Estate Rights For Spouses

Summary

In Arkansas, as a surviving spouse, you typically have a life estate in one-third of your husbands real property. The length of marriage doesnt affect this right. Discussing estate planning with your husband and consulting an attorney is crucial. Potential challenges from heirs could involve court disputes, but you wouldnt have to leave the house during legal proceedings. Contact the Arkansas Bar Association for lawyer referrals.

Full Conversation

We live in Arkansas. I ran into an old boyfriend from 45 years ago and we always promised if either were single and the same time we would get married. We would check every 10 years to see how things were going. One of us was always not available until we hit the 60 year mark. We were both single and within a few hours he was at my door. At first look we both knew it was time for us. I introduced him to my 45 year old son, who grew up without a father or financial support, they shook hands and both of them were eye locked. I made them stop because it was weird. But they realized they were father and son. I later moved in with Bobby and his house was literally falling in No water in the house so bathroom was unusable, ceiling tile falling in with water damage, when it rained there was a waterfall that came in between * rooms, if you stepped on certain areas of the floor your foot would go through, floors were all sinking with cracks around the perimeter of a room big enough that animals from outside would come in, not one door in the house didn't have a hole punched in it, you get the idea. I talked him into letting me start on the bedroom floor, which is where the animals come in at night. I used to help my dad flip houses so I knew I could do some repairs. I tore out the old wood floors and was going to replace joists and go from there. However, there was nothing to fasten them to because of termite and water damage. I called my son and he came to help. We did the bedroom floor and he put new plumbing in the whole house. In the past 4 years we have been working on the house as we had money to do so. I fell in love with this house, it's 102 years old and will be beautiful when we're done. I have lived here 5 years. We got married and were only married a little over a year when we found out he had stage IV cancer. It was caught early but there is no cure. We don't have a life expectancy but I do know it could be down to years. He has * other kids from a previous marriage, plus the * that is ours. All the kids are in their 40s. * of his sons has made it very clear he wants the house. The other brother tells his dad he wants nothing after he dies, he just wants to spend time with him now. I think the * had agreed on who gets the house because I've heard our home referred to Johns house. I also had * people from his family tell me that they thought my husband gave to much to his kids and they should wait their turn before getting everything. I know Arkansas is a dower and curtesy state and that may help me keep the house. I only want to live here as long as I am able to maintain the property. I know I'm getting older (*) and won't want to mow and garden all the time and when I decide to move I would make sure the kids get everything. But the * son wants it as soon as his dad dies. Which leaves me with no where to live. I really love my home and want to stay. The house was paid off over 10 years ago so my name is not on the deed. If he died tomorrow what should I do?
I'm sorry to hear about your situation, ****. In Arkansas, as a surviving spouse, you'd typically have the right to a life estate in one-third of your husband's real property. If the property was owned jointly, it might pass directly to you. However, you should consider:
- Discussing with your husband about creating a will or modifying his current one, if it exists.
- Consulting an attorney for personalized advice.
- Exploring options like a survivorship deed or a transfer-on-death deed.
I did ask him why his son gets upset every time I do something to the house. I know he thinks of it as his house but I have to remind him that I live here now and when he lives he he can do whatever he wants. He was mad at his dad for us even being together. My husband did say one time that he wanted me to stay for a time but he wanted his * son to own his own house before he was *. Which would make me 90 years old I really don't' see me wanting to keep a big garden and mow a big yard when I'm * or even *. But I also don't want to come home from the funeral to see a uhaul parked in my front door and the son moving my things out. What would the worse thing that could happen to me be?
Based on the information provided, the worst-case scenario could be:
- Your husband passes without a will or with a will favoring his son, leading to potential legal disputes over the house.
- You may be forced to vacate the house if the son asserts his ownership rights.
- If the house is sold, you may not receive an equitable share of the proceeds.
It's crucial to discuss these issues openly with your husband and consider professional legal advice.
Would it make a difference on how long we were married. My husband doesn't talk about death. So I talked to the oncologist nurse (who is also an M.D.) and asked her to tell him he's not going to die next month. They found the cancer from another test and it's very early with no symptoms. But if the cancer has spread they call it a stage IV. She laughed and said no, he's not going to die anytime soon. We can keep him alive for many more years. He probably won't ever be "cured" but we can keep it in remission for a long time. Hopefully that means years. Would the laws change after being married 2 years, 3 years, * or even 10 years?
In Arkansas, the length of marriage doesn't typically affect your rights as a surviving spouse. You'd be entitled to a life estate in one-third of your husband's real property regardless. Always consult with an attorney for personalized advice.
Can you tell me what */* of real property means?
In legal terms, "*/* of real property" means that you would have a life estate in one-third of your husband's real property. This means you have the right to use, occupy, and benefit from one-third of the property during your lifetime. After your death, that portion would revert to his heirs.
That seems fair. What is the worse thing the one son could do? I need to prepare.
The worst-case scenario may involve:
- The son challenging your life estate in court.
- The son trying to sell the property, which could limit your use of it.
- Potential harassment or eviction attempts.
You should consult a lawyer to prepare for these possibilities.
Hey, thank you. You've been a real help. Can you recommend the best lawyer for this type case that has a practice in Fayetteville Arkansas or surrounding area? Could he try to sell the house without the other siblings? I'm looking so forward to see what this one son does. The others are all great and would help me. But this one has never worked more than a few months anywhere, has no credit, and is ready for his free place to live. He's even put all of his belongings in a storage building close by.
I'm sorry, but as FreeLawChat, I can't recommend specific lawyers. However, I suggest contacting the Arkansas Bar Association for a referral. The son can't sell the house without consent from all siblings if they have an interest in the property. Please consult a lawyer for more personalized advice.
Thank you for your help and wish me luck. I hope my husband outlives us all. That would be perfect!
You're welcome, ****! I wish you all the best and hope everything goes well for you and your husband. If you have any other legal questions in the future, don't hesitate to ask. Good luck!
One more question. If he challenged me in court would I have to leave until it was settled?
No, you wouldn't typically have to leave the house while the matter is pending in court. However, circumstances may vary, so it's best to consult a lawyer for personalized advice.
I will. Thank you.
You're welcome, ****! I'm glad I could provide some helpful information. Remember, it's important to consult with a legal professional regarding your situation for the most accurate advice. Feel free to return if you have more questions in the future. Best of luck!