In this chapter,

(1) “disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made;

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Terms Used In Alaska Statutes 13.70.190

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • 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
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Statute: A law passed by a legislature.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Trustee: A person or institution holding and administering property in trust.
(2) “disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made;
(3) “disclaimer” means the refusal to accept an interest in or power over property and includes a renunciation;
(4) “fiduciary” means a personal representative, a trustee, an agent acting under a power of attorney, a guardian, an individual having legal custody of a minor child, or another person authorized to act as a fiduciary with respect to the property of another person;
(5) “individual having legal custody of a minor child” means an individual who, under the law of this state, has legal custody of a minor child as a matter of law or court decree;
(6) “jointly held property”

(A) means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property;
(B) does not include property held as a tenancy by the entirety;
(7) “person” means an individual, whether the individual is ascertained or unascertained, whether the individual is living or not living, and whatever the basis, including intestacy, for the individual’s being entitled to an interest in property; a corporation; a business trust; an estate; a trust; a partnership; a limited liability company; a limited liability partnership; an association; a joint venture; a government; a governmental subdivision, agency, or instrumentality; a public corporation; or any other legal or commercial entity;
(8) “trust”

(A) means

(i) an express trust, charitable or noncharitable, with additions to the express trust, whenever and however created; and
(ii) a trust created under a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust;
(B) does not include a constructive trust or a resulting trust.