Farrar & Williams, PLLC

Law Firm in Hot Springs, Arkansas

Attorneys in Hot Springs, Arkansas

Farrar & Williams, PLLC is a Hot Springs, Arkansas based law firm practicing estate planning, wills, trusts, and other areas of elder law. We are committed to helping you plan for the future and strive to build a level of trust with each client that instills confidence and a peace of mind. We assist clients throughout all of Arkansas.


The staff at Farrar & Williams, PLLC is experienced and efficient in multiple areas of elder law including, long term care planning, Medicaid planning and estate planning. Let the staff at Farrar & Williams, PLLC help you plan for your future. 

We Offer A Free 30-Minute Estate Planning Consultation with One of Our Attorneys!
(excluding Medicaid)

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Since 1927 our Firm has focused its practice in the following areas:

Our Legal Services

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Elder Law

Elder Law is a legal field that supports seniors and their families on various legal issues, prioritizing quality of life and dignity.

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Estate Planning

Estate planning allows you to decide how your assets will be distributed, designate beneficiaries, establish powers of attorney for property and healthcare, and create a will to manage your estate after your passing.

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Longterm Care & Medicaid Planning

We assist with long-term care planning by structuring your assets to qualify for programs like Medicaid and Veterans Affairs Aid and Attendance, aiming to secure your financial eligibility while preserving your assets.

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Last Will and Testament

A Last Will & Testament is a legal document that outlines your wishes for asset distribution and guardianship of minor children after your death, helping to ensure your intentions are fulfilled and easing the process for your loved ones.

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Revocable Living Trust

A Revocable Living Trust is a flexible legal document that lets you manage and protect your assets during your lifetime, specify their distribution after your death, and helps your estate avoid probate.

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Durable Powers of Attorney

A Durable Power of Attorney grants a trusted person authority to manage your financial or healthcare decisions if you become incapacitated, ensuring continuity in your affairs and peace of mind for you and your loved ones.

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Living Wills & Medical Powers of Attorney

Living Wills and Medical Powers of Attorney allow you to communicate your healthcare preferences and designate someone to make medical decisions if you’re incapacitated, ensuring your wishes are honored and reducing stress for your loved ones during critical times.

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Second Marriage Estate Planning

Estate planning for a second marriage involves balancing the financial interests of a new spouse with the inheritance rights of children from a prior relationship, using tools like trusts and updated wills to ensure both are provided for as intended.

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Business Formation

Launching a new business is an exciting journey, yet managing the legal details can be challenging. Farrar & Williams, PLLC offers comprehensive business formation services to ensure your business is built on a solid legal foundation.

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Guardianship

Guardianship legal services offer guidance to those seeking legal authority to care for a minor or incapacitated adult, ensuring arrangements are structured to protect the well-being and best interests of those in need.

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Probate and Estate Administration

Probate and estate administration manage a deceased person’s assets by settling debts, transferring assets, and respecting their wishes, we will provide compassionate guidance through these tasks during a time of loss.

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Trust Administration

Administering a trust involves various responsibilities and legal requirements, and Farrar & Williams, PLLC provides expert services to ensure each trust is managed according to the grantor’s wishes and legal standards.

Recent Blog Posts

What happens if you die without a will in Arkansas?

November 24, 2025
If you pass away in Arkansas without leaving a valid will, you are considered to have died “intestate.” In that case, Arkansas intestacy laws, not your personal wishes, control how your property is divided, who manages your estate and who cares for your minor children.  Under Arkansas law, the distribution of property without a will depends on your family situation. If you are married with children, your spouse does not automatically receive everything. Instead, your spouse typically inherits one-third of your personal property and a life estate in one-third of your real estate, while the remainder passes directly to your children in equal shares. If you are married but have no children, your spouse may inherit all of your personal property and a life estate in your real estate, but if your parents, siblings, or nieces and nephews are living, they may also inherit part of your estate. If you have children but no surviving spouse, your entire estate passes to your children in equal shares, with grandchildren inheriting their parent’s share if a child has already passed away. Blended families face unique challenges when it comes to estate planning, which makes having a will especially important. In Arkansas, stepchildren do not inherit from a stepparent under intestacy laws. This means that if you die without a will, your stepchildren will not receive any part of your estate, even if you raised them as your own or intended for them to share equally with your biological children. Similarly, without clear planning, children from a prior marriage and a current spouse may end up in conflict over how property is divided. A carefully drafted will allows you to provide for both your spouse and all children, biological and step, according to your wishes. In addition to determining who inherits your property, intestacy also affects who manages your estate. If you have a will, you get to appoint an executor, also called a personal representative, to handle probate, pay debts and distribute your assets. Without one, the court appoints someone, often a surviving spouse, adult child, or another relative. This can create delays, additional expenses, and sometimes conflict if family members disagree over who should serve. Perhaps the most serious consequence of dying without a will involves your minor children. A will allows you to designate a guardian, someone you trust to raise your children if something happens to you. Without that guidance, the court must decide who will serve as guardian, and the result may not reflect your wishes. The burden on your family can be significant when there is no will in place. Fortunately, these problems are preventable. By creating a valid Arkansas will, you can decide exactly who should inherit your property, appoint a trusted person to manage your estate, and choose the guardian who will raise your children. Even better, a comprehensive estate plan that includes not only a will but also trusts, powers of attorney and health care directives can provide further protection and peace of mind. Bottom line: If you die without a will in Arkansas, state law decides what happens, and the results may not be what you intended. Taking the time to create a will ensures that your wishes are followed, your family is protected, and your legacy is preserved. Ryan Villano is an attorney at Farrar and Williams PLLC which is conveniently located at 1720 Higdon Ferry Rd., Hot Springs, AR. To discuss your estate planning needs or to schedule a consultation, give us a call at 501525-4401 or visit our website at www.farrarwilliams.com.

Naming IRA & 401(k) beneficiaries

November 24, 2025
Many people make costly estate planning mistakes when it comes to individual retirement accounts. Unlike other assets, IRAs and 401(k)s are not typically covered by a will or a standard type of trust. Instead, the funds go to inheritors according to beneficiary designation forms that are on file with the IRA custodian. Oftentimes individuals do not know who is listed on their beneficiary forms because the account and beneficiary designations were created many years ago.  It is a good idea to make sure all of your beneficiary forms are in order and up to date. You should check the designation on file to make sure it’s what you intend. You should also be sure to name both primary and contingent beneficiaries on your plans in case the primary beneficiary predeceases you. You can name any beneficiaries you want with an IRA or 401(k), including family members, friends, a trust or charity. Alternatively, with a 401(k) or other workplace plan, your spouse must give written permission for you to leave the account to anyone else. If there is no beneficiary form on file, your heirs must use the IRA custodian’s default policy. This may also mean someone other than the person you intended will receive your IRA (i.e. your heirs- at-law). Typically the custodian will award an IRA first to a living spouse and then to your estate. Sometimes the custodian may send it straight to the estate, which will cut short the tax benefits and most likely require a probate proceeding. If you list your children as beneficiaries, it is often a good idea to provide for “per stirpes” distributions (if the form allows this designation). This means that if your child predeceases you, their children would become the beneficiaries, instead of your other children, or the co-beneficiaries. Sometimes clients wish to leave their IRA to a trust to accept retirement assets. There can be many reasons for leaving your IRA to a trust, which include: • If your intended beneficiaries are minors. • If you are fearful of creditors or in-laws. • If you wish to control the cash flow to beneficiaries with money management problems. • Second-marriage planning. Many complex IRS rules govern IRA trusts. Therefore, it is critical that you speak with your trusted advisors to ensure that an IRA trust meets your goals as well as the government criteria. Regardless of who you ultimately decide to name as beneficiary of your retirement accounts or plans, it is crucial that those assets make their way to your intended beneficiary. A proper beneficiary designation form should accomplish this. Wesley W. Harris is an associate attorney at Farrar & Williams, PLLC, a law firm limiting its practice to trusts, estate planning, and elder law, located at 1720 Higdon Ferry Road, Suite 202, and can be contacted at 501-5254401 or by email at wesley@farrarwilliams. com. The firm’s website is farrarwilliams. com.

How to plan for long-term care costs

September 19, 2025
It is a reality that as we live longer, the need for long-term medical care continues to rise. A question I often get asked is, “How do we plan for the cost of long-term care, including nursing home costs?” Long-term care insurance is by far the preferred option, since it offers the possibility of keeping people out of nursing homes by paying for care in the home or in assisted living facilities. Statistics show that the vast majority of people do not purchase long-term care insurance and are forced to rely on other alternatives to pay for long-term care costs. Unfortunately, the other alternatives often do not include care in the home and instead require the long-term care to be in a nursing home. Without insurance, there are two primary options for the payment of nursing home costs. First, a person may have sufficient income and assets to pay for such costs on a private pay basis. However, since such costs average in excess of $6,500 per month, the private pay option is not a long-term solution for most people. The second option is the Long Term Care Medicaid Program. Since this is a government benefit program, there are asset and income requirements to be met in order to qualify. The rules differ depending on if you are single or married. As a result of the eligibility determination process, many clients structure their estate plans in a way to enhance their eligibility in the event such costs become necessary. The remainder of this article will focus on one of the more popular estate planning tools used to enhance Medicaid eligibility for long-term care costs. A special type of trust often referred to as an “irrevocable trust” is a popular planning option. I prefer to call this trust a Medicaid Asset Protection Trust. It is important to note that most trusts that are set up are revocable trusts which offer no protection from nursing home costs. In most cases, in order to gain eligibility, one must either give away assets or structure assets in a MAPT. Gifting assets to your children is usually a poor option, since those assets then become exposed to the children’s debts and liabilities, divorces, etc. For these reasons, the MAPT may be a preferred option as it leaves you in control. The primary disadvantage of the MAPT is that it limits you and your spouse to the income earned on the trust assets, as the principal is restricted and protected for the benefit of your remainder beneficiaries, usually your children. The MAPT does allow you to have full use and benefit of your home and real property, including the right to sell it (provided the proceeds stay in the trust). As with most asset transfers the creation of a MAPT is subject to a Medicaid “look back” of five years. This means the trust should be created and funded at least five years prior to applying for any Medicaid benefits. It is important to note that most clients who set up a MAPT elect to keep a sufficient amount of assets out of the trust so they will have full access and control to a comfortable level of assets for their lifestyle. IRA’s and other retirement plans are usually left out of a MAPT. In summary, planning for the cost of long-term care is an important issue that many people need to consider when setting up their estate plan. This type of planning is very specialized and should only be implemented with the help of an experienced elder law attorney.
Show More

Recent Blog Posts

What happens if you die without a will in Arkansas?

November 24, 2025
If you pass away in Arkansas without leaving a valid will, you are considered to have died “intestate.” In that case, Arkansas intestacy laws, not your personal wishes, control how your property is divided, who manages your estate and who cares for your minor children.  Under Arkansas law, the distribution of property without a will depends on your family situation. If you are married with children, your spouse does not automatically receive everything. Instead, your spouse typically inherits one-third of your personal property and a life estate in one-third of your real estate, while the remainder passes directly to your children in equal shares. If you are married but have no children, your spouse may inherit all of your personal property and a life estate in your real estate, but if your parents, siblings, or nieces and nephews are living, they may also inherit part of your estate. If you have children but no surviving spouse, your entire estate passes to your children in equal shares, with grandchildren inheriting their parent’s share if a child has already passed away. Blended families face unique challenges when it comes to estate planning, which makes having a will especially important. In Arkansas, stepchildren do not inherit from a stepparent under intestacy laws. This means that if you die without a will, your stepchildren will not receive any part of your estate, even if you raised them as your own or intended for them to share equally with your biological children. Similarly, without clear planning, children from a prior marriage and a current spouse may end up in conflict over how property is divided. A carefully drafted will allows you to provide for both your spouse and all children, biological and step, according to your wishes. In addition to determining who inherits your property, intestacy also affects who manages your estate. If you have a will, you get to appoint an executor, also called a personal representative, to handle probate, pay debts and distribute your assets. Without one, the court appoints someone, often a surviving spouse, adult child, or another relative. This can create delays, additional expenses, and sometimes conflict if family members disagree over who should serve. Perhaps the most serious consequence of dying without a will involves your minor children. A will allows you to designate a guardian, someone you trust to raise your children if something happens to you. Without that guidance, the court must decide who will serve as guardian, and the result may not reflect your wishes. The burden on your family can be significant when there is no will in place. Fortunately, these problems are preventable. By creating a valid Arkansas will, you can decide exactly who should inherit your property, appoint a trusted person to manage your estate, and choose the guardian who will raise your children. Even better, a comprehensive estate plan that includes not only a will but also trusts, powers of attorney and health care directives can provide further protection and peace of mind. Bottom line: If you die without a will in Arkansas, state law decides what happens, and the results may not be what you intended. Taking the time to create a will ensures that your wishes are followed, your family is protected, and your legacy is preserved. Ryan Villano is an attorney at Farrar and Williams PLLC which is conveniently located at 1720 Higdon Ferry Rd., Hot Springs, AR. To discuss your estate planning needs or to schedule a consultation, give us a call at 501525-4401 or visit our website at www.farrarwilliams.com.

Naming IRA & 401(k) beneficiaries

November 24, 2025
Many people make costly estate planning mistakes when it comes to individual retirement accounts. Unlike other assets, IRAs and 401(k)s are not typically covered by a will or a standard type of trust. Instead, the funds go to inheritors according to beneficiary designation forms that are on file with the IRA custodian. Oftentimes individuals do not know who is listed on their beneficiary forms because the account and beneficiary designations were created many years ago.  It is a good idea to make sure all of your beneficiary forms are in order and up to date. You should check the designation on file to make sure it’s what you intend. You should also be sure to name both primary and contingent beneficiaries on your plans in case the primary beneficiary predeceases you. You can name any beneficiaries you want with an IRA or 401(k), including family members, friends, a trust or charity. Alternatively, with a 401(k) or other workplace plan, your spouse must give written permission for you to leave the account to anyone else. If there is no beneficiary form on file, your heirs must use the IRA custodian’s default policy. This may also mean someone other than the person you intended will receive your IRA (i.e. your heirs- at-law). Typically the custodian will award an IRA first to a living spouse and then to your estate. Sometimes the custodian may send it straight to the estate, which will cut short the tax benefits and most likely require a probate proceeding. If you list your children as beneficiaries, it is often a good idea to provide for “per stirpes” distributions (if the form allows this designation). This means that if your child predeceases you, their children would become the beneficiaries, instead of your other children, or the co-beneficiaries. Sometimes clients wish to leave their IRA to a trust to accept retirement assets. There can be many reasons for leaving your IRA to a trust, which include: • If your intended beneficiaries are minors. • If you are fearful of creditors or in-laws. • If you wish to control the cash flow to beneficiaries with money management problems. • Second-marriage planning. Many complex IRS rules govern IRA trusts. Therefore, it is critical that you speak with your trusted advisors to ensure that an IRA trust meets your goals as well as the government criteria. Regardless of who you ultimately decide to name as beneficiary of your retirement accounts or plans, it is crucial that those assets make their way to your intended beneficiary. A proper beneficiary designation form should accomplish this. Wesley W. Harris is an associate attorney at Farrar & Williams, PLLC, a law firm limiting its practice to trusts, estate planning, and elder law, located at 1720 Higdon Ferry Road, Suite 202, and can be contacted at 501-5254401 or by email at wesley@farrarwilliams. com. The firm’s website is farrarwilliams. com.

How to plan for long-term care costs

September 19, 2025
It is a reality that as we live longer, the need for long-term medical care continues to rise. A question I often get asked is, “How do we plan for the cost of long-term care, including nursing home costs?” Long-term care insurance is by far the preferred option, since it offers the possibility of keeping people out of nursing homes by paying for care in the home or in assisted living facilities. Statistics show that the vast majority of people do not purchase long-term care insurance and are forced to rely on other alternatives to pay for long-term care costs. Unfortunately, the other alternatives often do not include care in the home and instead require the long-term care to be in a nursing home. Without insurance, there are two primary options for the payment of nursing home costs. First, a person may have sufficient income and assets to pay for such costs on a private pay basis. However, since such costs average in excess of $6,500 per month, the private pay option is not a long-term solution for most people. The second option is the Long Term Care Medicaid Program. Since this is a government benefit program, there are asset and income requirements to be met in order to qualify. The rules differ depending on if you are single or married. As a result of the eligibility determination process, many clients structure their estate plans in a way to enhance their eligibility in the event such costs become necessary. The remainder of this article will focus on one of the more popular estate planning tools used to enhance Medicaid eligibility for long-term care costs. A special type of trust often referred to as an “irrevocable trust” is a popular planning option. I prefer to call this trust a Medicaid Asset Protection Trust. It is important to note that most trusts that are set up are revocable trusts which offer no protection from nursing home costs. In most cases, in order to gain eligibility, one must either give away assets or structure assets in a MAPT. Gifting assets to your children is usually a poor option, since those assets then become exposed to the children’s debts and liabilities, divorces, etc. For these reasons, the MAPT may be a preferred option as it leaves you in control. The primary disadvantage of the MAPT is that it limits you and your spouse to the income earned on the trust assets, as the principal is restricted and protected for the benefit of your remainder beneficiaries, usually your children. The MAPT does allow you to have full use and benefit of your home and real property, including the right to sell it (provided the proceeds stay in the trust). As with most asset transfers the creation of a MAPT is subject to a Medicaid “look back” of five years. This means the trust should be created and funded at least five years prior to applying for any Medicaid benefits. It is important to note that most clients who set up a MAPT elect to keep a sufficient amount of assets out of the trust so they will have full access and control to a comfortable level of assets for their lifestyle. IRA’s and other retirement plans are usually left out of a MAPT. In summary, planning for the cost of long-term care is an important issue that many people need to consider when setting up their estate plan. This type of planning is very specialized and should only be implemented with the help of an experienced elder law attorney.
Show More