Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.60.180 Applicable law.
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(a) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or …
AS 13.60.190 Uniformity of application and construction.
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This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
AS 13.60.900 Definitions.
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In this chapter, (1) “adult” means an individual who is at least 18 years of age; (2) “beneficiary” means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter; (…
AS 13.60.990 Short title.
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This chapter may be cited as the Alaska Uniform Custodial Trust Act.
AS 13.63.010 User direction for disclosure of digital assets.
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(a) A user may use an online tool to direct the custodian to disclose to a designated recipient, or not to disclose, some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at…
AS 13.63.020 Terms-of-service agreement.
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(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the …
AS 13.63.030 Procedures for disclosing digital assets.
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(a) When disclosing digital assets of a user under this chapter, the custodian may, in its sole discretion, (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficie…
AS 13.63.040 Disclosure of content of electronic communications of deceased user.
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If a deceased user consented or a superior court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the u…
AS 13.63.050 Disclosure of other digital assets of deceased user.
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Unless the user prohibited disclosure of digital assets or the superior court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, othe…
AS 13.63.060 Disclosure of content of electronic communications of principal.
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To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the superior court, a custodian shall disclose to the agent the content if the a…
AS 13.63.070 Disclosure of other digital assets of principal.
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Unless otherwise ordered by the superior court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communica…
AS 13.63.080 Disclosure of digital assets held in trust when trustee is original user.
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Unless otherwise ordered by the superior court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of…
AS 13.63.090 Disclosure of contents of electronic communications held in trust when trustee not original user.
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Unless otherwise ordered by the superior court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carrie…
AS 13.63.100 Disclosure of other digital assets held in trust when trustee not original user.
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Unless otherwise ordered by the superior court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, ca…
AS 13.63.110 Disclosure of digital assets to conservator of protected person.
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(a) After an opportunity for a hearing under AS 13.26.401 — 13.26.595, the superior court may grant a conservator access to the digital assets of a protected person except that, if the conservator is a guardian with the powers and duties of a conservator under AS 13.26.316(c), th…
AS 13.63.120 Fiduciary duty and authority.
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(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary's or designated recipient's authority with …
AS 13.63.130 Custodian compliance and immunity.
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(a) Not later than 60 days after receipt of the information required under AS 13.63.040 — 13.63.120, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to c…
AS 13.63.140 Uniformity of application and construction.
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In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
AS 13.63.150 Relation to Electronic Signatures in Global and National Commerce Act.
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This chapter modifies, limits, or supersedes 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
AS 13.63.160 Digital assets coverage.
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In this chapter, a digital asset does not apply to an underlying asset or liability unless the asset or liability is itself an electronic record. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
AS 13.63.170 Application to custodians.
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This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
AS 13.63.190 Definitions.
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In this chapter, (1) “account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; (2) “agent” means an attorney-in-fact granted auth…
AS 13.63.195 Short title.
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This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act.
AS 13.65.010 Standard of conduct in managing and investing institutional funds.
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(a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund. (b) In addition to complying with the duty o…
AS 13.65.020 Appropriation for expenditure or accumulation of endowment fund; rules of construction.
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(a) Subject to the intent of a donor expressed in a gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is e…
AS 13.65.030 Delegation of management and investment functions.
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(a) Subject to a specific limitation set out in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circum…
AS 13.65.040 Release or modification of restrictions on management, investment, or purpose.
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(a) With the donor's consent in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a pu…
AS 13.65.050 Reviewing compliance.
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Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or an action is taken.
AS 13.65.060 Relation to Electronic Signatures in Global and National Commerce Act.
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This chapter modifies, limits, and supersedes 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of a notice described in 15 U.S.C. 7003(b).
AS 13.65.070 Application.
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If another provision of law or of a governing instrument of an institution applies to an institutional fund but conflicts with this chapter, the other provision governs.
AS 13.65.080 Uniformity of application and construction.
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In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
AS 13.65.090 Definitions.
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In this chapter, (1) “charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or another purpose the achievement of which is beneficial to the community; (2) “endowment fund” mean…
AS 13.65.095 Short title.
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This chapter may be cited as the Uniform Prudent Management of Institutional Funds Act.
AS 13.70.010 Scope.
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This chapter applies to disclaimers of any interest in or power over property, whenever created.
AS 13.70.020 Supplemented by other law.
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(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. (b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.…
AS 13.70.030 Power to disclaim; general requirements; when irrevocable.
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(a) A person may disclaim, in whole or part, conditionally or unconditionally, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on trans…
AS 13.70.040 Disclaimer of interest in property.
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(a) Except for a disclaimer governed by AS 13.70.050 — 13.70.065, the following rules apply to a disclaimer of an interest in property: (1) the disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law …
AS 13.70.050 Disclaimer of rights of survivorship in jointly held property.
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(a) On the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of (1) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to…
AS 13.70.060 Disclaimer of interest in property held as a tenancy by the entirety.
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(a) The survivorship interest in property that is held as a tenancy by the entirety and to which the survivor succeeds by operation of law on the death of the cotenant may be disclaimed as provided in this chapter. For the purposes of this chapter only, the deceased tenant's inte…
AS 13.70.065 Disclaimer of interest by trustee.
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If a trustee who has the power to disclaim under a court order or under the instrument creating the fiduciary relationship disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
AS 13.70.070 Disclaimer of power of appointment or other power not held in fiduciary capacity.
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If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) if the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable; (2) if the hol…
AS 13.70.080 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.
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(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (b) A disclaimer of an interest in property by an object or taker in default of an exercis…
AS 13.70.090 Disclaimer of power held in fiduciary capacity.
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(a) If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity that has been exercis…
AS 13.70.100 Delivery or filing.
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(a) Subject to (b) — (l) of this section, delivery of a disclaimer may be effected by personal delivery, first class mail, or any other method likely to result in its receipt. A disclaimer sent by first class mail is considered to have been delivered on the date it is postmarked.…
AS 13.70.110 When disclaimer permitted, barred, or limited.
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(a) A disclaimer is permitted unless barred under (b) — (f) of this section. A disclaimer is permitted even though the disclaimant is insolvent. (b) A disclaimer is barred by a written waiver of the right to disclaim. (c) A disclaimer of an interest in property is barred if any o…
AS 13.70.120 Tax-qualified disclaimer.
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(a) Notwithstanding any other provision of this chapter, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated under the provisions of 26 U.S.C. (Internal Revenue Code) as never having been transferred to the disclaimant, then the disclaim…
AS 13.70.130 Recording of disclaimer.
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If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered as required or permitted by law. Except as otherwise provided in …
AS 13.70.140 Application to existing relationships.
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Except as otherwise provided in AS 13.70.110, an interest in or power over property existing on September 7, 2010 as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after September 7, 2010.
AS 13.70.150 Uniformity of application and construction.
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In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
AS 13.70.190 Definitions.
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In this chapter, (1) “disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made; (2) “disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made; (3) “disclaimer”…