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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9415
Experience:  Since 1983
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My mother in law died tuesday. her will leaves everything to

Customer Question

my mother in law died tuesday. her will leaves everything to son my husband. he died 11/15. will his daughter inherit the house? and too can medicaid arkansas take the house? i planned on moving in with daughter shes 28 and i am 68 and disabled?
Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

Arkansas statute states:

(2) Whenever property is devised to a child, natural or adopted, or other descendant of the testator, either by specific provision or as a member of a class, and the devisee shall die in the lifetime of the testator, leaving a child, natural or adopted, or other descendant who survives the testator, the devise shall not lapse, but the property shall vest in the surviving child or other descendant of the devisee, as if the devisee had survived the testator and died intestate.

Under the statute, yes his daughter will inherit whatever her father would have inherited under the Will of his mother.

I do not have enough facts to know if Medicaid can claim a lien on the house or not, you or the executor of her estate should probably ask Medicaid.

I hope this information is helpful.