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AK SB60

Bill

Status

Passed

7/9/2010

Primary Sponsor

Lesil McGuire

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Origin

Senate

26th Legislature

AI Summary

  • Expands representation provisions in probate proceedings to allow designated trust representatives to bind beneficiaries and receive notices, with restrictions on conflicts of interest and dual roles as trustee.

  • Creates pre-death procedures allowing testators to petition courts to validate wills before death and allowing settlors to petition courts to validate trusts, with court declarations binding all interested parties including future beneficiaries.

  • Modifies augmented estate calculations for surviving spouses' elective share rights by excluding property transferred to irrevocable trusts with transfer restrictions if the settlor is a discretionary beneficiary and transfer was made more than 30 days before marriage or with spousal consent.

  • Authorizes both estate and trust fiduciaries to treat discretionary distributions to beneficiaries as capital gains distributions for accounting purposes.

  • Amends venue rules to allow probate proceedings in any judicial district where a non-domiciled decedent's property was located or where a fiduciary subject to state law resides.

Legislative Description

Uniform Probate Code; Trusts, Wills

Death

Last Action

EFFECTIVE DATE(S) OF LAW 9/7/10

7/9/2010

Committee Referrals

Judiciary3/17/2010
Labor & Commerce1/21/2009

Full Bill Text

No bill text available