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AR HB2036

Bill

Status

Prefiled

N/A

Primary Sponsor

John Vines

Click for details

Origin

House of Representatives

88th General Assembly (2011 Regular)

AI Summary

  • Amends Arkansas Code § 28-39-407 to allow testators to include a statement in their will regarding pretermitted heirs (children born or adopted after the will was made, or children omitted from the will)

  • Permits testators to declare in their will that they have no knowledge of any pretermitted heirs and limit recovery to a minimal share if such heirs come forward after the testator's death

  • Requires the probate court to determine what constitutes a "minimal" share for any pretermitted heir who claims under the will

  • Specifies that if a testator includes the required statement and a lawful pretermitted heir comes forward, any minimal share specified in the will negates all other claims the pretermitted heir might otherwise be entitled to

  • Updates statutory language to modernize terminology (e.g., changing "shall have" to "has," "shall die" to "dies," "shall omit" to "omits")

Legislative Description

To Allow A Person The Ability To Provide A Statement In His Or Her Will Regarding Pretermitted Heirs.

Last Action

House Recommended for study in the Interim by Joint Interim Committee on JUDICIARY COMMITTEE- HOUSE

4/1/2011

Committee Referrals

Judiciary3/7/2011

Full Bill Text

No bill text available