Contesting a Will

[sciacca]

I recently found out my father passed away 3 months ago in the state of Arkansas and his will is currently in probate. The beneficiary of his will is a companion of 18 yrs whom he did not live with. My father had six biological children and one adopted child with my mother. We have not seen him in more than 40 years. My mother divorced him in 1980 on the grounds of dessertion. He never paid child support during those years. My question is can we, all of his children, contest his will or file a claim for non payment of child support? My mother is deceased. Thank you.

 

[CLJM]

I recently found out my father passed away 3 months ago in the state of Arkansas and his will is currently in probate. The beneficiary of his will is a companion of 18 yrs whom he did not live with. My father had six biological children and one adopted child with my mother. We have not seen him in more than 40 years. My mother divorced him in 1980 on the grounds of dessertion. He never paid child support during those years. My question is can we, all of his children, contest his will or file a claim for non payment of child support? My mother is deceased. Thank you.

What do you want to contest in his Will ?
Child support, if it was owed, was owed to your Mother. You would have no standing to file a claim for child support.

Arkansas Probate Statutes Title 28

 

[sciacca]

Contesting a will

I thought we could contest the will for all the back child support owed that my mother never received. And, because of abuse and neglect he put upon his children they would be entitled to receive some compensation. Just asking. Thank you.

 

[Zigner]

Your mother's ESTATE may be able to attempt to collect the past-due court-ordered child support. The representative of the estate would want to speak with a local attorney or three for opinions. I suspect, however, that your mother passed a fairly long time ago.

 

[sciacca]

Contesting a will

Thank you for your advice.