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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 6 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption