Legal Question in Wills and Trusts in Arkansas
Reciprocal (?) Will
My mother in law passed away in October as a resident of Hot Springs. Her husband states that the will she had was a reciprocal will and that she left nothing to her son (my husband). My husband still wants to see a copy. How can we do this? Must we force his hand through the court system to show the will she left? Because the husband states that it was a reciprocal will, does that affect my husband's rights of seeing her last will and testament? Thank you for any assistance.
1 Answer from Attorneys
Re: Reciprocal (?) Will
Your husband certainly has the right to see his mother's will. I would call the courthouse in Garland County, Probate clerk's office, and ask how you could see a copy of the will. If it has been put into probate, they should have it.
His mother's will must specifically say that she is not giving anything to her son, or he will be entitled to a share of the estate. In AR, a child must be mentioned in the will to be getting nothing, or the child has a right to petition to receive a share of the estate. The amount of his share would depend on how many siblings he had.
If you can get a copy of the will, I would be glad to look at it for you, at no charge, to see if your husband has any rights in the estate.
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