Location: San Antonio, TX
Hi all,
I’m hoping someone can help me figure out what to do. My mother recently passed away in Garland County, Arkansas. I live in Texas, and I’m on a limited income due to a recent spine surgery.
After her death, my sister – who I had been in close contact with regarding our mothers care – completely shut me out. I literally found out she had passed via text message. We are our mom’s only two children. My sister is now saying that she took our mom to file a new will, and that my mom was allegedly “tested” and declared of sound mind and body. She claims this supposed new will leaves everything to her and excludes me entirely.
I had also been in contact with my mom, up until she was hospitalized for a broken hip 3 weeks before she passed. Me and my family had visited numerous times, and each time she told us individually what she wanted us to have when she was gone. (This was before my drug addict sister showed up at my moms after not speaking to her for 6 years.)
Here’s the issue:
My mom had advanced dementia/Alzheimer’s and was absolutely not of sound mind at the time this alleged will was created. She was not capable of making legal or financial decisions. My sister refuses to show me the will, and I’m starting to wonder if it even exists—or if she made it up to claim everything.
There’s no big estate, but there are personal belongings, household items, and my mother’s ashes, all of which are being kept from me. I’ve also asked for a copy of the death certificate and been ignored. I just want the truth, and to ensure my mother’s memory and dignity are honored.
My Questions:
-
How can I find out if a will was actually filed in Garland County, Arkansas?
-
If no will was filed, what are the rules for distributing personal property between children when no estate was formally opened?
-
Is there a legal aid organization or state resource in Arkansas that could help me from Texas?
-
If my sister forged, concealed, or lied about a will, what actions can I take—especially with no money for a private attorney?
I’m grieving and trying to navigate this mess with no support from my sister. I don’t want a fight—I just want the truth, fairness, and the chance to honor my mom properly. If anyone has experience with Arkansas probate or resources for out-of-state family members, I’d be really grateful.
Comments
Could potentially be undue influence. You’d have to call a lawyer in the state where she passed. Most will give you a free consultation and let you know what they think.
I’m sorry for your loss.
A will is not “filed” anywhere except possibly in the attorney’s literal file cabinet until the testator dies, so that’s a fishy statement right off the bat.
If a will was submitted for probate after her death, it would be in the county where she lived, so you should be able to call the county probate court and find out. The clerk’s office should be able to confirm yes or no, or what the backlog might be if it was submitted but isn’t showing up in the records yet.
If she did not have a will, then there is a law of “intestate succession” that dictates how the estate is administered and the proceeds divided (debts must be paid first). In Arkansas, the proceeds are divided equally among the decedent’s children, and if there are no children, it would go to a surviving spouse. There is a whole line of “if there is no, then next” but they obviously don’t apply here.
Here is the contact for Arkansas legal aid. They may be able to help you, since the estate is local to them. Or they may help you find another resource. https://arlegalaid.org/
I hope things turn out well for you.
>There’s no big estate, but there are personal belongings, household items, and my mother’s ashes
Unfortunately, this means that the legal system isn’t really going to be interested in what happens here. There’s really no reason to open probate or file a will unless there’s money to deal with.
Unless you’re willing spend a lot of money on an attorney to fight this, your best course of action might be just to offer your sister some cash for the things you want.