Q: If there is not a will in place, does the second wife or the son from the first marriage inherit the estate?
A: Both. If there's no will and the "decedent" (the person who passed) had a wife and adult kids, a portion goes to the wife and another portion goes to the kids. You have to file a petition to probate his estate to get the process started, though. If I were you, I'd hire an attorney ASAP to get the process started, because it can take some time (at least six months).
A:
Both. If there's no will in place, then a portion of the estate will go to the wife and another portion will go to the son (and other kids if there are others).
Who gets what is covered by the Arkansas intestacy code. It governs who gets what portion of the estate. To divide it up, you have to file a petition for probate in the court of the county where he lived. Someone will be appointed administrator of the estate and will begin the process of dividing things up. It can be a long, tricky process, and it's usually a good idea to hire an attorney to help you through the process.
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