Arkansas Agreement Between Widow and Heirs as to Division of Estate

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State:
Multi-State
Control #:
US-01110BG
Format:
Word; 
Rich Text
Instant download

Description

Agreements among family members for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Spouses in Arkansas Inheritance Law Whether or not you have a will when you die, your spouse will inherit your property through a doctrine known as ?dower and curtesy.? If you have no children or descendants, your spouse automatically inherits half of your real estate and half of your personal property.

This is often called ?taking against the will.? The law also protects surviving spouses from being left out, as long as they were married at least one year. A guardian is someone you want to appoint to take care of your child. If the other parent is able, they have priority in custody considerations.

While many people assume surviving spouses automatically inherit everything, this is not the case in California. If your deceased spouse dies with a will, their share of community property and their separate property will be distributed ing to the terms of that will, with some exceptions.

In Arkansas, a spouse is entitled to receive 1/3 of the estate subject to probate, or 1/2 if the decedent had no children (however, only 1/3 of the estate is protected against creditors). See A.C.A. § 28-11-301 et seq for details.

The Heir Property Act balances the rights of family members who want to retain their land with the rights of family members who want to sell. This became Arkansas law in February of 2015 and took effect January 1, 2016.

The Spouse's Share in Arkansas. 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.

If you don't have a Will, the default order of descent goes like this: (1) full blood and adopted children of the decedent, subject to any dower, curtesy, and homestead interest of a spouse; (2) if no full blood or adopted children, then everything to a spouse of greater than three years or half of everything plus ...

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Arkansas Agreement Between Widow and Heirs as to Division of Estate