Legal Question in Wills and Trusts in Arkansas

inheritance

When a man and wife have two children together, and the wife has other children by a previous marriage, and the wife dies. Who gets their property when the husband dies?

Will all the kids get a share or just the two between them?


Asked on 2/25/04, 5:40 pm

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: inheritance

First of all, did anyone have a will? That would be the first thing to determine who got what.

Assuming no one has a will, when the wife passes her husband and the children she had with the husband and the children from a previous marriage are all entitled to a percentage of her estate. That is assuming that the children from a previous marriage had not been adopted by another parent. The percentage is not equal to everyone and a bit much to go into here, but I can tell you that if you are interested and want to contact me.

What everyone is entitled to also depends on whose name is on what. It can get complicated. When someone passes without a will, there needs to be an opening of the estate and a judge has to sign off on the assignment of the person's property that has to pass through the estate.

I may have thrown too much at you in this answer. There are even more factors that figure in this that I don't have space to go into here. I would be glad to answer more thoroughly if you would contact me by phone or email. There is no charge for an initial consultation.

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Answered on 2/25/04, 6:31 pm


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