Legal Question in Wills and Trusts in Arkansas

Re: No Will

I am answering this question assuming your father lived in AR at the time of his passing. Otherwise, this answer is no good, if he was in another state.

You are not required to put the property into probate. But the state will not do it for you. The property will just go to whoever makes a valid claim or it may just get used up by whoever has control over it now. It only will go into probate if someone files it into probate, or someone contests the distribution of the property.

In AR, when someone passes without a will, their property goes to their spouse (you say he had none at his passing), with the children receiving the rest. This is a simplified version of how it is divided, but since he has children, they would receive his estate.

If you wish to have the estate probated, I would suggest doing so right away, before all of his property and money are gone.

What county and town did he live in? Do you have any relatives in AR?

Please contact me if you need more information or help.

Re: No Will

Everything your father owned at the time he died now belongs to you and your siblings. You need to contact a local attorney to help you with the decision whether an intestacy action is required; it depends on what he owned. Your dad's girlfriend/fiancee has no standing whatsoever to be acting on his behalf.

I wish you the best with this situation.