Careful planning, in partnership with a qualified will attorney, supports ongoing access to healthcare or assisted living for those who need it most.

Many people transfer assets to loved ones and other beneficiaries through wills. This can pose problems for Medicaid eligibility, as inheritances are considered countable assets. If you have a child with special needs or a spouse who must receive Medicaid benefits, opting to transfer assets to them through a trust—instead of a will—may be essential. By doing so, your beneficiaries can maintain Medicaid eligibility and still receive distributions.  

Protecting Assets in Probate

Understanding the Arkansas probate process is crucial for safeguarding your estate against unnecessary risks. Probate is handled by the Circuit Court in the Arkansas county where the deceased lived—such as Pulaski County Circuit Court in Little Rock or Washington County Circuit Court in Fayetteville. The process includes filing the will, appointing an executor, settling outstanding debts, and distributing assets as directed in the will. A will lawyer in Arkansas ensures your documentation is in order and provides your executor with guidance to help minimize delays and avoid unexpected costs.

It’s also critical to account for Medicaid Estate Recovery in Arkansas. When someone has received Medicaid benefits for long-term care, the State of Arkansas may seek reimbursement for those costs from the estate’s probate assets. Working with an Arkansas will lawyer, you can employ strategies such as placing specific property in trusts, naming payable-on-death beneficiaries for financial accounts, or using joint ownership with rights of survivorship. These tools can help relieve heirs from the full burden of estate recovery, giving your loved ones greater financial security and honoring your wishes.

In Arkansas, wills must be probated. During the process, an executor (whom you name in your will) settles your estate, meaning they pay outstanding debts and taxes and distribute remaining assets according to your will's terms. Assets in probate could be subject to many risks, such as Medicaid Estate Recovery. This allows the state to recoup Medicaid benefits by filing a claim on your estate. To minimize the impact of Arkansas's Medicaid Estate Recovery, you may want to utilize various trusts to transfer certain assets instead of a will.