Section 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 property; or
        (2) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse.
   (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.

Authorities

13.12.203;13.12.205

Notes

References

AS 13.12.203 Composition of the augmented estate.
AS 13.12.205 Decedent's nonprobate transfers to others.

History

(Sec. 3 ch 75 SLA 1996; am Sec. 1 ch 42 SLA 1998)