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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 208. Exclusions, Valuation, and Overlapping Application.
previous: Section 207
. Surviving Spouse's Property and Nonprobate Transfers to Others.
next: Section 209
. Sources From Which Elective Share Payable.
AS 13.12.208. Exclusions, Valuation, and Overlapping Application.
- (a) The value of property is excluded from the decedent's nonprobate transfers to others
- (1) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the
- (2) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the
- (b) The value of property
- (1) included in the augmented estate under AS 13.12.205
, 13.12.206, or 13.12.207 is reduced in each category by enforceable
claims against the included property; and
- (2) includes the commuted value of any present or future interest and the commuted value of amounts payable under a trust,
life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit
or retirement plan, or any similar arrangement, exclusive of 42 U.S.C. 301 - 1397f (Social Security Act).
- (c) In case of overlapping application to the same property of the provisions of AS 13.12.205
, 13.12.206, or 13.12.207, the property is included in the augmented
estate under the provision yielding the greatest value, and under only one overlapping provision if all of the
overlapping provisions yield the same value.
- (d) Notwithstanding the other provisions of this section, the value of community property under AS 34.77 is not included in the augmented estate.
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