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AK HB144
Bill
Status
2/23/2009
Primary Sponsor
Jay Ramras
Click for details
AI Summary
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Amends AS 13.06.120 to add new subsection (2)(G) allowing a trust instrument to designate a person to represent and bind beneficiaries, with restrictions on who can serve as representative (e.g., cannot serve as trustee simultaneously, must meet relationship requirements if also a beneficiary).
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Creates new Article 5A (AS 13.12.530-13.12.590) establishing procedures for testators, personal representatives, or interested parties to petition courts to validate wills and trusts before death, subject to confidentiality protections on court records.
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Modifies augmented estate calculations under AS 13.12.205 to exclude property transferred to irrevocable trusts with transfer restrictions if the settlor is a discretionary beneficiary and the transfer was made more than 30 days before marriage or with spouse consent.
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Expands venue provisions in AS 13.16.055(a) to allow testacy or appointment proceedings in any judicial district where a decedent's property was located or where a fiduciary subject to Alaska law resides or maintains principal place of business.
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Adds provisions to AS 13.16.410 and 13.36.109 allowing discretionary distributions to beneficiaries to be treated as distributions from capital gains realized during the year.
Legislative Description
Uniform Probate Code; Trusts, Wills
Death
Last Action
REFERRED TO RULES
2/3/2010