Section 13.38.300. Power to convert to unitrust.

Unless expressly prohibited by the governing instrument, a trustee may release the power to adjust under AS 13.38.210 and may convert a trust into a unitrust as described in AS 13.38.300 - 13.38.435 if
        (1) the trustee determines that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust;
        (2) the trustee gives written notice of the trustee's intention to release the power to adjust, of the trustee's intention to convert the trust into a unitrust, of the unitrust percentage selected, of the smoothing period selected, and of how the unitrust will operate, including what initial decisions the trustee intends to make under AS 13.38.340, to all the sui juris beneficiaries who
             (A) are currently eligible to receive income from the trust;
             (B) would be eligible, if a power of appointment were not exercised, to receive income from the trust if the interest of all of the beneficiaries eligible to receive income under (A) of this paragraph were to terminate immediately before the giving of the notice; and
             (C) would, if a power of appointment were not exercised, receive a distribution of principal if the trust were to terminate immediately before the giving of the notice;
        (3) there are at least one sui juris beneficiary under (2)(A) of this section and at least one sui juris beneficiary under (2)(B) or (C) of this section; and
        (4) a sui juris beneficiary does not object to the conversion to a unitrust in a writing delivered to the trustee within 60 days after the mailing of the notice under (2) of this section.

Authorities

13.38.210;13.38.300;13.38.310;13.38.320;13.38.400;13.38.410;13.38.435;13.38.690

Notes

References

AS 13.38.210 Trustee's power to adjust.
AS 13.38.300 Power to convert to unitrust.
AS 13.38.310 Judicially approved conversion; beneficiary request for conversion.
AS 13.38.320 Factors to be considered.
AS 13.38.400 Reconversion from a unitrust.
AS 13.38.410 Release of power to convert to unitrust.
AS 13.38.435 Definitions.
AS 13.38.690 Retirement benefits, individual retirement accounts, deferred compensation, annuities, and similar payments.

History

(Sec. 2 ch 145 SLA 2003; am Sec. 18 ch 45 SLA 2013)