Legal Question in Wills and Trusts in Arkansas
Child's Right Born After Will Made
I am trying to help my two neices, one of which was born after her parents made their will. Their father passed away in Nov. 2005. I understand that the older daughter was in the will, the younger was born after the will was made. As of yet, a will has not been filed in the Dallas County Clerk's office.
All land etc. was in both husband and wife's name. They want to obtain some of their father's personal belongings but their mother (and her new husband) are not being at all reasonable. What can they do? Neither daughter has the monetary means to hire a lawyer. Is there any group of lawyers that help people in their situation? One daughter has two children and her husband is currently unemployed. The other daughter is a single mom with one child. Both live in mobile homes on their mother's property. The single mom was supposed to have been given the title to her mobile home but the new husband is fobidding it. These girls really need someone to help them and I am unable to do so financially.
1 Answer from Attorneys
Re: Child's Right Born After Will Made
Under AR law, a child who is not mentioned in the will is allowed to take the share of their parents estate that they would have gotten if the parent had passed without a will. In other words, she should receive a share of the estate. If the parent was married at the time of his passing and he had 2 children, the child's share would be one-third of his property.
This does not include property that was in the name of both the husband and wife. That property goes directly to the spouse. It does not go through probate.
Why has the will not been probated? I would try to get this done soon, or there will be no property left.
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