If our daughter died without a Will after only being married 1 1/2 years, do we have a legal claim to 1/2 her estate and her personal items?

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If our daughter died without a Will after only being married 1 1/2 years, do we have a legal claim to 1/2 her estate and her personal items?

We were told that as her parents we are entitled to half of her estate because she was married less than 3 years. We do not want monetary compensation from the estate but we do want some personal items of our daughters.

Asked on July 25, 2014 under Estate Planning, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As to the personal items, just ask nicely and I am sure you can obtain those personal items. As to your stathe law, it's complicated. If your child did not have children and the properties and accounts were not held in joint tenancy, the spouse is entitled to half. The other half does go to you.


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