Q: My father recently passed away in Arkansas. Me and my siblings are in California. His wife will not show us his will.
My father owned several homes in Arkansas, one in which his wife's son has lived in for free. My Dad also had automobiles and motorcycles of some value. I believe her refusal is a sign that my father left most of his assets to us and she does not want us to know that, otherwise why not release the will?
A: My condolences for the loss of your father. Unfortunately, how this can or will be handled will be dependent upon what the law is in Arkansas, so you will need to consult an Arkansas attorney, preferably near the city where your father resided when he passed away.
A:
First, I am a California licensed lawyer and cannot advise what Arkansas law requires about wills.
If this was CA, the will would have to be filed at the courthouse within 30 days of death.
If this was CA, you as an heir, could file a probate court proceeding and force the will to be produced.
In CA, before someone dies, wills are not filed or recorded with any government agency so getting on the situation as soon as possible is critical.
Second, you MUST retain an Arkansas lawyer in the county/town where your father died to (a) tell you what the Arkansas law is and (b) to take legal steps including filing a probate or other court proceeding.
Third, DO not assume the will will ever turn up, be located, or produced. It is common in situations like this for people to destroy or "lose" the will if it is not favorable to them. The longer you wait to retain an Arkansas lawyer to represent and advise the more likely the will will disappear and money and property disappear. TIME IS EXTREMELY IMPORTANT FOR YOU TO ACT ON THIS AND RETAIN ARKANSAS LEGAL COUNSEL AS IT LOOKS LIKE YOU MAY BE ENTITLED TO HUNDREDS OF THOUSANDS OF DOLLARS IN VALUE.
Fourth, this is not a "do it yourself" type of situation. The laws and procedures are far too complicated and filled with various legal deadlines. Do not assume that if your father's wife retains a lawyer to represent the estate that he/she will represent your interests as well. Lawyers can only represent one side or the other. You need your own lawyer. There is no way around this.
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