Arkansas Renunciation and Disclaimer of Joint Tenant or Tenancy Interest - Arkansas 2025

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  1. Click ‘Get Form’ to open the Arkansas Renunciation and Disclaimer of Joint Tenant or Tenancy Interest in the editor.
  2. In Section I, enter your name as the surviving joint tenant who is disclaiming interest. This section confirms your right to renounce any property interests due to the death of the decedent.
  3. Proceed to Section II and fill in the name of the decedent along with their date of death. This establishes the context for your disclaimer.
  4. In Section III, ensure you note that this disclaimer must be filed within nine months after the decedent's death, which is a legal requirement.
  5. Section IV requires you to specify the property in question. Clearly list all relevant properties associated with the joint tenancy.
  6. Review Section V where you formally renounce any rights to the property as per Arkansas law. Ensure all details are accurate before proceeding.
  7. Complete Sections VI and VII by confirming that this disclaimer relates back to the date of death and sign where indicated. Don’t forget to include your printed name and date.

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Arkansas is a common law state, which means that a joint tenancy with right of survivorship is a common form of joint ownership. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities.
Thus, a surviving joint tenant may disclaim the one-half survivorship interest in property that the joint tenant held either in joint tenancy with right of survivorship or in tenancy by the entirety, within 9 months of the death of the first joint tenant to die.
What does Disclaimer mean? The right of a trustee in bankruptcy, Liquidator or the Crown to disclaim onerous property (often a leasehold interest). The effect is to bring any ongoing liabilities (of the bankrupt, company or the Crown) in relation to the property to an end.
You need not disclaim the entirety of a bequest. You may disclaim just a percentage, or one or more specific items. For example, if a parent has left you a brokerage account, and a home in need of expensive repairs, you may decide you want the brokerage account, but not the home.
At the time the disclaimer needs to be executed, the surviving spouse will also know the exact value of the couples assets. The surviving spouse may serve as sole trustee of this trust and may have certain powers to distribute assets even though the surviving spouse is a beneficiary.
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Normally when property is purchased jointly there is a survivorship clause, meaning that on the death of one of the joint owners, their share in the property automatically passes to the survivor(s).

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