Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
The U.S. Department of Labor (DOL) has proposed a single joint‑employer analysis
for the Fair Labor Standards Act (FLSA) (minimum wage and overtime) to align the Family and
Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act
(MSPA). This would replace today’s patchwork and apply one framework across pay, leave, and
MSPA claims. The change would matter most for franchising, staffing/professional employer
organizations (PEOs), vendor‑managed services, agriculture, and multi‑entity groups. What
follows explains the proposal, practical differences from current law, and immediate steps for
employers.
On Tuesday, the Federal Trade Commission issued a new Rule putting an end to employment-related non-compete clauses. In its justification for the rule, the FTC called non-compete clauses “an unfair method of competition” and stated it is a “violation for [employers] to… enter into non-compete clauses (“non-competes”) with workers.” In today’s very competitive labor market, the new FTC Rule creates a significant disruption for employers.
This new FTC provision—set to take effect in 120 days—renders existing non-compete agreements unenforceable. Existing non-compete agreements with senior executives will remain enforceable, although employers cannot require newly hired senior executives to sign such an agreement.
After the Rule takes effect, employers are required to deliver personal notice to employees (past and present) who signed a non-compete agreement informing them agreements are no longer enforceable. In the notice, employers must inform employees they are free to accept any job or start any business, even if it is directly competitive with the employer.
Compliance with the FTC Rule is not optional. Employers should consider new ways they can protect against a former employee gaining a competitive advantage by using the employer- provided training, the relationships made possible by the employer, or the confidential information learned from the employer. RMP can assist you in navigating this disruption and can provide advice on how to most effectively protect your vital business interests going forward.
RMP Attorneys At Law has an experienced Employment Law Attorney team dedicated to helping you navigate these changes. If you have any questions or would like guidance, reach out to one of our employment attorneys, Tim Hutchinson, Seth Haines, Larry McCredy, or Taylor Baltz or call 479.443.2705.
Real estate is often one of the most significant assets in an estate. It may be the family home, a rental property, farmland, a commercial building, a vacation house, or raw land that has been in the family for generations.
When someone dies owning real estate in Arkansas, the property may not transfer as easily as family members expect. The process will depend on how the property was titled, whether there was a will, and whether there are debts or other creditor claims..
This guide explains what can happen to real estate in Arkansas when the owner dies and why careful administration matters.
No.
Real estate may pass outside of probate if the property was owned jointly and titled in a way that gives the co-owners rights of survivorship, held in a trust, or otherwise arranged to pass by operation of law. However, if the decedent owned real estate alone in his or her individual name, and there no mechanism is in place to transfer it outside of probate, the property will generally need to be transferred to heirs through the probate process.
Because real estate matters can be technical and mistakes can cause costly issues in the future, families should avoid assuming that a deed, will, or family understanding is enough to convey clean title to the heirs.
Real estate can complicate probate because, unlike many other assets, it cannot simply be collected and passively held until it is time for distribution. It must be protected, insured, valued, and maintained, until ultimately transferred to the heirs or sold.
Common questions family members face when dealing with real property after their loved one has passed include:
These questions often arise quickly, especially if the property needs to be sold, there are significant ongoing expenses, or family members disagree.
If the decedent had a will in place, the will may state who should receive the real estate, but it does not, by itself, effect the transfer. The will generally must be submitted to the probate court,and the judge must determine the will to be valid and formally admit the will to probate.
The judge must also appoint the executor or personal representative and grant him or her letters testamentary, authorizing him or her to act on behalf of the estate. The person named in the will as executor does not automatically have full legal authority immediately upon death. The probate court must first affirmatively appoint the executor and issue the proper authority.
Once appointed, the executor may have duties relating to the real estate, including securing the property, maintaining insurance, paying expenses, collecting rent, obtaining appraisals, and seeking court approval to take action with respect to the property when required.
If there is no will, the decedent is said to have “died intestate.” In that situation, Arkansas law determines who inherits from the estate.
This can create unexpected results, particularly in blended families, second marriages, estranged family situations, or circumstances where multiple heirs inherit an interest in the same property.
For example, family members may assume one person, such as a spouse, will receive a particular property, only to learn that several heirs have an ownership interest. When multiple people inherit real estate together, disagreements can arise over whether to keep, sell, rent, or divide the property.
Real estate may be sold during probate in appropriate circumstances, but the process depends on the estate, the will, the court’s authority, the personal representative’s powers, and the condition of title.
A sale may be needed to:
However, selling probate property is not the same as a normal real estate transaction. The personal representative may need proper authority, court approval, notices, appraisals, or other documentation before a sale can close.
Title companies may also require probate documents before issuing title insurance or completing the transaction.
Real estate expenses do not stop when the owner passes away. Mortgages, property taxes, insurance premiums, utilities, maintenance costs, and association dues may continue during probate.
The personal representative may need to determine:
Failing to maintain real estate can reduce estate value and create risk for the personal representative.
It is common for a surviving spouse, adult child, tenant, or other family member to be living in estate property. This can raise difficult questions.
The estate may need to determine whether the occupant has a legal right to remain, whether rent should be paid, who is responsible for expenses, and whether continued occupancy interferes with sale or distribution.
These situations can become sensitive because they involve both legal rights and family relationships. It is important to address them carefully and avoid informal arrangements that create confusion later.
Arkansas provides probate forms through the Arkansas Judiciary, including an Affidavit for Collection of Small Estate by Distributee. In some cases, a smaller estate may qualify for a simplified process. However, when real property is involved, the requirements and practical title issues should be reviewed carefully.
Even if an estate appears simple, real estate can create added steps. A legal description may be required, notices may be necessary, and title companies may have specific requirements before property can be sold or transferred.
Families should not assume that a simplified process will work for every property or every estate.
One of the most common probate-related real estate issues is title uncertainty. A property may not be marketable until the appropriate probate documents are filed, heirs are identified, creditor issues are addressed, or the personal representative receives authority.
Title issues may arise when:
These issues often surface when the family tries to sell the property. By that point, the closing may already be scheduled and deadlines may be approaching.
Real estate can be one of the most valuable assets in an Arkansas estate, but it can also be one of the most difficult to administer.
If probate is not handled correctly, families may face delayed closings, title problems, disputes among heirs, creditor issues, or unnecessary expense. Executors and administrators may also face risk if they sell, transfer, or distribute property without proper authority.
The best approach is to identify the title, probate, and administration issues early, before decisions are made or contracts are signed.
You may want to seek legal guidance if:
RMP Law assists Arkansas families, executors, administrators and other fiduciaries, and beneficiaries with trusts and probate estate administration, real estate matters, and related disputes.
If you have questions about addressing real estate during probate in Arkansas, contact RMP Law at 479-443-2705 or use our Message Us form.
Main RMP Number: 479-443-2705
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
DISCLAIMER: The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
Real estate is often one of the most significant assets in an estate. It may be the family home, a rental property, farmland, a commercial building, a vacation house, or raw land that has been in the family for generations.
When someone dies owning real estate in Arkansas, the property may not transfer as easily as family members expect. The process will depend on how the property was titled, whether there was a will, and whether there are debts or other creditor claims..
This guide explains what can happen to real estate in Arkansas when the owner dies and why careful administration matters.
No.
Real estate may pass outside of probate if the property was owned jointly and titled in a way that gives the co-owners rights of survivorship, held in a trust, or otherwise arranged to pass by operation of law. However, if the decedent owned real estate alone in his or her individual name, and there no mechanism is in place to transfer it outside of probate, the property will generally need to be transferred to heirs through the probate process.
Because real estate matters can be technical and mistakes can cause costly issues in the future, families should avoid assuming that a deed, will, or family understanding is enough to convey clean title to the heirs.
Real estate can complicate probate because, unlike many other assets, it cannot simply be collected and passively held until it is time for distribution. It must be protected, insured, valued, and maintained, until ultimately transferred to the heirs or sold.
Common questions family members face when dealing with real property after their loved one has passed include:
These questions often arise quickly, especially if the property needs to be sold, there are significant ongoing expenses, or family members disagree.
If the decedent had a will in place, the will may state who should receive the real estate, but it does not, by itself, effect the transfer. The will generally must be submitted to the probate court,and the judge must determine the will to be valid and formally admit the will to probate.
The judge must also appoint the executor or personal representative and grant him or her letters testamentary, authorizing him or her to act on behalf of the estate. The person named in the will as executor does not automatically have full legal authority immediately upon death. The probate court must first affirmatively appoint the executor and issue the proper authority.
Once appointed, the executor may have duties relating to the real estate, including securing the property, maintaining insurance, paying expenses, collecting rent, obtaining appraisals, and seeking court approval to take action with respect to the property when required.
If there is no will, the decedent is said to have “died intestate.” In that situation, Arkansas law determines who inherits from the estate.
This can create unexpected results, particularly in blended families, second marriages, estranged family situations, or circumstances where multiple heirs inherit an interest in the same property.
For example, family members may assume one person, such as a spouse, will receive a particular property, only to learn that several heirs have an ownership interest. When multiple people inherit real estate together, disagreements can arise over whether to keep, sell, rent, or divide the property.
Real estate may be sold during probate in appropriate circumstances, but the process depends on the estate, the will, the court’s authority, the personal representative’s powers, and the condition of title.
A sale may be needed to:
However, selling probate property is not the same as a normal real estate transaction. The personal representative may need proper authority, court approval, notices, appraisals, or other documentation before a sale can close.
Title companies may also require probate documents before issuing title insurance or completing the transaction.
Real estate expenses do not stop when the owner passes away. Mortgages, property taxes, insurance premiums, utilities, maintenance costs, and association dues may continue during probate.
The personal representative may need to determine:
Failing to maintain real estate can reduce estate value and create risk for the personal representative.
It is common for a surviving spouse, adult child, tenant, or other family member to be living in estate property. This can raise difficult questions.
The estate may need to determine whether the occupant has a legal right to remain, whether rent should be paid, who is responsible for expenses, and whether continued occupancy interferes with sale or distribution.
These situations can become sensitive because they involve both legal rights and family relationships. It is important to address them carefully and avoid informal arrangements that create confusion later.
Arkansas provides probate forms through the Arkansas Judiciary, including an Affidavit for Collection of Small Estate by Distributee. In some cases, a smaller estate may qualify for a simplified process. However, when real property is involved, the requirements and practical title issues should be reviewed carefully.
Even if an estate appears simple, real estate can create added steps. A legal description may be required, notices may be necessary, and title companies may have specific requirements before property can be sold or transferred.
Families should not assume that a simplified process will work for every property or every estate.
One of the most common probate-related real estate issues is title uncertainty. A property may not be marketable until the appropriate probate documents are filed, heirs are identified, creditor issues are addressed, or the personal representative receives authority.
Title issues may arise when:
These issues often surface when the family tries to sell the property. By that point, the closing may already be scheduled and deadlines may be approaching.
Real estate can be one of the most valuable assets in an Arkansas estate, but it can also be one of the most difficult to administer.
If probate is not handled correctly, families may face delayed closings, title problems, disputes among heirs, creditor issues, or unnecessary expense. Executors and administrators may also face risk if they sell, transfer, or distribute property without proper authority.
The best approach is to identify the title, probate, and administration issues early, before decisions are made or contracts are signed.
You may want to seek legal guidance if:
RMP Law assists Arkansas families, executors, administrators and other fiduciaries, and beneficiaries with trusts and probate estate administration, real estate matters, and related disputes.
If you have questions about addressing real estate during probate in Arkansas, contact RMP Law at 479-443-2705 or use our Message Us form.
Main RMP Number: 479-443-2705
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
DISCLAIMER: The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
JOHNSON
5519 Hackett Street, Suite 300
Springdale, AR 72762
BENTONVILLE
809 SW A Street, Suite 105
Bentonville, AR 72712
JONESBORO
710 Windover Road, Suite B
Jonesboro, AR 72401
LITTLE ROCK
17901 Chenal Parkway, Suite 200
Little Rock, AR 72223