If I recently married a man that has a Will that leaves his home to his children and he dies before we execute a new Will, who gets his property?
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If I recently married a man that has a Will that leaves his home to his children and he dies before we execute a new Will, who gets his property?
Will his property still go to his children?
Asked on May 20, 2015 under Estate Planning, Arkansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Arkansas has what is called the "right of election" for a spouse that is not named in a Will or left less than what they think is their fair share. A surviving spouse has a right under Arkansas law to elect to take against the Will. This means that instead of receiving the assets that the survivor is entitled to under the terms of the Will, she has a right to receive an amount of assets equal to her dower in the estate. Under Arkansas law, the dower rights of a surviving spouse is equal to a 1/3 life estate in any land, and 1/3 of the personal property owned by the decedent.
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