Arkansas Renunciation of Legacy by Child of Testator

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Description

The term legacy has different meanings, but in a legal sense, it is used to refer to a bequest in a will. Technically, legacy does not include real property (which is a devise), so legacy usually refers to a gift of personal property or money to a beneficiary (legatee) of a will.

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FAQ

If 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.

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.

A disclaimer refers to: The refusal to take responsibility for someone else's claim, such as a refusal by an insurance company to grant coverage under an insurance policy; The refusal or renunciation by someone of their right to a property.

A disclaimer is a qualified disclaimer only if it is in writing.

A disclaimer trust is an estate planning technique in which a married couple incorporates an irrevocable trust in their planning, which is funded only if the surviving spouse chooses to ?disclaim,? or refuse to accept, the outright distribution of certain assets following the deceased spouse's death.

In general, a disclaimer will typically serve to relieve a party to a contract or within a legally valid relationship from liability in situations that involve uncertainty or risk. For instance, a warning label or a sign is one standard form of a disclaimer that you may have seen when purchasing a product.

Under Internal Revenue Service (IRS) rules, to refuse an inheritance, you must execute a written disclaimer that clearly expresses your "irrevocable and unqualified" intent to refuse the bequest.

Lastly, ing to the law, after you finalize a disclaimer, you cannot reverse it.

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Arkansas Renunciation of Legacy by Child of Testator