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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 36. Trust Administration
- Section 100. Limitations On Proceedings Against Trustees.
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. Personal Liability of Trustee to Third Parties.
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AS 13.36.100. Limitations On Proceedings Against Trustees.
- (a) Unless resolved or barred under (b) or (c) of this section, and notwithstanding the lack of adequate disclosure, all
claims against a trustee who has issued a report received by the beneficiary and who has informed the beneficiary
of the location and availability of records for examination by the beneficiary are barred unless a proceeding to assert
the claims is commenced within three years after the beneficiary's receipt of the report.
- (b) If a trustee petitions a court for an order approving a report that adequately discloses the existence of a potential
claim, serves the report on all beneficiaries to be bound by the report, gives the beneficiaries at least 60 days'
notice of the court proceeding, and notifies the beneficiary that a claim must be begun within 45 days after the beneficiary is served
with notice of the court proceding, all potential claims of the beneficiaries against the trustee are barred unless the
claims are served on the trustee and filed with the court within 45 days after the beneficiaries are served with notece of the court proceeding.
- (c) If a trustee serves a report on a beneficiary that adequately discloses the existence of a potential claim against the
trustee, the trustee informs the beneficiary that a proceeding to assert any claim against the trustee must be
commenced by the beneficiary within six
months after receipt of the report, and the beneficiary fails to assert a claim against the
trustee, all claims of the beneficiary are barred.
- (d) A beneficiary is considered to have received a report if, being an adult, the report is received by the beneficiary
personally, or, if the beneficiary is a person who may be represented and bound by another person under AS 13.06.120
, the report is received by the person who may represent the person under AS 13.06.120
- (e) A report adequately discloses the existence of a potential claim against a trustee if it provides sufficient
information for the beneficiary to know of the potential claim or to be expected to reasonably inquire into the
existence of a claim with respect to the matter.
- (f) This section does not apply to claims brought by a beneficiary against a trustee for fraud committed by the trustee.
- (g) The report of a trustee under this section is considered to provide adequate notice to the beneficiary that there is a time limitation for filing a claim against the trustee if the cover page or top of the first page of the report contains the following language in at least 14 point bold type: "BY RECEIPT OF THIS REPORT, ANY ACTION YOU MAY HAVE AS A BENEFICIARY AGAINST THE TRUSTEE FOR BREACH OF TRUST BASED ON ANY MATTER ADEQUATELY DISCLOSED IN THIS REPORT MAY BE BARRED UNLESS THE ACTION IS BEGUN WITHIN SIX MONTHS AFTER YOU RECEIVE THIS REPORT. IF YOU HAVE ANY QUESTIONS, YOU MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THIS REPORT."
- (h) In this section,
- (1) [Repealed, Sec. 15 Ch 66 SLA 2006].
- (2) "report" means a final report or an interim report for a certain period, and includes an accounting.
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