Legal Question in Wills and Trusts in Arkansas
Children rights to deceased parents personal property with no will.
My husbands mother just passed away with no will. Her living spouse is getting married this week and is moving the deceased personal property into his future wifes home. What rights do the children have to the deceased personal property? She had designated her personal property to each child and grandchild and the children of the deceased were told by the deceased there was a will. However, when she passed away the living spouse informed the children of deceased there was no will. Also, can we find out if the deceased actually left a will? Thanks
1 Answer from Attorneys
Re: Children rights to deceased parents personal property with no will.
In AR, when someone passes away without a will, and they have a spouse and children, the spouse gets a one-third interest in everything. The children split the other two-thirds.
Certain real estate or other titled property that is in name of husband and wife goes directly to spouse left with or without a will. But, personal property does not.
As far as finding out if she had a will, the best way is to look through her property, if allowed. Such as, lock box, or bank box, or private drawer at house, etc. You may not be allowed to do that, though. Also, you could contact her attorney, if she had one, and ask if he or she made a will for her.
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