QUESTION
Who owns the property after my brother passed away?
Asked on Apr 18th, 2011 on Estate Planning - Arkansas
More details to this question:
My brother passed away from a heart attack two weeks ago. His wife left him 3 years ago, started a new life and had another baby, they had 2 children together, now that he passed away she shows up with a lawyer in hand and wants the titles to the 2 homes he owed to the cars and even wants his clothes and shoes. My mom lives in my brother's home, can she take everything that belonged to him legally? Or do we have a fighting chance to keep the homes and the vehicles within our family? Please advice.
3 ANSWERS
Theodore W. Robinson
Unfortunately, you did not mention whether your brother left a Will or not. If no Will was left, his estate will be divided by the laws of Intestacy in the state in which he resided. If his wife did not divorce him, then she may well have a claim to much of his estate, along with his children. If they were divorced, that would be a different situation. I strongly suggest you speak with an experienced estate attorney right away in order to give him/her more information and get more clarity about the future. Good luck.
Answered on Apr 21st, 2011 at 7:34 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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Assuming they were still married, she and he had no children from outside the marriage, she is entitled to everything. The home is treated a little differently and it depends on how the home and other property were titled. A homestead not in her name would pass to his children, but she would be entitled to a life estate or 50% at her choice.
Answered on Apr 20th, 2011 at 10:41 AM
Family Law Attorney serving Little Rock, AR
at
Tammy B. Gattis Attorney at Law, P.A.
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She gets nothing. His kids and mom will split things under AR law unless there is a will/trust. You should definitely fight this.
Answered on Apr 20th, 2011 at 10:33 AM