GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - # 9

[PlateSpinner]

Arron Lewis isn't the only person filing ....


Filed Nov 21, 2014 Petition for Appointment of Special Admin of Beverly Lownes Carter Estate
Filed Nov 25, 2014 Exhibit A - death certificate (not scanned)
Filed Nov 25, 2014 Exhibit B- Employment contract between Carl Carter Sr and Law Firm
Filed Dec 2, 2014 ORDER APPT ADMINISTRATOR/IX order signed giving Carl Carter Sr the appointment

**Side note, Nov 24, 2014 was the date of formal charges for Capital Murder, Kidnapping (and the Firearms chgs for AL)were filed on Aaron Lewis and Crystal Lowery in Circuit Court Case....

***Side note, Dec 3, 2014 is when Arron Lewis and Crystal Lowery went before the Court for Plea and Arraignment in the Circuit Court on Capital Murder and Kidnapping of Beverly Lynn Lownes Carter

In part:

IN THE MATTER OF ESTATE OF BEVERLY LOWNES CARTER, DECEASED PETITION FOR APPOINTMENT OF SPECIAL ADMINISTRATOR

Lynn Carter, SR....whose interest in the decedent's estate spouse... petitions that special letters of administration of the estate to be issued in order to investigate and pursue a possible wrongful death and survival lawsuit related to her death which occurred on or about Sept 20, 2014 (*** ARMIMI note- this is the date that Beverly Carter was located and pronounced deceased)

In the Contract..... all parties responsible ... as result of an incident which began in Scott AR on or about September 25, 2014 which resulted in the death of Beverly Carter...

https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60PR-14-2152&begin_date=&end_date=

This is really upsetting. #4 reads; That, at the time of her death, the decedent had no assets of marketable value requiring probate.

 

[mpnola]

This is really upsetting. #4 reads; That, at the time of her death, the decedent had no assets of marketable value requiring probate.

She clearly is not destitute. Maybe it is because all of her belongings are joint property, which then transferred to her husband. I don't think it means anything negative.

 

[PlateSpinner]

She clearly is not destitute. Maybe it is because all of her belongings are joint property, which then transferred to her husband. I don't think it means anything negative.

You are probably right. And I don't think she was destitute either, but i don't think she was financially rich. I do however think she was very rich
in mind and love for her family.

I don't know much about probate laws. I wouldn't have any idea which assets would have to be listed and which ones don't.
Maybe she had a living trust.



AL kidnapped her on Thursday.
CC would have only had one day before the weekend to get $$ for AL. Most people don't keep large sums in a simple savings account and
withdrawing money from investments can take several days or sometimes weeks. Furthermore, if the investments were joint, her signature
would have been required for withdrawal.

 

[Butler321]

I've had limited experience working in mental health facilities.... But from what I know.... I can't wait to see what lawsuits and grievances AL is going to file.

Is that wrong of me?

 

[jstkiddn]

I've had limited experience working in mental health facilities.... But from what I know.... I can't wait to see what lawsuits and grievances AL is going to file.

Is that wrong of me?

Hey....it's a valid statement! You *know* there will be one...or more. I almost feel like we should start a pool. Lol

 

[Butler321]

Hey....it's a valid statement! You *know* there will be one...or more. I almost feel like we should start a pool. Lol

What's the over/under on lawsuit filed within the first 5 days?

 

[SeeAlice]

Many people with any business savvy go ahead and structure their estate assets so that nothing has to go through probate. (Or so my lawyer tells me.) On individual bank accounts, you add a POD line to the account name (pay on death.) Real property is deeded joint with right of survivorship.

My parents have different savings and investment accounts earmarked this way for each grandchild and their homes are JWRS to me. It's not very difficult or too technical. (If your joint tenant on the deed or your POD person has a big lawsuit hanging over their head, or is at risk of filing bankruptcy, you don't want to do it that way.)

Full disclosure: I'm neither a lawyer or a financial advisor.

 

[GrilledCheezy]

I think that since she died without a will, everything will have to go through probate.

Same disclaimer as SeeAlice.

 

[mpnola]

I think that since she died without a will, everything will have to go through probate.

Same disclaimer as SeeAlice.

I didnt see that she died without a will. Did I miss that?

 

[arkansasmimi]

1/20/2015 7:08am Arron Lewis placed on OUT TO COURT STATUS...... per message from VINE... (his Forensic Eval was today) will post when I get message he returned to Tucker Max

 

[ConnectZDots]

1/20/2015 7:08am Arron Lewis placed on OUT TO COURT STATUS...... per message from VINE... (his Forensic Eval was today) will post when I get message he returned to Tucker Max

Lawsuit number one.
Undue hardship and severe mental suffering due to plaintiff being rudely awakened by warden at 6 am for transport at 7 am. Plaintiff reports he was experiencing deep stage 4 REM dream sleep at the time of the rude and loud disruption/ awakening, which he reports has caused his neurological biorhythm to spiral into a pathological state and could possible trigger a false mental health reading for the evaluation. Plaintiff hereby requests evaluation date rescheduling, preferably for afternoon hours, and $5000 in damages paid by the prison for pain and suffering inflicted as a result of the early morning trauma endured.

Standard comedic relief disclaimer applies

 

[TTF14]

Lawsuit number one.
Undue hardship and severe mental suffering due to plaintiff being rudely awakened by warden at 6 am for transport at 7 am. Plaintiff reports he was experiencing deep stage 4 REM dream sleep at the time of the rude and loud disruption/ awakening, which he reports has caused his neurological biorhythm to spiral into a pathological state and could possible trigger a false mental health reading for the evaluation. Plaintiff hereby requests evaluation date rescheduling and $5000 in damages paid by the prison for pain and suffering inflicted as a result of the early morning trauma endured.

Standard comedic relief disclaimer applies

You are hilarious with these posts .

 

[ConnectZDots]

You are hilarious with these posts .

Oh I get all my material from AL! HE's the funny one. In a twisted way.

 

[arkansasmimi]

2010 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 4 - Administration Of Decedents' Estates
Chapter 48 - Personal Representatives
Subchapter 1 - General Provisions
§ 28-48-103 - Special administrators.
28-48-103. Special administrators.

(a) For good cause shown, a special administrator may be appointed pending the appointment of an executor or a general administrator or after the appointment of an executor or a general administrator, with or without the removal of the executor or general administrator.

(b) A special administrator may be appointed without notice or upon such notice as the court may direct.

(c) The appointment may be for a specified time, to perform duties respecting specific property or to perform particular acts, as stated in the order of appointment.

(d) The special administrator shall make such reports as the court shall direct and shall account to the court upon the termination of his or her authority.

(e) Otherwise, and except when the provisions of the Probate Code by their terms apply only to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives shall apply to special administrators.

(f) The order appointing a special administrator shall not be appealable.
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources http://law.justia.com/codes/arkansas/2010/title-28/subtitle-4/chapter-48/subchapter-1/28-48-103

Link to Special Administrator/Beverly L Carter Estate https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60PR-14-2152&begin_date=&end_date=

 

[GrilledCheezy]

I didnt see that she died without a will. Did I miss that?

See Item #1.

 

[mpnola]

See Item #1.

I am no estate planning/ wills and successions attorney- I will leave that to my sister! But, I am still missing where it says she didnt have a will. I'm not doubting you that it is there, but I dont see the wording that means that. I see where the husband is in charge of her estate while investigating a wrongful death lawsuit. I see where she dies in Pulaski County. I don't see that she did not have a will. Like I said, very possibly because I don't know what I am reading.

 

[arkansasmimi]

I didnt see that she died without a will. Did I miss that?

I don't believe she had a will either...

The duty of settling and distributing the estate of a decedent (one who has died) is assigned to personal representatives of the decedent. A Personal Representative may be an executor (male or female) or executrix (female), or administrator (male or female) or administratrix (female). An executor or executrix is the person named in a will to administer the estate. An administrator or administratrix is a person appointed by the court to administer the estate of someone who died without a will.
Executors and administrators act as officers of the court because they derive their authority from court appointments. They are also considered the fiduciaries, or trusted representatives, of the deceased. As such, they have an absolute duty to properly administer the estate solely for its beneficiaries.

Probate is the process by which the court establishes that a will is valid. The first step in the probate process is to file the will in the appropriate court with a petition to admit it to probate and to grant letters testamentary to the person designated as executor of the will. Letters testamentary are the formal instruments of authority and appointment given to an executor by the probate court, empowering that person to act as an executor.

If an executor is unable or refuses to serve, if there is no will, or if the will is deemed to be inauthentic or invalid, the court appoints an administrator. Letters of Administration are the formal court papers that authorize a person to serve as an administrator of an estate that lacks a valid will. No administrator is needed if a person dies without a will, possesses no assets, and owes no debts. Where a person dies leaving an estate, but there are no known living heirs, the state usually receives the property under the doctrine of Escheat. In such cases, administration is not required, unless debts must be paid from the estate's assets before the state takes its interest.The administration of a decedent's estate is controlled by statute. The probate court is authorized by statute to determine the fundamental facts essential to the administration of an estate.

As a general rule, the place of the decedent's last legal residence determines which probate court shall have jurisdiction over settlement of the estate.


http://legal-dictionary.thefreedictionary.com/Executors+and+Administrators


ETA: had to look up the statue and so forth myself wasn't sure... I feel pretty sure now agreeing that Beverly didn't have a will. just my opinion

 

[ConnectZDots]

Intestate = no will. See GrilledCheezy link.

 

[arkansasmimi]

Many people with any business savvy go ahead and structure their estate assets so that nothing has to go through probate. (Or so my lawyer tells me.) On individual bank accounts, you add a POD line to the account name (pay on death.) Real property is deeded joint with right of survivorship.

My parents have different savings and investment accounts earmarked this way for each grandchild and their homes are JWRS to me. It's not very difficult or too technical. (If your joint tenant on the deed or your POD person has a big lawsuit hanging over their head, or is at risk of filing bankruptcy, you don't want to do it that way.)

Full disclosure: I'm neither a lawyer or a financial advisor.

I agree. And with both BC and CC having business knowledge, I would think they had accountants advising. Reading on the Admin makes me think she didn't have a Will... but I am wondering about a Living Trust or whatever its called. My husb 2 last uncles had pretty good estate when they passed. The first one had a will and it went thru Probate .. took forever it seemed and there were no issues. The remaining brother saw what his oldest niece went thru and he and his wife had some sort of Trust done so they family didn't have to go thru that. (they had no children, either uncle) . I do know that by looking at property records the property where they lived is in both Carl and Beverly Carter on the tax records...

Also the reading of the Order, I will assume if there was a civil case and they ever rec'd any $ it would then be put in Probate? Over my head.. leaving it at that lol

 

[ConnectZDots]

I agree. And with both BC and CC having business knowledge, I would think they had accountants advising. Reading on the Admin makes me think she didn't have a Will... but I am wondering about a Living Trust or whatever its called. My husb 2 last uncles had pretty good estate when they passed. The first one had a will and it went thru Probate .. took forever it seemed and there were no issues. The remaining brother saw what his oldest niece went thru and he and his wife had some sort of Trust done so they family didn't have to go thru that. (they had no children, either uncle) . I do know that by looking at property records the property where they lived is in both Carl and Beverly Carter on the tax records...

Also the reading of the Order, I will assume if there was a civil case and they ever rec'd any $ it would then be put in Probate? Over my head.. leaving it at that lol

See GrilledCheezy link item 1. No will. She died "intestate" which means no will. Not sure how that plays into the custody caretaker role w/granddaughter if at all. It's pretty cut & dry though, that there was no will.