Legal Question in Wills and Trusts in Arkansas
Property
Upon the death of a spouse who has children who is the legal heir when there isn't a will.
Asked on 6/14/07, 1:26 pm
1 Answer from Attorneys
Harvey Harris
Harris Law Firm
Re: Property
The general rule when a person passes without a will, leaving a spouse and children, is that the spouse gets a one-third life estate in the real property, and one-third of the personal property. The children (no matter how many) equally share in the other two-thirds of the property.
This is a general rule. There may be some exceptions. I would be glad to explain further, if needed.
Answered on 6/14/07, 1:34 pm