Ar Living Trust

Is Arkansas a community property state? Arkansas is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.Factors such as one spouse's economic misconduct may also be considered.

Marital property includes most assets and debts a couple acquires during marriage. Property is separate if a spouse owned it before marriage or acquired it during marriage by gift or inheritance.

In Arkansas, whether or not you have a will when you die, your spouse will inherit property from you under a doctrine called dower and curtesy. Briefly, this is how it works: If you have children or other descendants. Your spouse has the right to use, for life, 1/3 of your real estate.

California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).

Dying Without a Will in ArkansasIf there isn't a will, the court will appoint someone, usually an adult child or surviving spouse, to be the executor or personal representative. The executor or personal representative takes care of the estate of the decedent.

Arkansas is one state that still uses the principles of dower and curtesy. In this state, the amount of dower or curtesy is one-third of a life estate in any real property. The surviving spouse is entitled to one-third of the income generated from any real property during his or her life.

Ohio, Arkansas and Kentucky are the only states that retain dower rights. Dower rights generally kick in after someone has died. A dower rights law entitles a surviving spouse to at least one-third of a deceased spouse's real property when they die.

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a dowry) refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim.