Ballinger Law

03/03/2022

I appreciate the membership of Joint Energy Committee supporting our resolution to encourage modifying federal energy policy to embrace long-term affordability and national security. We need more domestic exploration and infrastructure development. It is imperative to keep energy prices as low as possible for our people and to protect our nation from dependence upon energy from foreign oligarchs.

09/17/2020

Probably good enough for a country lawyer. Not quite ready, but it’s a start.

04/29/2020

Only 2 days left to get in on the discounted legal rate of 1/3 off my regular low fees. Example: a new complete trust package (estate planning) started in the next two days will only be $1,000. That is $500 off my typical rate, but it is also $1,000 to $1,500 less than what most firms charge for the same service. Call or message me for details.

04/13/2020

Everyone needs some sort of estate planning. It could be extremely simple and cheap, or complex. But, this month you have an opportunity to save on your estate plan. My rates tend to be the least expensive in our region, but with things slowing down for my law practice during the crisis, I have the opportunity to pick-up some new files and you have the opportunity to save on estate planning. So starting today, I am offering 33% off through the end of the month for estate planning services. Typically I will do a full revocable trust package for $1,500, but for new files started in April, I will do a full trust package for $1,000. Message me for details, or call me at 870.5054448.

We help people find solutions to their legal issues.

02/03/2020

What's a "Trust," and do you need one?

A trust may not be right for everyone, but they may play a key role in proper estate planning! http://www.boonewealth.com A lot of people think trusts are on...

12/10/2019

What is Christian Conciliation?

“Christian Conciliation” represents the formal means of resolving disputes between Christians without going to secular courts. Thus, Christian Conciliation encompasses informal and formal mediation and arbitration, as well as the use of church discipline, if appropriate. The use of Christian Conciliation stems from Biblical mandates in Matthew 18: 15 and 1 Corinthians 6:1 –8, Paul chastises the Corinthians for taking their disputes to the courts of law.) These passages give believers a wealth of insight in determining how God wishes them to resolve their conflicts. They shows us the Biblical process: (1) try to resolve the dispute simply by discussion between the parties (Matt. 18:15); (2) if this does not work, take others along in a mediation (Matt. 18:16) and; (3) if this does not work, appoint a judge from among the faithful in arbitration (1 Cor. 6:4); and/or the church discipline final step (Matt. 18:17). Christian Conciliation is thus a multi-step process for resolving disputes between believers.

For more information see: https://www.simmsshowerslaw.com/christian-mediation-and-arbitration-how-to-keep-your-church-or-non-profit-out-of-court/

09/30/2019

"Good fences make good neighbors."

It is not uncommon for an old fence line to be off in the rocky terrain of the Ozarks. Over the years, a fence line typically becomes the boundary between neighbors. The two most common legal axioms that that establish the property boundary at the fence is "boundary by acquiescence" and "adverse possession".

Boundary by Acquiescence

A boundary line by acquiescence is inferred from the neighbor’s conduct over years so as to imply the existence of an agreement about the location of the boundary line. Whenever adjoining landowners tacitly accept a fence line or other monument as the visible evidence of their dividing line and thus apparently consent to that line, it becomes the boundary by acquiescence. Walker v. Walker, 8 Ark. App. 297, 651 S.W.2d 116 (1983). Even if there never was an express agreement to treat a fence as the dividing line between the two parcels of land, such an agreement may be inferred by the action of the parties. See Kittler v. Phillips, 246 Ark. 233, 437 S.W.2d 455 (1969). Whether a boundary line by acquiescence exists is to be determined upon the evidence in each individual case. See Hedger Bros. Cement & Materials, Inc. v. Stump, 69 Ark. App. 219, 10 S.W.3d 926 (2000).

Further, boundaries by acquiescence are frequently found to exist at locations other than those shown by an accurate survey of the premises. See Summers v. Dietsch, 41 Ark. App. 52, 849 S.W.2d 3 (1993). A fence, by acquiescence, becomes the accepted boundary even though contrary to said survey line. Id. Thus, tacit acceptance of a fence line or other monument as the visible evidence of the dividing line for a long period of time manifests apparent consent. Id. The property owners and their grantees are then precluded from claiming that the boundary line thus recognized and acquiesced in is not the true one, although it may not be on the survey line. Id.

Adverse Possession

To demonstrate adverse possession under Arkansas law one must just show that he has been in open possession of the property continuously for more than seven years. White River Levee Dist. v. Reidhar, 76 Ark.App. 225, 61 S.W.3d 235 (2001). Reidhar, supra. It is ordinarily sufficient proof of adverse possession that the claimant’s acts of ownership are of such a nature as one would exercise over his own property and would not exercise over the land of another. Id.

09/19/2019

Dower and Curtesy

Arkansas, as well as a few other states, recognizes a peculiar type of mitral rights to property called dower and curtesy. Dower is a wife’s interest in her husband’s property, and curtesy is a husband’s interest in his wife’s property. Today, these rights are essentially the same; just different terms to define the gender involved. These rights are designed to protect the spouse in the event of intestacy (the condition of the estate of a person who dies owning property without having made a valid will or other binding declaration). Interests based on dower and curtesy are inchoate (a right contingent on an event) until the death of a spouse.

Dower or curtesy exists in all real and personal property that is seized (owned with the right to possess) during the marriage. This is taken literally. If the property is brought into the marriage, it is owned during marriage and these rights are in effect. If the property is transferred during the marriage, it was still owned during marriage and these rights are in effect.

The extent of dower and curtesy right depends on whether there are descendants or not. In the situation with real property, if there are descendants, the amount of the dower is a 1/3 life estate. This would mean that the surviving spouse will receive one-third of the income generated from the land during his or her life. At the death of the surviving spouse, he or she owns nothing to pass on to someone else. If there are no descendants, the dower is 1/2 fee simple. Fee simple is the most common way real estate is owned in Arkansas, and is ordinarily the most complete
ownership interest that can be had in real property, but the decedent’s creditors may reduce this share if the remainder of the estate is not sufficient to pay all debts. Therefore, when buying real estate in Arkansas, one of the most important questions to ask the seller is “are you married?” If the seller’s spouse does not sign the conveyance, buyer could rescind for failure to provide marketable title. Dower and curtesy interest can be terminated through time, but only after seven years pass from date the interest becomes choate, which is most often the death of spouse. The best way to take care of this is to get the spouse’s
signature on the deed.

See, Arkansas Code:

28-11-305. Personalty.
If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, as part of dower or curtesy in his or her own right, to one-third (1/3) part of the personal estate whereof the deceased spouse died seized or possessed.

28-11-307. Dower or curtesy when no children.
(a)(1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (1/2) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (1/2) of the personal estate, absolutely, and in his or her own right, as against collateral heirs(2) However, as against creditors, the surviving spouse shall be invested with one-third (1/3) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (1/3) of the personal property absolutely.
(b) If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half (1/2) of the estate as against collateral heirs and one-third (1/3) as against creditors.

18-12-402. Dower or curtesy; relinquishment
A married person may relinquish dower or curtesy in any of the real estate of a spouse by joining with the spouse in the deed of conveyance thereof, or by a separate instrument executed to spouse’s grantee or anyone claiming title under the spouse, and acknowledging it in the manner prescribed by law.