Intestate & Beneficiary - Arkansas

[JPalmer567]

What is the name of your state? Arkansas

Hello,
My father recently died in Little Rock, Arkansa, and lived in nearby Lonoke. We believe he died without a will though we aren't certain because his spouse is claiming ignorance of financial matters. My sister and I know differently as we have proof she tried to collect on SS benefits (our mother is now receiving his benefits) and she contacted his employer benenfits center to notify them of his death and to claim his policy.

His spouse claims that his previous wife's (not my mother) name is still indicated as beneficiary.

My father purchased a new mobile home and property for it, a new truck, and an SUV for his spouse. These were all purchased within the last year and half - two years. He also took a lump sum early retirement payout which was put into a CD. We do not know if these items were held individually or in joint.

My questions are:

1. If he died intestate, what property and assets must go to probate?

2. How is the court notified of in this instance?

3. Can a life insurance policy beneficiary be contested on the grounds that MetLife did not change a beneficiary?

4. Does the eldest son have any legal recourse to contest a life insurance beneficiary if it is a divorced spouse?

5. Must beneficiary changes be made in writing or can it be done by phone?

6. Spouse has informed us that she will sell my father's truck to her nephew. Can this be done if she is not on the title?

Thank you to anyone who may have advice on any of my questions.

Joe PalmerWhat is the name of your state?

 

[Dandy Don]

Normally the will is filed within 30 days after the death--check at the county courthouse probate court in 30 days to see if anyone has filed anything.

So contact MetLife yourself to find out if spouse's comment about the beneficiary is true or not.

The CD will probably have a designated beneficiary, but if it doesn't it will go into the estate. You don't know where your father did his banking? Then hire a private investigator to find out and then contact the bank yourself to inquire about the CD or wait for the executor to handle this.

Beneficiary changes must be done in writing.

Sounds like wife has everything under control and you just need to wait the 30 days to see if she files anything at the courthouse. If she doesn't, and if you have knowledge of assets that need to be probated, then YOU can hire an attorney to be executor.

DANDY DON IN OKLAHOMA ([email protected])

 

[BelizeBreeze]

What is the name of your state? Arkansas

Hello,
My father recently died in Little Rock, Arkansa, and lived in nearby Lonoke. We believe he died without a will though we aren't certain because his spouse is claiming ignorance of financial matters. My sister and I know differently as we have proof she tried to collect on SS benefits (our mother is now receiving his benefits) and she contacted his employer benenfits center to notify them of his death and to claim his policy.

His spouse claims that his previous wife's (not my mother) name is still indicated as beneficiary.

My father purchased a new mobile home and property for it, a new truck, and an SUV for his spouse. These were all purchased within the last year and half - two years. He also took a lump sum early retirement payout which was put into a CD. We do not know if these items were held individually or in joint.

My questions are:

1. If he died intestate, what property and assets must go to probate?

All property and assets will go into probate except the accounts which have a beneficiary designation. That designation (absent other circumstances which I will detail below) controls. If no designation then the asset goes to probate.

2. How is the court notified of in this instance?

notified about what? That dad died? Get a copy of the death certificate and check the probate court. If no probate case has been opened, petition for letters testimentary and open probate.

3. Can a life insurance policy beneficiary be contested on the grounds that MetLife did not change a beneficiary?

Anything can be contested. However, if there is a beneficiary designation and the divorce decree is silent as to property rights to the insurance, then the insurance designation controls.

4. Does the eldest son have any legal recourse to contest a life insurance beneficiary if it is a divorced spouse?

ANYONE may contest, but without more details there's no way we can tell you any possible outcome.

5. Must beneficiary changes be made in writing or can it be done by phone?

That is dependent upon the carrier and their requirements.

6. Spouse has informed us that she will sell my father's truck to her nephew. Can this be done if she is not on the title?

Not unless probate has been opened and she has authority as exectrix. If her name, however, is on the title as jtrows then yes, she can.

Thank you to anyone who may have advice on any of my questions.

Joe PalmerWhat is the name of your state?

you're welcome