Sec. 13.75.030. Form of disposition document.
A disposition document must be in substantially the following form: DISPOSITION DOCUMENTYou can select Part 1, Part 2, or both, by completing the part(s) you select, including providing any signatures indicated. Part 3 contains general statements and a place for your signature. You must sign in front of a notary.PART 1. APPOINTMENT OF AGENT TO […]
Sec. 13.75.040. Agent’s appointment.
The person appointed as an agent in a disposition document may sign the disposition document at any time, but the agent’s authority to act is not effective until the agent signs the instrument.
Sec. 13.75.050. Exercise of authority.
If a person fails to exercise the person’s authority to control disposition under AS 13.75.020 within 48 hours after receiving notification of the decedent’s death or within 48 hours after the decedent’s death, whichever is earlier, the person may not control the disposition of the decedent’s remains, and the right to control the disposition of […]
Sec. 13.70.070. Disclaimer of power of appointment or other power not held in fiduciary capacity.
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 holder has exercised the power and the […]
Sec. 13.70.080. Disclaimer by appointee, object, or taker in default of exercise of power of appointment.
(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 exercise of a power of […]
Sec. 13.70.090. Disclaimer of power held in fiduciary capacity.
(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 exercised, the disclaimer takes effect immediately after the […]
Sec. 13.70.100. Delivery or filing.
(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. Delivery by personal delivery […]
Sec. 13.70.110. When disclaimer permitted, barred, or limited.
(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 of the following events occurs […]
Sec. 13.70.120. Tax-qualified disclaimer.
(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 disclaimer or transfer is effective as a disclaimer under this chapter. In […]
Sec. 13.70.130. Recording of disclaimer.
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 13.70.100(f)(2), failure to file, record, or register the […]