T&E Solo Pack · Arkansas · Week Of June 22, 2026

Arkansas.

Your state’s pack. New issues arrive periodically on Mondays. Bookmark it. I built this for the Arkansas T&E solo who knows Title 28 (Arkansas’s own Wills, Estates and Fiduciary Relationships code) cold but still loses an afternoon a week hunting the current homestead rules, the Medicaid (DHS / ARChoices) waiver posture, whether the latest Arkansas Supreme Court ethics rule changes how you scope an engagement, or whether a recent Arkansas Court of Appeals decision just moved the law on capacity, undue influence, or a trustee’s duties. What’s below is what mattered in Arkansas lately — the week’s developments and the recent rulings from the bench.

For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.

AR
Arkansas · The Natural State
UPC — No (own Title 28 Probate Code)
Community Property — No (common law)
LTC Waiver — Medicaid (DHS / ARChoices)
Estate Recovery — Expanded
T&E Solo Pack Built for Arkansas attorneys
The Big Three · Week Of June 22, 2026

Here's what I'd want you to see from last week.

Three developments from the last seven days that I think actually matter to a Arkansas T&E solo. Each one has a read that lands on your practice specifically — and each one comes with the citation so you can verify the detail yourself before you use it with a client.

01

The Arkansas Supreme Court’s Administrative Order No. 25 governs generative-AI use with court data — barring exposure of internal court data to GAI.

Per the Court’s order, In re Creation of Administrative Order No. 25 (2025 Ark. 117, June 5, 2025) governs generative-AI use with court data: it bars AOC staff, clerks, and CourtConnect holders from exposing internal court data to generative AI, and cross-references the Rules of Professional Conduct and the Code of Judicial Conduct.

For an Arkansas solo, the direct lesson is data discipline: anything you draw from court systems or matter files is not something to paste into a public AI tool. The order signals how seriously the Arkansas judiciary treats AI-and-confidentiality, and it pairs with the RPC amendments below to put AI output squarely inside your own professional responsibility. Set a firm rule against feeding court or client data to consumer AI.

In re Creation of Admin. Order No. 25 (AI), 2025 Ark. 117 (June 5, 2025) · arcourts.gov · Admin. Order No. 25

02

Arkansas amended the Rules of Professional Conduct for AI — AI output now sits within the supervising attorney’s responsibility.

Per the Court’s per curiam, 2025 Ark. 115 amended Rule of Professional Conduct 5.3 and the Preamble to place the output of generative AI within the supervising attorney’s responsibility, with competence and confidentiality reinforced through Rule 1.6.

For an Arkansas solo, this closes any argument that AI is a black box you aren’t answerable for: under amended RPC 5.3, AI output is treated like the work of a nonlawyer assistant you supervise, so you own its accuracy and its confidentiality posture. Verify AI-generated citations against the primary source every time, and keep client-confidential information out of tool inputs — the rule now makes both your direct responsibility.

In re Amendments to the Ark. Rules of Prof’l Conduct, 2025 Ark. 115 · OPINIONS.ARCOURTS.GOV · 2025 Ark. 115

03

Arkansas DHS v. April Ward — the Arkansas Supreme Court issued a show-cause order over suspected AI-generated citations, live enforcement of the new AI rules.

Per the per curiam, Arkansas DHS v. April Ward and Minor Child, 2025 Ark. 217 (No. CV-25-758, Dec. 11, 2025), the Court issued a show-cause order to an attorney ad litem over defective, suspected AI-generated citations, requiring her to submit the full text of every cited opinion and statute plus an explanatory affidavit under Ark. R. App. P.–Civ. 11(d).

For an Arkansas solo, this is the rules above with teeth: the Court will demand the full text of every authority you cite and an affidavit explaining defective citations — a direct sanction risk for anyone who files AI output without checking it. The practical safeguard is simple and now mandatory in spirit: read and verify each cited opinion and statute before it goes in a filing, every time.

Ark. DHS v. April Ward and Minor Child, 2025 Ark. 217 (No. CV-25-758, Dec. 11, 2025) (per curiam) · OPINIONS.ARCOURTS.GOV · 2025 Ark. 217

From the Courts · Recent · Arkansas

What the courts did — and what it changes at your desk.

Decisions that bind a Arkansas practitioner — Arkansas’s appellate courts and the federal courts covering Arkansas, including the U.S. Eighth Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery. One read, the holding, and the official cite.

Decided Apr. 29, 2026
Court of Appeals of Arkansas
2026 Ark. App. 270

Sanders v. Sanders — a contract to make a will reaches what the decedent moved out of probate, and a constructive trust can follow those assets into joint title and a revocable trust.

Twin sons sued their late father’s widow — individually and as trustee of the couple’s joint revocable trust — to enforce a divorce property-settlement agreement (PSA) in which the father had promised to leave them the first $200,000 of his ‘estate.’ He never made the will, and at his death nearly everything passed outside probate through joint title and the trust, leaving the probate estate empty. The circuit court granted the widow summary judgment because she was not a party to the PSA and so could not have ‘breached’ it. The Court of Appeals reversed and remanded: the sons’ claim is not that the widow breached the contract but that she holds property impressed with their superior contractual rights, which a constructive trust can reach to prevent unjust enrichment.

Three things for the Arkansas T&E desk. One: a contract to make a will (Ark. Code Ann. § 28-24-101) construes ‘estate’ to mean everything the decedent owned or controlled at death — not just the probate estate — so joint tenancy, beneficiary designations, and revocable-trust funding do not defeat the promise (following Crain v. Crain, 72 F.4th 269 (8th Cir. 2023), and Orsini). Two: a third-party beneficiary can pursue a constructive trust against a non-party who merely holds the assets, so name the holder, not just the estate. Three: the remedy turns on tracing — assets must be identified and traceable, and property the survivor brought into the marriage may be carved out — so build the asset schedule early.

Sanders v. Sanders, 2026 Ark. App. 270 (Ark. Ct. App. Apr. 29, 2026) — official neutral citation, Arkansas Judiciary published opinion.

Trailing window
Arkansas appellate courts
Federal courts · Eighth Cir.

[From the Courts · slot 2 — awaiting the next verified T&E ruling]

This slot holds the next significant trusts-and-estates or estate-recovery decision from Arkansas’s appellate courts or the federal courts covering Arkansas. The lane reads each opinion before it lands here, and reads-and-discards criminal, family, commercial/LLC-fiduciary, and tax matters as not T&E. When the trailing window has no further ruling, this row says so plainly rather than inventing one.

Nothing further to re-paper from the bench this period; controlling authority unchanged.

Official reporter · court · date — populated when the next verified ruling lands.

Week Of June 22, 2026

This week.

This week in Arkansas for the T&E solo with Arkansas Medicaid (ARChoices) clients: the developments from the Arkansas Bar Association, the Arkansas Supreme Court, and the Arkansas DHS Medicaid program that actually moved your practice this period — each one primary-source verified.

Bar and Medicaid changes land on different schedules and aren't indexed by practice focus. Every item here was checked against its primary source, with the link, so you can verify before relying on it.