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20-48-417. Property and personal effects of residents.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-48-417. Property and personal effects of residents.
(a)(1) Within thirty (30) days after the death of a resident, a human development center shall provide an accounting and distribute all funds held in trust and all other property to:
(A) The resident's personal representative, if a personal representative has been appointed by a court at the time that the human development center disburses the funds and distributes any other property;
(B) If a personal representative has not been appointed by a court, the resident's spouse; or
(C) If the resident did not have a spouse and a personal representative has not been appointed by the court, the beneficiary named in the beneficiary designation form provided to the human development center by the resident.
(2) A licensee, owner, administrator, or representative of a human development center shall not be named as a beneficiary on a beneficiary designation form.
(3) The resident, or the resident's court-appointed guardian, shall complete the beneficiary designation form at the time of admission to a human development center in the presence of two (2) witnesses who shall sign the form.
(b)(1) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, the funds held in trust shall be placed in an account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, within the same county as the human development center.
(2) The funds shall not be represented as part of the assets of the human development center on a financial statement.
(3) The human development center shall maintain:
(A) One (1) account for each resident in which are placed all funds held in trust for that resident;
(B)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-48-417
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-48-417
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9dea4f8a5efd496e87e81d594e3fdd2cd3786bce9ab283c536d1abee4bc4b03f
Source location: content.xml paragraph 28670
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20-48-417. Property and personal effects of residents.
(a)(1) Within thirty (30) days after the death of a resident, a human development center shall provide an accounting and distribute all funds held in trust and all other property to:
(A) The resident's personal representative, if a personal representative has been appointed by a court at the time that the human development center disburses the funds and distributes any other property;
(B) If a personal representative has not been appointed by a court, the resident's spouse; or
(C) If the resident did not have a spouse and a personal representative has not been appointed by the court, the beneficiary named in the beneficiary designation form provided to the human development center by the resident.
(2) A licensee, owner, administrator, or representative of a human development center shall not be named as a beneficiary on a beneficiary designation form.
(3) The resident, or the resident's court-appointed guardian, shall complete the beneficiary designation form at the time of admission to a human development center in the presence of two (2) witnesses who shall sign the form.
(b)(1) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, the funds held in trust shall be placed in an account in a bank, savings and loan association, trust company, or credit union located in this state and, if possible, within the same county as the human development center.
(2) The funds shall not be represented as part of the assets of the human development center on a financial statement.
(3) The human development center shall maintain:
(A) One (1) account for each resident in which are placed all funds held in trust for that resident;
(B) Adequate records to permit compilation of the amount due to each deceased resident's account; and
(C) The resident's account until the funds are disbursed under the probate law, § 28-1-101 et seq.
(c) If the resident does not have a court-appointed personal representative or a spouse or if the named beneficiary cannot be located, all other property held shall be disbursed to the closest relatives of the resident as determined under § 28-9-214.
(d)(1) If any intangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Auditor of State in accordance with the Unclaimed Property Act, § 18-28-201 et seq.
(2) If any tangible property is not disbursed under this section within one (1) year after the property becomes distributable, the human development center shall escheat the property to the Division of Developmental Disabilities Services.
(e) The funds and all other property of the deceased resident shall be kept separate from the funds and other property of:
(1) The human development center; and
(2) Other residents of the human development center.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-28-201. Definitions.
In this subchapter:
(1) “Administrator” means the Auditor of State.
(2) “Apparent owner” means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder.
(3) “Business association” means a corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one (1) or more persons, whether or not for profit.
(4) “Domicile” means the state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation.
(5) “Financial organization” means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union.
(6) “Holder” means a person obligated to hold for the account of, or deliver or pay to, the owner property that is subject to this subchapter.
(7) “Insurance company” means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers' compensation insurance.
(8) “Mineral” means gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fission
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-28-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-28-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-1-101. Title.
This act may be cited as the “Probate Code”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-1-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-1-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-9-214. Tables of descents.
The heritable estate of an intestate as defined in § 28-9-206 shall pass as follows upon the intestate's death:
(1) First, to the children of the intestate and the descendants of each child of the intestate who may have predeceased the intestate. The children and descendants will take per capita or per stirpes according to §§ 28-9-204 and 28-9-205;
(2) Second, if the intestate is survived by no descendant, to the intestate's surviving spouse unless the intestate and the surviving spouse had been continuously married less than three (3) years next preceding the death of the intestate, in which event the surviving spouse will take merely fifty percent (50%) of the intestate's heritable estate;
(3) Third, if the intestate is survived by no descendant or spouse, to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living;
(4) Fourth, if the intestate is survived by no descendant but is survived by a spouse to whom the intestate has been continuously married less than three (3) years next preceding the death of the intestate, the entire portion of his or her heritable estate which does not pass to the surviving spouse under subdivision (2) of this section shall pass to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living;
(5) Fifth, if the intestate is survived by no descendant or parent, then all of his or her heritable estate which under subdivisions (3) and (4) of this section would have vested in the intestate's surviving parent or parents will pass to the intestate's brothers and sisters and the descendants of any brothers and sisters of the intestate who may have predeceased the intestate, suc
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-9-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-9-214. This identifies an authority to review, not proof of applicability.