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  1. Rosemaryt Post author

    Rosemary Tejada- Alaska Intestate Succession & Will Questions

    1A. Pursuant to §13.12.102(3) of West’s Alaska Statutes Annotated, if the decedent is survived by their spouse and issue, the first one hundred and fifty thousand dollars ($150,000.00) of the estate pass to the spouse. In addition to the first one hundred fifty thousand dollars ($150,000.00) the spouse is entitled to half of the remaining estate. The issue would split the other half of the estate by representation. The issue must be a descendant of both the decedent and surviving spouse. This differs from NY Law because when a decedent is survived by their spouse and issue the wife receives the first fifty thousand dollars ($50,000.00) of the estate. In addition to the fifty thousand dollars ($50,000.00) the spouse receives half of the remaining estate. The other half is given to the issue by representation. The amounts that the surviving spouses get are different.

    1B. Pursuant to § 13.12.102(1)(a) of West’s Alaska Statutes Annotated, if the
    decedent is survived by a spouse and has no issue, the spouse receives the entire estate. In New York the estate is given in its entirety to the surviving spouse as well.

    1C. Pursuant to § 13.12.103(3) the estate passes to the decedent’s siblings or parents by representation. As opposed to Alaska, in New York the estate passes to the decedent’s parents.

    2. §13.12.501 of West’s Alaska Statutes Annotated, sets forth that a will may be made by someone that conveys both requirements of being eighteen (18) years or older and have a sound mind. New York differs in that a person must be eighteen (18) years of age and have not just sound mind, but memory as well. The requirement for witnesses is the same in Alaska and New York.

    3. Pursuant to §13.12.545 of the West’s Alaska Statutes Annotated, there must be at least two (2) witnesses to the will. In New York the time period to attest the will is thirty (30) days. In Alaska the time period to attest the will is ‘soon’, which is not specified like the thirty (30) days in New York. In New York it is also specified that if a witness’s residing address is omitted is does not affect the validity of the will.

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