(a) If other assets of the estate are insufficient, a transfer resulting from a right of survivorship or POD designation under Alaska Stat. § 13.33.201 – 13.33.227 is not effective against the estate of a deceased party to the extent needed to pay claims against the estate and statutory allowances to the surviving spouse and children.
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Terms Used In Alaska Statutes 13.33.215

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Decedent: A deceased person.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(b) A surviving party or beneficiary who receives payment from an account after death of a party is liable to account to the personal representative of the decedent for a proportionate share of the amount received to which the decedent immediately before death was beneficially entitled under Alaska Stat. § 13.33.211, to the extent necessary to discharge the claims and allowances described in (a) of this section remaining unpaid after application of the decedent’s estate. A proceeding to assert the liability may not be commenced unless the personal representative has received a written demand by the surviving spouse, a creditor, a child, or a person acting for a child of the decedent. The proceeding must be commenced within one year after death of the decedent.
(c) A surviving party or beneficiary against whom a proceeding to account is brought may join as a party to the proceeding a surviving party or beneficiary of any other account of the decedent.
(d) Sums recovered by the personal representative shall be administered as part of the decedent’s estate. This section does not affect the protection from claims of the personal representative or estate of a deceased party provided in Alaska Stat. § 13.33.226 for a financial institution that makes payment in accordance with the terms of the account.
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