Supreme Court of Arkansas
Mary D. Fitton, as Trustee of the Mary D. Fitton Revocable Trust v. Bank of Little Rock
June 3, 20102010 Ark. LEXIS 334
Summary
The court held that a married person may claim a homestead exemption in property titled to a revocable trust when the person formed the trust, serves as its trustee and beneficiary, and uses the property as a principal residence. It also held that transferring the property to the trust did not establish abandonment of the homestead because the person continued to occupy the property and the evidence did not show an intent to abandon it. The foreclosure decree was reversed and remanded.