This chapter may be cited as the Alaska Uniform Custodial Trust Act.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property that an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
(b) This section does not relieve a custodial trustee from liability for a violation of AS 13.60.060 .
(a) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state.
(b) A transfer made under an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in this state.
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee
(1) is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;
(2) has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and
(3) does not need to furnish a bond or other security for the faithful performance of fiduciary duties.
A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining
(1) the validity of the purported custodial trustee's designation;
(2) the propriety of, or the authority under this chapter for, an action of the purported custodial trustee;
(3) the validity or propriety of an instrument executed or instruction given under this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or
(4) the propriety of the application of property vested in the purported custodial trustee.
(a) Unless otherwise directed by an instrument designating a custodial trustee under AS 13.60.020 , a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator, may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court.
(b) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee under this section.
(a)
A person having the right to designate the recipient of property
payable or transferable upon a future event may create a custodial
trust upon the occurrence of the future event by designating in writing
the recipient, followed in substance by 'as custodial trustee for
__________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act.'
(b) A person may be designated as substitute or successor custodial trustee to whom the property shall be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
(c) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.
(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and, except as otherwise provided in AS 13.12.212(d), without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
(a) Beneficial interests in a custodial trust created for multiple beneficiaries are considered to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of a married couple, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship.
(b) Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
(c) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary under AS 13.60.060 and 13.60.140 for the administration of the custodial trust.
(d) The provisions of (b) of this section do not apply to a custodial trust established under AS 13.12.212 .
(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(b) A custodial trustee is not personally liable to a third person
(1) on a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or
(2) for an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
(c) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(d) The provisions of (b) and (c) of this section do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
(a) Except as otherwise provided by AS 13.12.212 (e), upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property
(1) to the beneficiary, if not incapacitated or deceased;
(2) to the conservator or other recipient designated by the court for an incapacitated beneficiary; or
(3) upon the beneficiary's death, in the following order:
(A) as last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;
(B) to the survivor of multiple beneficiaries if survivorship is provided for under AS 13.60.050 ;
(C) as designated in the instrument creating the custodial trust; or
(D) to the estate of the deceased beneficiary.
(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
(a) The obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property.
(b) The custodial trustee's acceptance may be evidenced by a writing
stating in substance as follows:
CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCE
I, __________ (name of custodial trustee)
acknowledge receipt of the custodial trust property described below or in the attached instrument and accept
the custodial trust as custodial trustee for
__________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act. I undertake to administer
and distribute the custodial trust property under the Alaska Uniform
Custodial Trust Act. My obligations as custodial trustee are subject to
the directions of the beneficiary unless the beneficiary is designated
as, is, or becomes incapacitated. The custodial trust property consists
of __________________________________________________________________.
Dated ___________________________
_________________________________ (Signature of Custodial Trustee).
(c) Upon accepting custodial trust property, a person designated as
custodial trustee under this chapter is subject to the personal
jurisdiction of the court with respect to a matter relating to the
custodial trust.
(a) Except as provided in (c) of this section, and unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee, if the person, beneficiary, or legal representative
(1) has received a final account or statement fully disclosing the matter, unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or
(2) has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.
(b) Except as provided in (c) of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.
(c) A claim for relief is not barred by this section
(1) if the claimant is a minor, until the earlier of two years after the claimant becomes an adult or dies;
(2) if the claimant is an incapacitated adult, until the earliest of two years after
(A) the appointment of a conservator;
(B) the removal of the incapacity; or
(C) the death of the claimant; or
(3) until two years after the claimant's death, if the claimant was an adult, who is now deceased and who was not incapacitated.
(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in a lawful manner, naming as beneficiary an individual, who may be the transferor, and in which the transferee is designated, in substance, as custodial trustee under this chapter.
(b) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in a lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.
(c) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.
(d) Except as provided in (e) of this section, a transferor may not terminate a custodial trust.
(e) Except as otherwise provided by AS 13.12.212 (c), the beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.
(f) A person may augment existing custodial trust property by the addition of other property as provided in this chapter.
(g) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.
(h) This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.
(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if
(1) the custodial trust was created under AS 13.60.040 ;
(2) the transferor has so directed in the instrument creating the custodial trust; or
(3) the custodial trustee has determined that the beneficiary is incapacitated.
(b) A custodial trustee may determine that the beneficiary is incapacitated by relying upon
(1) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority under a durable power of attorney;
(2) the certificate of the beneficiary's physician; or
(3) other persuasive evidence.
(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
(d) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
(e) Absent determination of incapacity of the beneficiary under (b) or (d) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust under the provisions of this chapter applicable to an incapacitated beneficiary.
(f) Incapacity of a beneficiary does not terminate
(1) the custodial trust;
(2) a designation of a successor custodial trustee;
(3) rights or powers of the custodial trustee; or
(4) the immunities of third persons acting on instructions of the custodial trustee.
In this chapter,
(1) 'adult' means an individual who is at least 18 years of age;
(2) 'beneficiary' means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter;
(3) 'conservator' means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions;
(4) 'court' means the superior court of this state;
(5) 'custodial trust property' means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest;
(6) 'custodial trustee' means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated;
(7) 'guardian' means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem;
(8) 'incapacitated' means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause;
(9) 'legal representative' means a personal representative or conservator;
(10) 'member of the beneficiary's family' means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption;
(11) 'personal representative' means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them;
(12) 'state' means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;
(13) 'transferor' means a person who creates a custodial trust by transfer or declaration;
(14) 'trust company' means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property
(1) once each year;
(2) upon request at reasonable times by the beneficiary or the beneficiary's legal representative;
(3) upon resignation or removal of the custodial trustee; and
(4) upon termination of the custodial trust.
(b) The statements under (a) of this section shall be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
(c) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.
(d) A successor custodial trustee may petition the court for an accounting by a previous custodial trustee.
(e) In an action or proceeding under this chapter or in another proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.
(f) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
(g) On petition of the custodial trustee or a person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by another law, except AS 13.90.010 , restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(c) Subject to (b) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust
property of which the custodial trustee has control, separate from all
other property in a manner sufficient to identify it clearly as
custodial trust property of the beneficiary. Custodial trust property,
the title to which is subject to recordation, is identified as required
by this subsection if an appropriate instrument identifying the
property is recorded, and custodial trust property subject to
registration is identified as required by this subsection if it is
registered, or held in an account in the name of the custodial trustee,
designated in substance 'as custodial trustee for _____________ (name
of beneficiary) under the Alaska Uniform Custodial Trust Act.'
(e) A custodial trustee shall keep records of all transactions with
respect to custodial trust property, including information necessary
for the preparation of tax returns, and shall make the records and
information available at reasonable times to the beneficiary or legal
representative of the beneficiary.
(f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
(a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under AS 13.60.020 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee under AS 13.60.020 . In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee.
(b) A custodial trustee who has accepted the custodial trust property may resign by
(1) delivering written notice to a successor custodial trustee, if any, the beneficiary, and, if the beneficiary is incapacitated, to the beneficiary's conservator, if any; and
(2) transferring or registering the custodial trust property, or recording an appropriate instrument relating to the custodial trust property, in the name of the successor custodial trustee identified under (c) of this section, and delivering the records to the successor custodial trustee.
(c) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or becomes incapacitated, the successor designated under the trust instrument or under AS 13.60.020 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within 90 days after the ineligibility, resignation, death, or incapacity of the custodial trustee, the beneficiary's conservator becomes successor custodial trustee. If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee.
(d) If a successor custodial trustee is not designated under (c) of this section, the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to designate a successor custodial trustee.
(e) A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received.
(f) A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties, or for other appropriate relief.
(a) If a transaction, including a declaration with respect to specific property or a transfer of specific property, otherwise satisfies applicable law, the criteria of AS 13.60.010 are satisfied by
(1) the execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form:
TRANSFER UNDER THE ALASKA UNIFORM CUSTODIAL TRUST ACT
I, __________ (name of transferor or name and
representative capacity if a fiduciary), transfer to __________ (name of trustee other than transferor), as
custodial trustee for __________ (name of beneficiary)
as beneficiary and __________ as distributee on termination of the trust in absence of direction by the
beneficiary under the Alaska Uniform Custodial Trust Act, the
following: (insert a description of the custodial trust property
legally sufficient to identify and transfer each item of property).
Dated: _________________________
________________________________ (Signature); or
(2) the execution and the recording or giving notice of its
execution to the beneficiary of an instrument in substantially the
following form:
CUSTODIAL TRUST ACT
DECLARATION OF TRUST UNDER THE ALASKA UNIFORM
I, __________ (name of owner of property),
declare that from this date I hold as custodial trustee for __________ (name of beneficiary other than transferor) as beneficiary
and __________ as distributee on termination of the trust in
absence of direction by the beneficiary under the Alaska Uniform
Custodial Trust Act, the following: (insert a description of the
custodial trust property legally sufficient to identify and transfer
each item of property).
Dated: _________________________
________________________________ (Signature).
(b) Either form identified under (a) of this section may be modified
by the transferor of the property to include, for example, the
designation of an alternate or successor trustee or the recipient of
the custodial property upon termination of the trust.
(c) Customary methods of transferring or evidencing ownership of
property may be used to create a custodial trust, including the
following:
(1) registration of a security in the name of a trust company, an
adult other than the transferor, or the transferor if the beneficiary
is other than the transferor, designated in substance 'as custodial
trustee for __________ (name of beneficiary) under the
Alaska Uniform Custodial Trust Act';
(2) delivery of a certificated security, or a document necessary for
the transfer of an uncertificated security, together with any necessary
endorsement, to an adult other than the transferor or to a trust
company as custodial trustee, accompanied by an instrument in
substantially the form set out in (a)(1) of this section;
(3) payment of money or transfer of a security held in the name of a
broker or a financial institution or its nominee to a broker or
financial institution for credit to an account in the name of a trust
company, an adult other than the transferor, or the transferor if the
beneficiary is other than the transferor, designated in substance 'as
custodial trustee for __________ (name of beneficiary) under the
Alaska Uniform Custodial Trust Act';
(4) registration of ownership of a life or endowment insurance
policy or annuity contract with the issuer in the name of a trust
company, an adult other than the transferor, or the transferor if the
beneficiary is other than the transferor, designated in substance 'as
custodial trustee for __________ (name of beneficiary) under the
Alaska Uniform Custodial Trust Act';
(5) delivery of a written assignment to an adult other than the
transferor or to a trust company whose name in the assignment is
designated in substance by the words 'as custodial trustee for
__________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act';
(6) irrevocable exercise of a power of appointment, under its terms,
in favor of a trust company, an adult other than the donee of the
power, or the donee who holds the power if the beneficiary is other
than the donee, whose name in the appointment is designated in
substance 'as custodial trustee for __________ (name of beneficiary)
under the Alaska Uniform Custodial Trust Act';
(7) delivery of a written notification or assignment of a right to
future payment under a contract to an obligor that transfers the right
under the contract to a trust company, an adult other than the
transferor, or the transferor if the beneficiary is other than the
transferor, whose name in the notification or assignment is designated
in substance 'as custodial trustee for _________ (name of beneficiary)
under the Alaska Uniform Custodial Trust Act';
(8) execution, delivery, and recordation of a conveyance of an
interest in real property in the name of a trust company, an adult
other than the transferor, or the transferor if the beneficiary is
other than the transferor, designated in substance 'as custodial
trustee for __________ (name of beneficiary) under the
Alaska Uniform Custodial Trust Act';
(9) issuance of a certificate of title by an agency of a state or of
the United States that evidences title to tangible personal property
(A) issued in the name of a trust company, an adult other than the
transferor, or the transferor if the beneficiary is other than the
transferor, designated in substance 'as custodial trustee for
__________ (name of beneficiary) under the Alaska Uniform Custodial Trust Act'; or
(B) delivered to a trust company or an adult other than the
transferor or endorsed by the transferor to that person, designated in
substance 'as custodial trustee for __________ (name of beneficiary)
under the Alaska Uniform Custodial Trust Act'; or
(10) execution and delivery of an instrument of gift to a trust
company or an adult other than the transferor, designated in substance
'as custodial trustee for __________ (name of beneficiary)
under the Alaska Uniform Custodial Trust Act.'
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