More details to this question:
My father passed away from cancer a little over a year ago. His new wife of only a few years said there’s no will and kept everything( including around $350,000 from life insurance) and sold all his property (tools, guns, etc) and kept the profits. I have to question 1. If there was actually a will. 2. Of us kids (3) are entitled to anything at all. I also question her intentions with my dad and the care she provided in the end.
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Life insurance passes to the person named on the policy (likely your stepmother) and only passes through a Will (or, if there is no Will, to the heirs under state law) if no one is named.
If there was a Will, things go to whomever the writer of the Will named.
From your description, it appears that there was no Will and that you are asserting that the personal property was not marital property under Arkansas law so that a portion of the proceeds should pass to your father's children. This is a question to be raised with a local probate attorney.
No one can prove what is in another person's mind, what their intentions are or were.
If you believe that your stepmother's care of your father constituted abuse or neglect, you should have reported it to Adult Protective Services while he was alive. If would be difficult to impossible to investigate that now.
Answered on Nov 08th, 2019 at 5:17 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.