The Practical Lawyer
June 27 - July 3, 2016
The myth of the long, lost relative
By Ethan C. Nobles
A major plot component in a number of films involves a wealthy person dying and his fortune going to a long, lost relative that no one had heard of until the time came to distribute estate assets.
The problem with that scenario, of course, is that it rarely happens. Usually, people identify their heirs specifically in a will or trust and no one is surprised when property is distributed. The motion of a mystery heir showing up and making a claim is almost unheard of in Arkansas.
But of course, there are exceptions to every rule. Typically, that long lost relative will show up when someone has died without a will and whoever represents the estate will make a search for any heirs.
If enough rocks are kicked over, the estate might find evidence suggesting the decedent had an heir tucked away out there. Fortunately, Arkansas law has some protocols that must be followed if that mystery heir is to receive anything from the estate.
Under A.C.A. §28-9-209, we see that things are pretty clear when it comes to legitimate children and their heirs – those people are pretty well eligible to take their allotted share from an estate under Arkansas law. Proving legitimacy is critical, particularly when dealing with the estate of someone who has died without a will or trust – Arkansas law sets out who gets what and how much, and legitimate heirs are in good shape when courts make those determinations.
But what about illegitimate children? Under §28-9-209(d), a legitimate heir must show that paternity has been established or acknowledged and assert a claim against the estate of the father within 180 days.
A very significant development involves the heirs of the father referenced in the statute. Let’s say, for example, that Joe fathered Jane out of wedlock but never told anyone. Five years after the death of Joe, his sister – Mary – dies. The attorney representing Mary’s estate searches for relatives and finds Bill, Mary’s niece and Joe’s son. The attorney also finds Jane. Can Jane make a claim against the estate?
A.C.A. §28-9-209(d) tells us that Jane can only make a claim if she successfully filed a claim against Joe’s estate. If she failed to do that, then she is barred from pursuing a claim against Mary’s estate. In other words, illegitimate children are well advised to pursue claims against their fathers’ estates within 180 days after the death of the parent. Failure to do so results in being barred from ever receiving anything from a paternal heir.
Complicated? It can be and that may be why people are encouraged to at least develop a will and identify all known, immediate relatives and list what they are to receive from the estate.
Ethan C. Nobles is an attorney in Benton focusing on real estate, evictions, contracts, wills, trusts, incorporations, bankruptcy and other areas of law as the mood strikes. You can reach him at Ethan@NoblesLawFirm.com or visit him on the Internet at NoblesLawFirm.com.
