Skip to main content
CourtGPT logoCourtGPT
Directory
Law
For Attorneys
Blog
AppointmentsSign InSign Up
§ 13-36-215 — Alaska Law | CourtGPT
  1. Home/
  2. Laws/
  3. Alaska/
  4. Title 13 - Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions/
  5. Chapter 36 - Trust Administration/
  6. Article 3 - Trustees.sec. 13.36.070. General Duty Not Limited/
  7. § 13-36-215
Alaska Legal Code

§ 13-36-215

Ask AI about this
(a) In AS 13.36.105 - 13.36.220, unless the context or subject matter otherwise requires, (1) 'affiliate' means a person directly or indirectly controlling or controlled by another person or a person under direct or indirect common control with another person, including a person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange; (2) 'relative' means a spouse, ancestor, descendant, brother, or sister; (3) 'trust' means an express trust only; (4) 'trustee' includes a trustee that is a corporation or a natural person and a successor or substitute trustee. (b) In AS 13.36.157 - 13.36.159, (1) 'appointed trust' means an irrevocable trust that receives principal from an invaded trust under AS 13.36.157, including a new trust created by the settlor of the invaded trust or by the trustees, acting in that capacity, of the invaded trust; (2) 'authorized trustee' means, with regard to an invaded trust, a trustee with the authority to pay trust principal to or for a current beneficiary; in this paragraph, 'trustee' does not include a settlor or a beneficiary to

eans, with regard to an invaded trust, a trustee with the authority to pay trust principal to or for a current beneficiary; in this paragraph, 'trustee' does not include a settlor or a beneficiary to whom income or principal must be paid, currently or in the future, or who is or will become eligible to receive a distribution of income or principal in the discretion of the trustee other than by the exercise of a power of appointment held in a nonfiduciary capacity; (3) 'current beneficiary' means a person or, with regard to a class of persons, a person who is a member of the class, to whom a trustee may distribute principal when exercising a power under AS 13.36.157; (4) 'invade' means pay directly to the beneficiary of a trust or apply to the benefit of a beneficiary; (5) 'invaded trust' means an irrevocable inter vivos or testamentary trust the principal of which is appointed under AS 13.36.157; (6) 'pooled trust' means a trust described in 42 U.S.C. 1396p(d)(4)(C) that meets the requirements for a pooled trust under the regulations of this state relating to the Medicaid treatment of trusts; (7) 'principal' means the assets of a trust, including accrued and accumulated income,

equirements for a pooled trust under the regulations of this state relating to the Medicaid treatment of trusts; (7) 'principal' means the assets of a trust, including accrued and accumulated income, but excluding income that is currently required to be distributed; (8) 'special needs trust' means a trust under 42 U.S.C. 1396p(d)(4)(A) that meets the requirements for a special needs trust under the regulations of this state relating to the Medicaid treatment of trusts; (9) 'third-party trust' means a trust that is (A) established by a third party with the assets of the third party to provide for supplemental needs for a person eligible when the trust is created or at a future time for needs-based public assistance; and (B) exempt from the provisions of the regulations of this state relating to the Medicaid treatment of trusts; (10) 'unlimited discretion' means the unlimited right to distribute principal if the right is not restricted by an ascertainable standard under 26 C.F.R. 25.2514-1.