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28-53-204. Assets distributed to be representative of appreciation or depreciation of all assets.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-53-204. Assets distributed to be representative of appreciation or depreciation of all assets.

28-53-204. Assets distributed to be representative of appreciation or depreciation of all assets. A provision in a last will and testament or trust instrument that an executor or fiduciary authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust with assets in kind at their federal estate tax values or at any values other than fair market values at date of distribution or allocation shall act fairly or equitably or not arbitrarily in satisfying the bequest or transfer, shall be deemed, in the absence of clear provisions to the contrary, to be a direction to distribute or allocate assets, including cash, fairly representative, on the date of distribution or allocation, of the appreciation or depreciation in the value of all property available for distribution or allocation.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-53-204

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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Record provenance

Stable record: arkansas_code:legal_authorities:28-53-204
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b0140f9e57851abc56e1a52ee0b21b3a72378a7138b2fd7630a337af481ded6c

Source location: content.xml paragraph 7888

Stored source content

28-53-204. Assets distributed to be representative of appreciation or depreciation of all assets. A provision in a last will and testament or trust instrument that an executor or fiduciary authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust with assets in kind at their federal estate tax values or at any values other than fair market values at date of distribution or allocation shall act fairly or equitably or not arbitrarily in satisfying the bequest or transfer, shall be deemed, in the absence of clear provisions to the contrary, to be a direction to distribute or allocate assets, including cash, fairly representative, on the date of distribution or allocation, of the appreciation or depreciation in the value of all property available for distribution or allocation.

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