Arkansas § 28-77-413 Marital deduction property not productive of income

Arkansas Statutes

§ 28-77-413 — Marital deduction property not productive of income

Arkansas § 28-77-413

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This text of Arkansas § 28-77-413 (Marital deduction property not productive of income) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 28-77-413 (2026).

Text

(a)If a trust received property for which a gift or estate tax marital deduction was allowed and the settlor's spouse holds a mandatory income interest in the trust, the spouse may require the trustee, to the extent the trust assets otherwise do not provide the spouse with sufficient income from or use of the trust assets to qualify for the deduction, to:

(1)make property productive of income;

(2)convert property to property productive of income within a reasonable time; or (3) exercise the power to adjust under § 28-77-203 .

(b)The trustee may decide which action or combination of actions in subsection (a) to take.

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(a) If a trust received property for which a gift or estate tax marital deduction was allowed and the settlor's spouse holds a mandatory income interest in the trust, the spouse may require the trustee, to the extent the trust assets otherwise do not provide the spouse with sufficient income from or use of the trust assets to qualify for the deduction, to: (1) make property productive of income; (2) convert property to property productive of income within a reasonable time; or (3) exercise the power to adjust under § 28-77-203 . (b) The trustee may decide which action or combination of actions in subsection (a) to take.