Alaska Renunciation of Legacy in Favor of Other Family Members

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Multi-State
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US-0670BG
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Description

In the law of inheritance, wills and trusts, a disclaimer of interest (also called a renunciation) is an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust. The laws of the individual states govern the matter of wills and estates, and lay down the rules for any waiver of inheritance.

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FAQ

Hear this out loud PauseIn 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.

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.

The spouses can agree that when one spouse dies, title to the other half of the property passes automatically to the surviving spouse or passes through probate to the beneficiaries or heirs of the spouse who died.

Even if the person who died made a will that disinherited the spouse or children, the Personal Representative needs to pay the allowances and exempt property out of the estate.

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.

Hear this out loud PauseSpouses in Alaska Inheritance Law 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.

Hear this out loud PauseIf a will attempts to disinherit a spouse in some way, the spouse may be protected by state law. Each state has laws regarding spousal inheritance, which generally follow one of three approaches: the traditional spousal share approach, the augmented estate approach, or the community property approach.

Hear this out loud PauseIn the absence of a prenuptial or postnuptial agreement, Californians can't completely disinherit their spouses due to California's community property laws. California is one of a handful of states that is a ?community property state.? This means that all assets acquired during the course of the marriage are owned ...

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Alaska Renunciation of Legacy in Favor of Other Family Members