Full question:
I live in Fayetteville, Arkansas. My husband and I had been married for 2 years. My husband recently passed away due to a car accident and had left a will. However, my husband had forgotten to update his will and had left all his money and property to his parents. Can I choose not to follow my husband’s will and divide up his estate in any other legal way?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Arkansas
Answer:
In Arkansas, as a surviving spouse, you have rights concerning your deceased husband’s estate. Even if his will leaves everything to his parents, you can choose to take an elective share instead of what’s specified in the will. This right is outlined in Arkansas Code § 28-39-401.
To qualify for this right, you must have been married to your husband for more than one year before his death. If you elect to take against the will, your share will include:
- Dower rights if you are a woman, which grants you rights to his real estate and personal property as if he had died without a will.
- Curtesy rights if you are a man, which provides a similar interest in your spouse's property.
- Any remaining estate after debts, taxes, and gifts specified in the will, if there are no surviving children or other close relatives.
You must file your election for the elective share within one month after the period for filing creditor claims ends. Claims against the estate must be filed with the court within six months of the first notice to creditors.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.