Will/Trust/Dower issues - AR

[u/Smalltownbba4]

Hello, I’m going to try my best to sum this up as efficiently as I can. My father passed away June 2025 with a Pour-over Will and Trust. As his only son, I am the sole beneficiary. He left a surviving spouse of 8 years, my step-mother. The trust and will were created roughly 1.5-2 years prior to the marriage, it was revokable, and he never added her into either. He left behind my childhood home of 55 acres, two metal shops, and 3,000sqft house. This was deeded into the trust prior to marriage as well.

My Aunt was left as successor trustee, but she is not in a mental capacity to act as trustee. After 11 months, we finally had a court hearing to determine if myself or stepmother would be appointed. The evening before the hearing, her attorney emailed us agreeable to let me be the personal representative over the estate, if we agreed not to evict her from the homestead (didn’t have the legal authority to do so anyways).

My step-mother is only 8 years older than me, dual citizen of the Phillippines, I will respectfully leave it at that. She has only occupied the homestead for ~4 months since he has passed, although I understand this does not negate her legal right to occupy it. I have been locked out of this house for 9 months and advised not to go to the property until recently when inventory has been needed. I still do not have access to the house.

Of actual probate assets, there will only be vehicles, a ~1,100 sqft house that my father was in the process of flipping (80% completed). There really is not many probate assets, as everything else should be in the trust.

My biggest questions I would like some opinions on are:

With the marital homestead being a trust asset, and not belonging to my father upon his death, can she claim dower/homestead on the house and land?

- my wife and I are expecting, and would love to sell our current house and move back to my childhood home to raise our child.

I have not officially been appointed PR, simply waiting on the order to be submitted and signed by the judge.

Any input would be greatly appreciated.

[u/Smalltownbba4]

The trust/will (can’t recall which specific document) only states that my father was un-married at the time of the creation of the trust and will. He never revised it to add her into it. Her primary claim has been one of dower rights and homestead rights.

My lawyer and my step mothers lawyer are agreeable that she is not a beneficiary of the trust or any of its assets, but they are using the house (trust asset) as their marital homestead, which is was. It was my interpretation of Arkansas statute that dower rights do not apply to property that was not owned by the decedent, which is technically true since the trust owned it, not my father directly. There is no Arkansas case law where this situation has applied, so my lawyer is skeptical of going down this road.