Legal Question in Wills and Trusts in Arkansas

Why is she entitled to 1/3 of mine?

My dad recently passed away and he had a will written, leaving me all of his personal belongings. His widow, my stepmother is now wanting 1/3 of everything he left me. But I am not entitled to anything of theirs. Why is she able to take 1/3 of the things he had prior to their marriage and I cannot have 1/3 of his things after marriage. I am looking for any law state or otherwise that could help me dispute this claim. Where can I go to research this question? Maybe there is some hidden law from many years ago that could dispute this action and keep my stepmom from getting something that she should not have. She already has everything else. Please help me find some wray of hope to keep the personal things my dad left me.


Asked on 5/02/05, 4:13 am

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Why is she entitled to 1/3 of mine?

In AR, a spouse is entitled to a minimum of 1/3 of their spouse's property, whether or not that is written into the will or not. So, if she files for this once the will is probated, she is likely to be given 1/3 of his property.

What the actual property wil be that she receives is up to either a settlement between the two of you, or a judge if the two of you can't work it out.

I don't think you are going to be able to find anything that is going to prevent your stepmother from receiving some of your father's property. How much and what property is a question that will have to be answered by the court or the two of you.

You may want to consider having an attorney represent you. Were you appointed Administrator of his will? Did he have any special provisions in his will against someone contesting the will? What county is his property located in? Did he have any money or property that she currently has access to?

I'd be glad to help you some more, if I can, but I need some more information.

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Answered on 5/02/05, 11:48 am


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