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Probate Rules in Arkansas

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kareninsd

Junior Member
What is the name of your state? For Arkansas.

My friend is the executor of her deceased mother's will. She read me the will and her mother has left her all her assets. But she is being told that her deceased brother's children are entitled to half. Is that possible? ThanksWhat is the name of your state?
 


Dandy Don

Senior Member
Is there any language in there giving a reason why nothing was left to the other siblings?

She needs to take the will to a probate attorney to have the will evaluated to see if it is fit to be filed for probate.
 

kareninsd

Junior Member
Probate Law in Arkansas

The only other other sibling died years ago. The question is why do his children get half the assets when everything was left to the remaining sibling.
 

kareninsd

Junior Member
Probate Law in Arkansas

My friend read me the will. It stated that there two children from her mother's marriage, my friend and her deceased brother who passed away years ago. It reads that all the assets of the mother are left to her daughter, my friend. A lawyer told her that her deceased brother's children divide half the assets between themselves, even though everything was left to her. Is that an Arkansas law or does it apply to all the states? While my friend's mother was alive she gave over $25,000 to these grandchildren, does that make any difference?
 

seniorjudge

Senior Member
My friend read me the will. It stated that there two children from her mother's marriage, my friend and her deceased brother who passed away years ago. It reads that all the assets of the mother are left to her daughter, my friend. A lawyer told her that her deceased brother's children divide half the assets between themselves, even though everything was left to her. Is that an Arkansas law or does it apply to all the states? While my friend's mother was alive she gave over $25,000 to these grandchildren, does that make any difference?
If the will said simply that half goes to sis and half goes to bro, then if sis dies, her heirs get her half. That's the general rule.

Grandma could've given sis a million dollars and bro a sack of coal during grandma's lifetime and it wouldn't make any difference.
 

anteater

Senior Member
If the will said simply that half goes to sis and half goes to bro, then if sis dies, her heirs get her half. That's the general rule.

Grandma could've given sis a million dollars and bro a sack of coal during grandma's lifetime and it wouldn't make any difference.
On the other hand, if the will specifically stated that Daughter X is to receive 100%, then Daughter X should be asking the attorney what the basis is for stating that predeceased brother's kids receive half.
 

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