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Can verbal (contractual) agreements made in Arkansas be enforced if recorded and do they expire?
Anonymous6 views1 answers
Regarding contract law, I have recorded with one party consent in Arkansas verbal agreements regarding how to administer a probated estate between me, a beneficiary, and an executor. He has backed out of the agreements. Can I present the recording in a hearing to enforce it? The recordings are now a few years old, so is there some statute that limits or enforces that?
Estates are administered according to a will or a trust. Only executors have limited control over the estates, but they must adhere to the will or trust. Executors, third parties, and beneficiaries cannot contract to administer the trust in a contrary manner to the will or trust.
More generally, there are two relevant statutes of limitations which limit recovery on contract disputes. ACA § 16-56-111 gives five years for written contracts and ACA § 16-56-105 gives three years for verbal contracts. This means a suit for breach of contract has to be brought within five or three years from the time of breach, or the defense can win at the pleading stage.
