Legal Question in Wills and Trusts in Arkansas

PendingSuits

can a person legally and free, find out about or find out if there is a law suit up against *whoever* from a certain person? My father died, my *ex step mother never gave us kids anything, I thought my father had a will, but i never fully investigated that. I'm hearing now that she, the widow of my father, has a law suit against the nurse that was present and/or cause , when my father died. I would like to know if i can find out if there is a lawsuit pending, and if i have any legal rights concerning it or anything to do with my father.


Asked on 9/19/05, 6:41 am

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: PendingSuits

Unless the judge seals the records on a particular suit, the filing of the suit is public record. Sealing the records is very rare.

You need to go to the courthouse in the county that she would have filed the suit in. Go to the civil clerks office. Explain what you are looking for, and ask for help. Some counties have computers you can look it up on, others don't. Just ask how you can find out what you need to know.

As far as your rights, it depends on whether there was a will, and if so, what the will says. If there was a will, then it would determine whether you have any rights to the proceeds of the suit, or whether you do not.

If there was no will, you will almost certainly be entitled to a part of the proceeds of any suit filed on behalf of your father.

When a person dies in AR, without a will, there is a set way to divide their property and the rights to any proceeds from a suit or anything that they owned. The children of a person who died without a will are provided for in this division of the property. Your share depends on the number of children your father had. His widow will also be entitled to part of his property.

I hope this clears some of it up. Email or call me if you have more questions, or need help.

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Answered on 9/19/05, 10:00 am


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