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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 33. Nonprobate Transfers
- Section 215. Rights of Creditors and Others.
previous: Section 214
. Accounts and Transfers Nontestamentary.
next: Section 216
. Community Property and Tenancy By the Entirety.
AS 13.33.215. Rights of Creditors and Others.
- (a) If other assets of the estate are insufficient, a transfer resulting from a right of survivorship or POD designation
under AS 13.33.201 - 13.33.227 is not effective against the estate of a
deceased party to the extent needed to pay claims against the estate and statutory allowances to the surviving spouse
- (b) A surviving party or beneficiary who receives payment from an account after death of a party is liable to account to
the personal representative of the decedent for a proportionate share of the amount received to which the decedent
immediately before death was beneficially entitled under AS 13.33.211
, to the extent necessary to discharge the claims and allowances described in (a) of this section remaining unpaid
after application of the decedent's estate. A proceeding to assert the liability may not be commenced unless the
personal representative has received a written demand by the surviving spouse, a creditor, a child, or a person acting
for a child of the decedent. The proceeding must be commenced within one year after death of the decedent.
- (c) A surviving party or beneficiary against whom a proceeding to account is brought may join as a party to the proceeding
a surviving party or beneficiary of any other account of the decedent.
- (d) Sums recovered by the personal representative shall be administered as part of the decedent's estate. This section
does not affect the protection from claims of the personal representative or estate of a deceased party provided in AS
for a financial institution that makes payment in accordance with the terms of the account.
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