(a) Subject to (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument

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Terms Used In Alaska Statutes 13.48.070

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • property: includes real and personal property. See Alaska Statutes 01.10.060
(1) is one of the following:

(A) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(B) an instrument of revocation that expressly revokes the deed or part of the deed;
(C) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed; or
(D) to the extent of the interest transferred by the inter vivos deed, an inter vivos deed that transfers an interest in property that is the subject of a transfer on death deed; and
(2) is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor’s death in the recording district where the deed is recorded.
(b) If a transfer on death deed is made by more than one transferor,

(1) revocation by a transferor does not affect the deed as to the interest of another transferor; and
(2) a deed of joint owners is revoked only if it is revoked by all of the living joint owners.
(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(d) This section does not limit the effect of an inter vivos transfer of the property.
(e) If a recorded power of attorney or the transfer on death deed expressly grants a designated agent of the transferor the power to revoke a transfer on death deed, the designated agent may revoke the transfer on death deed as provided in this section.
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