Do my uncle's children have rights to my grandmother's estate?

Full question:

My grandmother passed away. My father, being the only living child, took control of everything. She had no will so we assumed that my dad got everything. He kept her house. The contents he sold and used the money to work on the house. Now, a year and a half later, my deceased uncles children have decided that they should get half of everything. Do they have any rights. What can I do?

• Category: Wills and Estates
• Date: 04/07/2025
• State: Arkansas

Answer:

According to Arkansas law, when a person dies without a will (intestate), their estate is distributed based on a specific order of heirs. In this case, your grandmother's estate would first pass to her children, which includes your father, as the only living child. If there are no surviving descendants of your grandmother, the estate would not automatically go to your uncle's children.

However, if your grandmother had siblings (your uncles), their children (your cousins) may have a claim to a portion of the estate if your father were to pass away without a will, or if there were no surviving descendants or spouse. Under Arkansas law, the distribution follows this order:

1. Children and their descendants.
2. Surviving spouse (if no descendants).
3. Parents (if no descendants or spouse).
4. Siblings and their descendants (if no descendants, spouse, or parents).

Since your father is the only living child, he is entitled to the entire estate. Your uncle's children would not have rights to claim half of everything unless they can prove that your father is not the sole heir, which is unlikely in this situation. If they are pursuing this claim, it may be advisable to consult with an attorney who specializes in estate law to help protect your father's rights and address any potential disputes.