Legal Question in Wills and Trusts in Arkansas


my uncle was unmarried had no children. But lived with a woman for 13 yrs in arkansas. He was diagonosed with bone cancer two months ago and immediatley put on hospice and morphine. One month ago the woman had him make a new will, now it has been more than two weeks. The woman doesnt talk to the family. I heard thru town that she was wanting to claim common law. She hasnt tried to probate will as of yet. Uncle also put her on bank acct one month ago. In 13 yrs he just did that I assume to pay his bills. We have no copy of will, she doesnt tell the family anything. We dont know if she is executor or whom. But it doesnt sound like he left it to her. All of our life he said he was leaving it to family.

Asked on 9/09/08, 4:52 am

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: probate

First of all, there is no common law marriage in AR.

A bank account is owned by whoever's name is on it. If her name is on the account, she owns it. It doesn't have to go through probate, no matter what the will says, so long as it was done properly through the bank.

As far as the will, you can petition the court for proof of a will. That is the only way I know of to force her to show a copy of the will. She may probate it herself, but if not, you can ask the court to probate his estate, and whoever has the original Will must provide it to the Court.

Good Luck.

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Answered on 9/09/08, 9:53 am

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