Legal Question in Wills and Trusts in Arkansas
Dying in Arkansas without a will with a surviving spouse.
My mother's husband just passed away. Neither of them had a will. What are her rights as the surviving spouse. There are several living children, all over the ages of 46.
Asked on 12/08/00, 6:35 pm
1 Answer from Attorneys
Bryan Mason
Law Office of Bryan S. Mason
Re: Dying in Arkansas without a will with a surviving spouse.
It depends how property is titled. If property was just in the decedent's name then the surviing spouse is enttiled to 1/3 of land for life (Dower interest) and 1/3 of all personal property outright. (sec. 28-11-305). If property is titled jointly or she was designated beneficiary (eg. insurance) then that property is hers outright. She needs to probably clear title on what she can and have her own will or trust.
Answered on 12/15/00, 8:07 pm
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