The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
Alaska Certification of Waiver by Attorney for Surviving Spouse
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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).
Rule 12. Closing Estates. (a) Duty to Close Estates. When a personal representative has completed administration of the estate, the personal representative either shall petition to close the estate by formal closing under AS 13.16. 620 or AS 13.16. 625 or file a sworn statement under AS 13.16.
The Alaska tax power of attorney (Form 774) is a legal document created by the Department of Revenue for the purposes of enabling taxpayers to assign an appointee (?attorney-in-fact?) to manage their state taxes and represent them in front of the Department.
Assets Subject to the California Probate Court Probate assets include any personal property or real estate that the decedent owned in their name before passing. Nearly any type of asset can be a probate asset, including a home, car, vacation residence, boat, art, furniture, or household goods.
In Alaska, tenancy by the entirety is allowed for real estate only. Community property with right of survivorship. In Alaska, spouses can agree in writing to hold property as community property with the right of survivorship. Property subject to the agreement automatically passes to the survivor when one spouse dies.
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.
If you create a revocable trust, you will need to choose a Trustee and decide how the property will be managed after you die. If you want to avoid probate, you will also need to transfer ownership of all of your property to the revocable trust or name the revocable trust as a beneficiary of your property.
Phone Number: General Special Durable The Power of Attorney must be signed by a principal who is mentally competent and the signature must be notarized.
In Alaska, spouses can agree in writing to hold property as community property with the right of survivorship. Property subject to the agreement automatically passes to the survivor when one spouse dies.
Exempt property is personal property of the person who died, worth up to $10,000, that the Personal Representative must give to certain family members.