Legislature(2009 - 2010)BUTROVICH 205
04/09/2010 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB190 | |
| HB386 | |
| HB108 | |
| HB52 | |
| HJR48 | |
| HB253 | |
| HB251 | |
| HB253 | |
| HB287 | |
| HB355 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 386 | TELECONFERENCED | |
| += | HB 108 | TELECONFERENCED | |
| += | HB 52 | TELECONFERENCED | |
| += | HJR 48 | TELECONFERENCED | |
| + | HB 253 | TELECONFERENCED | |
| + | HB 287 | TELECONFERENCED | |
| + | HB 251 | TELECONFERENCED | |
| + | HB 355 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 190 | ||
HB 287-UNIFORM ACT: PROPERTY INTEREST DISCLAIMER
CHAIR FRENCH announced the consideration of HB 287. [CSHB
287(JUD) was before the committee.]
9:20:47 AM
GRETCHEN STAFT, Staff to Representative Max Gruenberg, said HB
287 makes it easier to disclaim a property interest. A
disclaimer occurs when a person who is left a property interest
in a will or trust says for any reason, "I don't want it." HB
287 establishes the rules by which a property interest can be
disclaimed and establishes where that disclaimed interest will
go. The Uniform Disclaimer of Property Interest Act was
promulgated in 1999 and this legislation updates the Act.
9:23:03 AM
MS. STAFT said the only substantive change to the uniform act
relates to child support on page 9, lines 9-15. This provision
would bar a disclaimer to the extent that the disclaimant may
have child support obligations. The sponsor's reasoning is that
it's bad public policy to allow somebody to disclaim a bequest
when they have a child who needs financial support. The bill has
not been controversial, she said.
TERRY THURBON, Chief Administrative Law Judge, Office of
Administrative Hearing, Department of Administration (DOA), said
she is an Alaska delegation commissioner to the National
Conference of Commissioners on Uniform State Laws. She related
that despite the child support provision, the national
conference has characterized HB 287 as substantially similar to
the uniform bill and has no concern with it being titled as a
Uniform Act.
CHAIR FRENCH asked if she knows why the national Uniform Act
doesn't contain a provision that relates to child support.
MS. THURBON replied she isn't sure that some other states
haven't entertained a similar variance. She opined that now that
it's been brought to the attention of the national conference,
that exception might be included when the Act is next revised.
9:26:10 AM
SENATOR COGHILL offered the view that the disclaimant might be
under some duress and asked if other protections exist so that
they don't disclaim their interest before thoroughly
understanding what it is they're disclaiming.
MS. THURBON said the disclaimant isn't necessarily a person
under duress and she suspects there are sufficient protections
in law against coercion.
SENATOR COGHILL said he's just looking for protections against
mischief or fraud.
9:28:47 AM
DAVE SHAFTEL, representing himself, said he is an attorney who
works in the area of estate planning and trust administration.
He is a member of an informal group of attorneys and trust
officers who have been working with the Legislature since 1997
to recommend provisions to improve the Alaska law. This bill was
first introduced several years ago and his group has had an
opportunity to study it and consult with a law professor at
Florida State University who has written a number of articles on
the Uniform Act. The professor made several procedural
recommendations to improve the Act and those have been included
in this bill.
MR. SHAFTEL said that in 35 years of practice in this area he's
never had a client disclaim because they were trying to get out
of some other obligation. Most of the disclaimers are used as a
tool for postmortem planning, to help rearrange things when a
family agrees that the planning didn't as well as they wanted.
Disclaimers can also be used for tax purposes, because a spouse
was left out of the will, or because the disclaimant wanted
their children to receive the property interest.
9:31:37 AM
Addressing Senator Coghill's concern, he said the courts are
sensitive to the fact that some people take advantage of others.
This is particularly true in the area of estates and trusts
because often you're dealing with elderly people. Alaska law
provides good remedies for this.
9:34:52 AM
CHAIR FRENCH closed public testimony and announced he would hold
HB 287 in committee.
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