Legal Question in Wills and Trusts in Arkansas

Beneficiary of old Wills

My husband and I still have wills making our ex-spouses beneficiaries. Both both are more than 12 years old. If, in the event one of us passes unexpectedly, do any of our ex-spouses have any claim on the assets shared jointly? One will is from Florida, the other military overseas. We are currently living in Arkansas.


Asked on 9/25/07, 9:57 am

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Beneficiary of old Wills

Property held jointly by husband and wife, in AR, does not go through probate. It goes directly to the surviving spouse. This mainly is real estate, titled in both names, or vehicles in both names, or bank accounts in both names. It generally does not include property that is not named or titled.

So, it may be possible for the ex-spouses to have a claim on certain assets, particularly if there is anything that belongs to just one of you.

I would strongly advise you to revise your wills. It will make things a lot simpler on your family and take away any possible questions or claims your ex-spouses may have.

Read more
Answered on 9/25/07, 2:26 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arkansas