This Living Trust form is a living trust prepared for your state. It is for a Husband and Wife with no children. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
Arkansas Living Trust for Husband and Wife with No Children
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How to fill out Arkansas Living Trust For Husband And Wife With No Children?
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FAQ
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).
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.
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.
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.
In Arkansas, the probate process is mandatory for any contested estate, if there are creditors (including a mortgage) and for any estate larger than $100,000. If a person provides written grounds for contest to the court, the will goes through the probate process.
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.
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.
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.
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.