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Bill Updating the Uniform Probate Code Passes Both Legislative Bodies


April 15, 2010, Juneau, Alaska – Today, the Alaska House of Representatives passed SB 60, sponsored by Senator Lesil McGuire, R-Anchorage. The bill amends the Uniform Probate Code, which is a set of laws that governs the affairs of deceased persons and their estates.  SB 60 had a companion bill in the House, HB 144, sponsored by Representative Jay Ramras, R-Fairbanks.

“Representative Ramras and I were approached by experts in the trust and probate field to carry a few pieces of legislation that would update the laws governing trusts and estate planning in the state of Alaska,” Senator McGuire said. “Alaska is at the forefront of trust and estate planning laws and we are known by other states as a great place for business.”

The bill will create procedures for the establishment of will and trust validity before death. The bill also adds provisions allowing a trust-maker to designate a representative who can represent and bind an incapacitated person in future proceedings relating to trust administration. It also clarifies property transfers involving a deceased spouse, and addresses the venue proceeding if the deceased lives outside of Alaska but held significant assets within the state.

“We all have heard of stories where after a person dies, their beneficiaries begin legal battles stating that the deceased may have been under someone else’s influence or they question the capacity of the designated person executing the will or trust. This would allow those concerns to be brought up while the person is still alive and they can indicate their intention on record,” explained Senator McGuire.

SB 60 now heads to the Governor’s desk.

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