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Home » US Law » 2022 Alaska Statutes » Title 34. Property » Chapter 40. Fraudulent Transfers, Revocations, and Trusts

Sec. 34.40.010. Invalidity generally.

Except as provided in AS 34.40.110, a conveyance or assignment, in writing or otherwise, of an estate or interest in land, or in goods, or things in action, or of rents or profits issuing from them or a charge upon land, goods, or things in action, or upon the rents or profits from them, made […]

Sec. 34.40.020. Invalidity as against purchasers.

A conveyance of an interest in land, or the rents or profits of it, or a charge upon land or upon the rents and profits thereof, that is made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the land, rents, or profits, as against these purchasers, is […]

Sec. 34.40.030. Purchasers with notice.

A conveyance or charge is not considered fraudulent in favor of a subsequent purchaser who has actual or legal notice of it at the time of the purchase, unless it appears that the grantee in the conveyance, or person to be benefited by the charge, was privy to the fraud intended.

Sec. 34.40.050. Conveyance in exercise of power to revoke and reconvey.

Where a power to revoke a conveyance of land, or the rents and profits from it, and to reconvey the land or the rents and profits is given to a person other than the grantor in the conveyance, and the person subsequently conveys the land, rents, or profits to a purchaser for a valuable consideration, […]

Sec. 34.40.100. When title of purchaser for value not affected.

The provisions of AS 34.40.010 and 34.40.070 – 34.40.130 may not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration unless it appears that the purchaser had previous notice of the fraudulent intent of the purchaser’s immediate grantor, or of the fraud rendering void the title […]

Sec. 34.40.110. Restricting transfers of trust interests.

(a) A person who in writing transfers property in trust may provide that the interest of a beneficiary of the trust, including a beneficiary who is the settlor of the trust, may not be either voluntarily or involuntarily transferred before payment or delivery of the interest to the beneficiary by the trustee. Payment or delivery […]

Sec. 34.40.113. Discretionary interests in irrevocable trusts.

(a) This section applies to a creditor’s claim with respect to a discretionary interest in an irrevocable trust unless the trust instrument provides otherwise. (b) A discretionary interest in an irrevocable trust is not a property interest or an enforceable right. It is an expectancy that a creditor of a beneficiary may not attach or […]

Sec. 34.40.118. Transfers of individual retirement accounts.

(a) Notwithstanding a provision in AS 09.38.017(d), AS 34.40.110, or another law to the contrary, a person may voluntarily transfer or assign the person’s interest in an individual retirement account if the person (1) is the owner of or a participant in the individual retirement account; or (2) acquired the interest as a result of […]

Sec. 34.40.120. “Land” and “estate and interest in land” defined.

The term “land” as used in this chapter shall be construed as coextensive in meaning with “lands, tenements, and hereditaments,” and the term “estate and interest in land” shall be construed to embrace every interest, freehold, and chattel, legal and equitable, present and future, vested and contingent in land as defined in this section.

Sec. 34.40.130. “Conveyance” defined.

The term “conveyance,” as used in this chapter, shall be construed to embrace every instrument in writing except a last will and testament, of whatever form and by whatever name it may be known in law, by which an estate or interest in land is created, aliened, assigned, or surrendered.