Legal Question in Wills and Trusts in Arkansas

Re: A Will with a Litigation Pending

Are there any surviving children? It appears from your question that he only left it to his children that were alive at his passing. I would like to see what the rest of his will says. I assume that he passed in AR. If not, the answer may be different. Normally, a provision for one's children passes to the child's children if he predeceases the person whose will we are talking about. But he may not have meant it that way. I would need more info. The pending litigation question is unclear. Not sure what you mean. Are you asking if these grandchildren are able to be part of the litigation? Anyone who is an "interested" party may question a will. An interested party is one who would potentially receive something from the will. Sorry my answer is not complete but you need to talk to a lawyer and let him ask some more questions and possibly examine the will to give you a definitive answer.

Re: A Will with a Litigation Pending

It sounds like he left it to his living children. It does not carry forward to the living children of a dead child. Living children means living at the time of his death, not at the time he wrote the will.

That having been said, you need to talk to a lawyer about all of the details and let him read the documents to make a properly informed decision, not a 2c quickie online. It sounds like there could be a chunk of change in the balance.