Alaska Agreement Between Widow and Heirs as to Division of Estate

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State:
Multi-State
Control #:
US-01110BG
Format:
Word; 
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Instant download

Description

Agreements among family members for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Surviving spouses and children are first to qualify as direct heirs-at-law in California's Intestate Succession which orders the priority of heirs on how closely they are related to the decedent. Grand children would qualify as direct heirs only if their parents are deceased.

The surviving spouse receives the Homestead Allowance, Family Allowance and Exempt Property in addition to the elective share. A surviving spouse may also be entitled to an additional $50,000 in certain situations. Calculating the exact amount of the elective share is very complicated.

Under Alaska law, in order for a next of kin intestate heir to inherit under intestate succession, they must survive the decedent by 120 hours. If a next of kin heir does not survive the decedent by 120 hours, they are considered to have predeceased the decedent for purposes of intestate succession.

In fact, many estates can be settled without any court involvement at all. Estates valued at less than $50,000, plus $100,000 worth of motor vehicles, can often avoid the probate process in court, provided the estate contains no real property (land or a home).

Alaska does not collect an estate tax or an inheritance tax. However, you'll still need to grapple with the federal estate tax if your estate is over a certain size. In addition, if you are inheriting property from another state, that state may have an estate tax that applies.

Surviving Spouse and Children Only surviving spouse: If the deceased had no surviving children, their surviving spouse receives the entirety of the estate's value. Only surviving children: If there is no surviving spouse, then any surviving children will receive the entirety of the estate's value.

If you have no living parents or descendants, your spouse will inherit all of your intestate property. If you have living parents but no descendants, your spouse will inherit the first $200,000 of your intestate property. They will also inherit 3/4 of any remaining intestate property.

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Alaska Agreement Between Widow and Heirs as to Division of Estate