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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 302. Omitted Children.
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. Entitlement of Spouse; Premarital Will.
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. Applicable Law.
AS 13.12.302. Omitted Children.
- (a) Except as provided in (b) of this section, if a testator fails to provide in the testator's will for the testator's
children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a
share in the estate as follows:
- (1) if the testator did not have a child living when the testator executed the will, an omitted after-born of
after-adopted child receives a share in the estate equal in value to that which the child would have received had the
testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the
omitted child and that other parent survives the testator and is entitled to take under the will;
- (2) if the testator had one or more children living when the testator executed the will, and the will devised property or
an interest in property to one or more of the then living children, an omitted after-born or after-adopted child is
entitled to share in the testator's estate as follows:
- (A) the portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is
limited to devises made to the testator's then living children under the will;
- (B) the omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in
(A) of this paragraph, that the child would have received had the testator included all omitted after-born and
after-adopted children with the children to whom devises were made under the will and had given an equal share of the
estate to each child;
- (C) to the extent feasible, the interest granted an omitted after- born or after-adopted child under this section must be
of the same character, whether equitable or legal, or present or future, as that devised to the testator's then living
children under the will;
- (D) in satisfying a share provided by this paragraph, devises to the testator's children who were living when the will was
executed abate ratably; in abating the devises of the then living children, the court shall preserve to the maximum
extent possible the character of the testamentary plan adopted by the testator.
- (b) Neither (a)(1) nor (a)(2) of this section applies if
- (1) it appears from the will that the omission was intentional; or
- (2) the testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent
that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably
inferred from the amount of the transfer or other evidence.
- (c) If at the time of execution of the will the testator fails to provide in the testator's will for a living child solely
because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were
an omitted after-born or after-adopted child.
- (d) In satisfying a share provided by (a)(1) of this section, devises made by the will abate under AS 13.16.540
Article 04. EXEMPT PROPERTY AND ALLOWANCES
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