Sec. 13.36.390. Definitions.

405 words·~2 min read·/ak/title-13/chapter-36/13-36-390

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this chapter,

(1)“party in interest” means, if the trust is

(A)revocable and if the settlor is incapacitated, the settlor's legal representative under applicable law or the settlor's agent under a durable power of attorney; or

(B)irrevocable,

(i)each trustee serving at the time;

(ii)each beneficiary entitled to receive a mandatory distribution of income or principal from a trust or, if a beneficiary entitled to receive a mandatory distribution of income or principal from a trust is not 19 years of age or is incapacitated, the beneficiary's legal representative under applicable law or the beneficiary's agent under a durable power of attorney; and

(iii)each vested remainder beneficiary in existence at the time or, if a vested remainder beneficiary is not 19 years of age or is incapacitated, the vested remainder beneficiary's legal representative under applicable law or the vested remainder beneficiary's agent under a durable power of attorney;

(2)“qualified beneficiary” means a beneficiary who

(A)on the date the beneficiary's qualification is determined, is entitled or eligible to receive a distribution of trust income or principal; or

(B)would be entitled to receive a distribution of trust income or principal if the event causing the trust's termination occurs;

(3)“qualified person” means

(A)an individual who, except for brief intervals, military service, attendance at an educational or training institution, or for absences for good cause shown, resides in this state, whose true and permanent home is in this state, who does not have a present intention of moving from this state, and who has the intention of returning to this state when away;

(B)a trust company that is organized under AS 06.26 and that has its principal place of business in this state; or

(C)a bank that is organized under AS 06.05 , or a national banking association that is organized under 12 U.S.C. 21 — 216d, if the bank or national banking association possesses and exercises trust powers and has its principal place of business in this state;

(4)“settlor” means a person who transfers property in trust and includes a person who furnishes the property transferred to a trust even if the trust is created by another person;

(5)“state jurisdiction provision” means a provision that the laws of this state govern the validity, construction, and administration of a trust and that the trust is subject to the jurisdiction of this state.