How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Elder Your Own Question
John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
Type Your Estate Law Question Here...
John Elder is online now
A new question is answered every 9 seconds

My dad just recently passed away. I obtained a will from US

This answer was rated:

My dad just recently passed away. I obtained a will from US Legal in March and he changed his will, had it notarized and recorded at the courthouse. The will that his wife of 4 years has in her possession was signed by him and notarized but never recorded at the county courthouse. She says she wants to go by the will she has, but I don't think its legal. He was in the process of divorcing her before he died.
Welcome! Thank you for your question.

The most recent will, so long as it meets the requirement for a will under Arkansas law, is the valid will. Generally a subsequent will first states that it revokes all prior wills, this would revoke the will that the wife has.

He cannot fully disinherit his spouse. If his most recent will leaves his spouse less than 1/3 of his estate then she can make a claim for at least 1/3 of his estate.

As for his house, the deed would not pass under the will but was fully owned by the spouse at the time of the quit claim deed. Since the mortgage was in his name alone it is a debt that must be paid by the estate. If the estate does not have sufficient assets to pay the mortgage then the spouse must take over the mortgage to keep the mortgage company from foreclosing on the house.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."

Thank you,


John Elder and other Estate Law Specialists are ready to help you