Fayetteville, Arkansas Estate Planning Attorney

Deborah Sexton Law Office

2766 Millennium Drive
Fayetteville, Arkansas 72703

Phone(479) 443-0062
Fax (479) 443-2001

Law Firm Overview

"Nearly all of us have an estate. An estate is simply comprised of every asset that you own, whether it be your car, home, real estate, checking or savings accounts – even your personal possessions. Regardless of how large or small, we all have an estate and we can’t take it with us when we die.


Areas of Law




Articles Published by Deborah Sexton Law Office

 Deceased Family Members, Debts, and Creditors: 3 Common Questions

Question 1: What happens to a deceased person’s debts? There are several possibilities. Once a person dies someone will have to manage the property left behind.

Read Article

 Changing Testamentary Trust Terms

Changing the terms of a testamentary trust may not be as easy as you think. You see, a testamentary trust is a trust that is created in your last will and testament (thus, the origin of its name), and does not take effect until you die.

Read Article

 Protecting Your Assets from Expanding Nursing Home Costs

Nursing home costs are rising, which could be detrimental to your financial health should you find yourself in need of nursing home care, or even that of an assisted living community. In fact, the average annual cost for a nursing home is running around $75,000 per person. Having insurance won’t be much of a help since most insurance plans do not cover the costs associated with a nursing home.

Read Article

 Co-Ownership of Property and Avoiding Probate – 3 Questions

Question 1: Are There Different Types Of Co-Ownership of Property? Yes, and not all types of property co-ownership avoid probate. The different ownership types include tenancy in common, joint tenancy with right of survivorship and tenancy by the entirety.

Read Article

 What to Do if Your Dad is Pursued by a Gold Digger

Having an elderly parent can cause any child to worry, especially where there are health concerns involved. But what do you do if your elderly father enters into a romantic relationship with a much younger person, such as an in-home caregiver, whom you suspect is only in it for the money? Dealing with a “gold digger” is one of the more difficult problems that confronts children with elderly parents.

Read Article

 Medicaid Planning and Filial Responsibility Laws

While planning for retirement, many people focus on the money they'll need to support themselves and their family after they stop working. What few people plan for is the possibility that they will have to pay for their elderly parent's nursing home expenses. Though not widely reported, about 30 states have laws that allow nursing homes and other extended care facilities to pursue the adult children of someone staying in the care facility.

Read Article

 Early Warning Signs for Arthritis

One out of every five adults, or about 50 million Americans, have been diagnosed with some form of arthritis. Though many of these people are elderly, about half of all arthritis sufferers are under the age of 65. If you begin noticing any of the typical warning signs associated with arthritis, you should speak to your doctor so you can start a treatment regimen. Early detection is always better than catching it too late.

Read Article

 Issues in Social Security – Proof of Marriage

India and Vance had been married for 27 years at his death. When she turned 62 she applied for widows benefits. Social Security requires as part of the application for Widows benefits that she show proof of marriage. India could not find her marriage certificate. She requested a copy from the Bureau of Vital Statistics in the state where she and Vance were married and was told they had no record of her marriage. What does she do now?

Read Article

 Health Insurance Portability and Accountability Act

When you are planning your estate it is important to address all of the matters that are relevant to people who are entering their twilight years. While it is true that the financial aspects of estate planning are important, the health care component is key as well, and since people here in American are living longer than ever it is logical to be prepared to live into our late eighties and beyond.

Read Article

 Divorce and Naming a Guardian for Your Children

It really doesn’t matter if you are divorced or married, naming someone to act as the guardian for your children is probably the most important part of your estate plan. People that are divorced naturally assume that the other parent will automatically get custody of the children if something should happen to them. This is true in most cases, but there are some situations to where it would be helpful if you have named a guardian for your children.

Read Article

 May I Create a Joint Medical and Financial POA

During incapacity planning you may use a Durable Power of Attorney for Health Care and a Durable Financial Power of Attorney to handle your personal and financial matters in the event that you become disabled. Through each of these documents, you may name an agent to make decisions for you. So, wouldn’t it be simpler to make just one document for both purposes? It might seem so, but really it is best to state these needs in separate documents.

Read Article

 Educational Giving

Acts of generosity are beautiful things for the most part, but there is a reason to proceed with caution when you are planning your estate for the good of your loved ones. In some cases, a gift or inheritance can be detrimental, causing more problems than providing benefits to your loved ones.

Read Article

 Settling an Intestate Estate

When an estate has a Last Will and Testament or a Revocable Living Trust, that document will determine which heirs inherit which assets. If there is no Will or Living Trust, an estate is considered intestate. In this case, state laws will decide the rightful heirs.

Read Article

 Estate Planning for Pets – Questions about Pet Trusts

A pet trust is a legal entity you create by creating a document that includes specific and legally required terms. If you use your Will to establish the trust, it will be created after you die, though you can also create a trust outside of a Will that becomes effective immediately. Once created, the trust owns property and uses it for the benefit of your pets.

Read Article

 Retiree Wisdom – Advice for Doing it Differently

A recent article discussed retirees and some common regrets they share. Though their answers are often not surprising they can be helpful if you are developing your estate plan and are trying to develop long-term goals for yourself. Much of their advice is aimed at pre-retirement-aged people, although anyone can use it as the basis for making both long-term and immediate plans.

Read Article

 Gina Reinhart – The Richest Australian Decides To Disinherit

You may have recently heard the news out of Australia about the nation's richest woman, Gina Reinhart and her legal fight with her children over her decision to disinherit them from the family fortune. Ms. Reinhart is the heir to her father's iron ore business estimated to be worth about $18 billion.

Read Article

 Real Estate Transfers to Heirs: 4 Options

If you’re creating an estate plan and want to leave your home to your family, there are a wide variety of options that allow you to do this. Each comes with its own benefits and drawbacks, and each state may have different laws that impact the transfers. Always talk to your estate planning attorney for detailed advice before you decide on any particular method.

Read Article

 Anti-Lapse Laws

When a beneficiary who stands to receive a gift under a Will dies before the testator dies, the gift has no one to go to. This is called lapse. When this happens, that gift passes according either to the terms of the Will or to your state's intestacy laws and not to the deceased beneficiary's descendants.

Read Article

 Dying Without a Will in Arkansas 4 Scenarios

Even if you don't have a lot of property, you can benefit by creating an estate plan that chooses how your property passes after you die. If you don't set your choices out in a legally recognized manner, Arkansas state law makes the decision for you through its laws of intestate succession. These laws are quite complicated and can lead to a number of different scenarios, so you should talk to a qualified estate planning attorney for specific advice about what might happen to your estate.

Read Article

 Arkansas Advance Directive

A properly drafted medical power of attorney in Arkansas, sometimes known as a durable power of attorney, is an essential part of a good estate plan. State laws have very specific rules when it comes to making these advance medical directives, and you must follow these requirements to ensure your power of attorney is legal.

Read Article

 I Have an Addicted Son; Should I Disinherit Him?

Sadly, many Americans have trouble with drug, alcohol, and gambling addictions However, if you have an addicted child, you don’t have to disinherit him. In most cases, disinheritance causes great emotional trauma as inheritances represent the love of a parent for a child (whether we want to admit it or not.)

Read Article

 Can I Change My Trust?

One of the common goals of estate planning is staying in control; often, clients want to know if they can change their trust. The main rule is: If the trust is revocable, the trust can be changed; if the trust is irrevocable, the trust can’t be changed. There are exceptions.

Read Article

 Can I Do Estate Planning on a Budget?

More people are looking for new ways to save and this often leaves many people looking for low-cost estate planning options.

Read Article

 Arkansas Intestacy Laws

If you don’t have a will, the state of Arkansas has one for you. Here is what happens to your assets under Arkansas intestacy laws.

Read Article

 What is an Irrevocable Life Insurance Trust

The Irrevocable Life Insurance Trust (ILIT) is typically used to get the value and proceeds of an insurance policy out of an estate so they’re not taxed for federal estate tax purposes. The use of ILITs is not complicated, but there are some administrative hoops to jump through. Your estate planning attorney can do much of the jumping through hoops on your behalf.

Read Article





Deborah Sexton Law Office
Deborah Sexton Law Office Office Location


Find a Lawyer

Find a Local Lawyer