Legal Question in Wills and Trusts in Arkansas
''Rights'' to seeing a will
My mother in law passed away in October - she was a resident of Hot Springs. She told her son (my husband) that she had left some things for him in her will. However, her husband states that there is no will. We received a package in the mail today with a piece of jewelry that is to be passed on to our 13 year old daugher when she turns 21 per the instructions in her will. Does my husband (her only child) have a ''right'' to see the will? He feels as if the husband and his family are not being totally honest with him. I am willing to contact via telephone an attorney in Arkansas if necessary, I just don't know who to contact. Thanks you.
3 Answers from Attorneys
Re: ''Rights'' to seeing a will
Had she died without a Will in Oklahoma, your husband would be entitled to:(1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during their marriage, and (2) an undivided equal part in the property of the decedent not acquired by the joint industry of the husband and wife during marriage. You will need to contact an Arkansas attorney to determine the Arkansas law.
Re: ''Rights'' to seeing a will
Yes, he certainly has a right to see the will. As the son, he should have received a copy of the will, as well as the daughter that is to get the jewelry. You need to make sure there is a will. If not, then it would change a lot of things.
You also need to find out if the will (if there is one), has been put in probate. If it has, normally the person handling the estate, or the attorney, would have sent to the son a copy of the will and other information from the court about the estate.
I would suggest looking into this right away.
Re: ''Rights'' to seeing a will
If the estate has been filed the will may be on file at the court house. Contact a Hot Springs attorney who handles estates.
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