Dying Intestate - Adult Children's Rights to Benefits
I am wondering what happens when someone dies in the State of Arkansas without a will or trust. If the person is married with no ''blood'' children but has children all exceeding the age of 18 from a past marriage, are those children entitled to benefits or inheritance prior to the beneficiary dying? I will assume that the spouse is the beneficiary. Can one of the deceased's children start proceedings? Do the children of the spouse have any right to claim inheritance? Is Arkansas a ''community property state''?
1 Answer from Attorneys
Re: Dying Intestate - Adult Children's Rights to Benefits
Arkansas is not a community property state. In most situations where one dies intestate, both the surviving spouse and any surviving biological heirs are entitled to portions of the estate.