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Alaska Trust Agreement for Funds for Recovery of Judgment for Minor

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Multi-State
Control #:
US-01184BG
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Word; 
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Description

A trust is the legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to that property. The beneficiary is entitled to the performance of certain duties and the exercise of certain powers by the trustee, which performance may be enforced by a court of equity. This form is an example of a trust that is subject to direct court oversight since the initial trust funds resulted from a civil judgment in favor of a minor.

The Alaska Trust Agreement for Funds for Recovery of Judgment for Minor is a legal arrangement designed to protect financial assets awarded to a minor as a result of a judgment. This specialized trust agreement ensures that the funds are managed and allocated in the minor's best interests, while also adhering to Alaska state laws regarding trust administration. This type of trust agreement is particularly pertinent in cases where a minor has obtained a substantial judgment due to personal injury, medical malpractice, or any other legal matter. It ensures that these funds are not dissipated or mismanaged, providing vital long-term support and financial security for the minor. The trust agreement establishes certain provisions to safeguard the funds for the minor's recovery. It typically designates a responsible trustee who acts as the custodian of the assets on behalf of the minor. The trustee oversees the investment and distribution of funds, prioritizing the minor's needs and future expenses. In Alaska, different types of Trust Agreements for Funds for Recovery of Judgment for Minor exist to address varying circumstances. These include: 1. Revocable Living Trust: This type of trust allows for modification or revocation of the trust agreement by the granter (often the minor's parent or legal guardian) during their lifetime. The granter retains control over the trust until their death or incapacitation, at which point the selected trustee assumes responsibility. 2. Irrevocable Trust: In contrast to a revocable living trust, an irrevocable trust cannot be altered or revoked once established. This type of trust offers greater asset protection and ensures that the funds remain intact for the minor's benefit. However, it may restrict the granter's ability to make changes or access the funds. 3. Testamentary Trust: A testamentary trust is created through a will or another legal document, and it only becomes effective upon the death of the granter. This type of trust allows the granter to specify detailed instructions regarding the management and distribution of the funds after their passing. It provides a level of control while ensuring the minor's protection. Overall, the Alaska Trust Agreement for Funds for Recovery of Judgment for Minor is a crucial legal instrument aimed at safeguarding financial assets awarded to minors. It provides peace of mind for both the minor and their parents or guardians, ensuring that the funds are managed responsibly and utilized for the minor's recovery and future needs.

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FAQ

Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

Rule 41 - Bail (a)Admission to Bail. The defendant in a criminal proceeding is entitled to be admitted to bail pursuant to AS 12.30.

Rule 45(b), Alaska Rules of 08 Criminal Procedure, is amended to read: 09 (b) Speedy Trial Time Limits. A defendant charged with a felony, a 10 misdemeanor, or a violation shall be tried within 70 [120] days from the time set forth 11 in paragraph (c) of this rule.

Rule 11 - Pleas (a)Alternatives. A defendant may plead not guilty, guilty or nolo contendere. If a defendant refuses to plead, stands mute, or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

UNDER ADMINISTRATIVE RULE 40(a) or AS 22.35.030 Under Alaska law, court case records are public unless an Alaska statute or court rule requires that they be sealed or made confidential.

More info

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Alaska Trust Agreement for Funds for Recovery of Judgment for Minor