Legal Question in Wills and Trusts in Arkansas
use of info to not inheritate
if i am married in the state of arkansas and have property in mine and my husbands name ,but he has children from a previous marriage.Are there any laws or information on me that they could use against me so that i wuold not inheritate what i would normally get.
2 Answers from Attorneys
Re: use of info to not inheritate
Under AR law, if a husband and wife own property in both of their names, it goes directly to the surviving spouse when one passes away. If not in both names, it is determined by a will, if there is one. If not, depends on what heirs the deceased left behind.
I'd be glad to explain more, but need a few more details.
Re: use of info to not inheritate
If the property is held between you as tenants by the entirety as marital property in Arkansas is generally held the property would go directly to you. Also Arkansas has dower and curtsy rights, dower applies to the wife, and vests certain amounts of property in the wife. A will can effect the disposition of some property, but dower rights generally trump that, depending on length of marriage. I need a few more details to provide any additional information.
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