Akron, OH asked in Real Estate Law, Estate Planning and Probate for Arkansas

Q: My grandmother died and I’m the only grandchild her husband is selling the house I haven’t received anything

She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will

1 Lawyer Answer
Dustin A. Duke
Dustin A. Duke
  • Estate Planning Lawyer
  • Little Rock, AR
  • Licensed in Arkansas

A: First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that they had been married for at least a year) and her descendants (her children or grandchildren of any children who predeceased her). Her probate estate is any property that she owned that would not transfer upon her death automatically. If her home was owned with her husband as tenants by the entirety, then he would own the home outright upon her death. Likewise, if her bank accounts had a Pay on Death designation leaving the account to her husband, he would own the account upon her death. If the home or bank accounts did not pass automatically upon her death, then they would need to go through probate and you would be entitled to a portion of them.

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