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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 60                                                                                                          
01 Adopting and relating to the Uniform Real Property Transfer on Death Act; relating to                                   
02 establishing the law governing certain trusts; and relating to disclaimers of property interests.                       
03                           _______________                                                                               
04    * Section 1. AS 13.36.035 is amended by adding new subsections to read:                                            
05            (f)  Unless the laws of this state govern the validity, construction, and                                    
06       administration of the trust under (c) of this section, the laws of this state govern the                          
07       administration of a trust and the courts of this state have exclusive jurisdiction over the                       
08       trust and its trustees while the trust is administered in this state unless the governing                         
09       instrument of the trust                                                                                           
10                 (1)  specifies that the law of a jurisdiction other than this state governs                             
11       the administration of the trust;                                                                                  
12                 (2)  expressly prohibits a change in the choice of law for the                                          
13       administration of the trust; and                                                                                  
01                 (3)  expressly states that a change in the choice of law for the                                        
02       administration of the trust may not occur, even if a trustee from another jurisdiction                            
03       becomes a trustee of the trust.                                                                                   
04            (g)  In (f) of this section, a trust is considered to be administered in this state if                       
05                 (1)  the governing instrument of the trust specifies that the trust is to be                            
06       administered in this state;                                                                                       
07                 (2)  the principal office of the trustee having custody of the trust's                                  
08       principal assets and records is located in this state, unless the trustee elects to maintain                      
09       the administration of the trust in the state whose law is specified in the governing                              
10       instrument to govern;                                                                                             
11                 (3)  the only trustee who is acting to administer the trust is a qualified                              
12       person, unless the trustee elects to maintain the administration of the trust in the state                        
13       whose law is specified in the governing instrument to govern;                                                     
14                 (4)  a majority of all trustees acting to administer the trust consists of                              
15       qualified persons, unless a majority of the trustees elects to maintain the                                       
16       administration of the trust in the state whose law is specified in the governing                                  
17       instrument to govern; or                                                                                          
18                 (5)  a majority of the trustees are not qualified persons and a majority                                
19       of the trustees, including at least one trustee who is a qualified person, executes an                            
20       acknowledged instrument that this state shall be the primary place of administration                              
21       for the trust.                                                                                                    
22            (h)  The trustee shall make the election in (g)(2) - (4) of this section by an                               
23       instrument that is acknowledged and filed in a court of the state whose law is specified                          
24       in the governing instrument to govern.                                                                          
25    * Sec. 2. AS 13 is amended by adding a new chapter to read:                                                        
26             Chapter 48. Uniform Real Property Transfer on Death Act.                                                
27            Sec. 13.48.010. Transfer on death deed authorized. An individual may                                       
28       transfer property to one or more beneficiaries effective at the transferor's death by a                           
29       transfer on death deed.                                                                                           
30            Sec. 13.48.020. Transfer on death deed revocable. A transfer on death deed                                 
31       is revocable even if the deed or another instrument contains a contrary provision.                                
01            Sec. 13.48.030. Transfer on death deed nontestamentary. A transfer on                                      
02       death deed is nontestamentary.                                                                                    
03            Sec. 13.48.040. Capacity of transferor. The capacity required to make or                                   
04       revoke a transfer on death deed is the same as the capacity required to make a will.                              
05            Sec. 13.48.045. When certain deeds void; challenges to deed. (a) A transfer                                
06       on death deed or an instrument revoking a transfer on death deed is void if it is                                 
07       obtained by fraud, duress, or undue influence.                                                                    
08            (b)  A proceeding must be commenced within 12 months after the transferor's                                  
09       death to                                                                                                          
10                 (1)  contest the capacity of the transferor; or                                                         
11                 (2)  determine whether a transfer on death deed or an instrument                                        
12       revoking a transfer on death deed is void because it was obtained by fraud, duress, or                            
13       undue influence.                                                                                                  
14            Sec. 13.48.050. Requirements. A transfer on death deed                                                     
15                 (1)  except as otherwise provided in (2) and (3) of this section, must                                  
16       contain the essential elements and formalities of a properly recordable inter vivos                               
17       deed;                                                                                                             
18                 (2)  must state that the transfer to the designated beneficiary is to occur                             
19       at the transferor's death;                                                                                        
20                 (3)  may not use a beneficiary designation that only identifies                                         
21       beneficiaries as members of a class; a transfer on death deed that uses a beneficiary                             
22       designation that only identifies beneficiaries as members of a class is void; and                                 
23                 (4)  must be recorded before the transferor's death in the public records                               
24       in the office of the recorder in the recording district where the property is located.                            
25            Sec. 13.48.060. Notice, delivery, acceptance, consideration not required. A                                
26       transfer on death deed is effective without                                                                       
27                 (1)  notice or delivery to, or acceptance by, the designated beneficiary                                
28       during the transferor's life; or                                                                                  
29                 (2)  consideration.                                                                                     
30            Sec. 13.48.070. Revocation by instrument authorized; revocation by act                                     
31       not permitted. (a) Subject to (b) of this section, an instrument is effective to revoke a                       
01       recorded transfer on death deed, or any part of it, only if the instrument                                        
02                 (1)  is one of the following:                                                                           
03                      (A)  a transfer on death deed that revokes the deed or part of the                                 
04            deed expressly or by inconsistency;                                                                          
05                      (B)  an instrument of revocation that expressly revokes the deed                                   
06            or part of the deed;                                                                                         
07                      (C)  an inter vivos deed that expressly revokes the transfer on                                    
08            death deed or part of the deed; or                                                                           
09                      (D)  to the extent of the interest transferred by the inter vivos                                  
10            deed, an inter vivos deed that transfers an interest in property that is the subject                         
11            of a transfer on death deed; and                                                                             
12                 (2)  is acknowledged by the transferor after the acknowledgment of the                                  
13       deed being revoked and recorded before the transferor's death in the recording district                           
14       where the deed is recorded.                                                                                       
15            (b)  If a transfer on death deed is made by more than one transferor,                                        
16                 (1)  revocation by a transferor does not affect the deed as to the interest                             
17       of another transferor; and                                                                                        
18                 (2)  a deed of joint owners is revoked only if it is revoked by all of the                              
19       living joint owners.                                                                                              
20            (c)  After a transfer on death deed is recorded, it may not be revoked by a                                  
21       revocatory act on the deed.                                                                                       
22            (d)  This section does not limit the effect of an inter vivos transfer of the                                
23       property.                                                                                                         
24            (e) If a recorded power of attorney or the transfer on death deed expressly                                  
25       grants a designated agent of the transferor the power to revoke a transfer on death                               
26       deed, the designated agent may revoke the transfer on death deed as provided in this                              
27       section.                                                                                                          
28            Sec. 13.48.080. Effect of transfer on death deed during transferor's life.                                 
29       During a transferor's life, a transfer on death deed does not                                                     
30                 (1)  affect an interest or right of the transferor or any other owner,                                  
31       including the right to transfer or encumber the property;                                                         
01                 (2)  affect an interest or right of a transferee, even if the transferee has                            
02       actual or constructive notice of the deed;                                                                        
03                 (3)  affect an interest or right of a secured or unsecured creditor or                                  
04       future creditor of the transferor, even if the creditor has actual or constructive notice of                      
05       the deed;                                                                                                         
06                 (4)  affect the transferor's or designated beneficiary's eligibility for any                            
07       form of public assistance;                                                                                        
08                 (5)  create a legal or equitable interest in favor of the designated                                    
09       beneficiary; or                                                                                                   
10                 (6)  subject the property to claims or process of a creditor of the                                     
11       designated beneficiary.                                                                                           
12            Sec. 13.48.090. Effect of transfer on death deed at transferor's death. (a)                                
13       Except as otherwise provided in the transfer on death deed, in this section, or in                                
14       AS 13.12.203, 13.12.702, 13.12.803, or 13.12.804, on the death of the transferor, the                             
15       following rules apply to property that is the subject of a transfer on death deed and                             
16       owned by the transferor at death:                                                                                 
17                 (1)  subject to (2) of this subsection, the interest in the property is                                 
18       transferred to the designated beneficiary under the deed;                                                         
19                 (2)  the interest of a designated beneficiary is contingent on the                                      
20       designated beneficiary surviving the transferor; the interest of a designated beneficiary                         
21       that fails to survive the transferor lapses;                                                                      
22                 (3)  subject to (4) and (5) of this subsection, concurrent interests are                                
23       transferred to the beneficiaries in equal and undivided shares with no right of                                   
24       survivorship;                                                                                                     
25                 (4)  if the transferor has identified two or more designated beneficiaries                              
26       to receive concurrent interests in the property and if the transferor has not named an                            
27       alternate designated beneficiary under (5) of this subsection for the share of a                                  
28       designated beneficiary that lapses or fails for any reason, the lapsing or failing share is                       
29       transferred to the other remaining designated beneficiaries in proportion to the interest                         
30       of each remaining beneficiary in the remaining part of the property held concurrently;                            
31                 (5)  the transferor may identify one or more alternate designated                                       
01       beneficiaries to take the share of a designated beneficiary that lapses or fails for any                          
02       reason.                                                                                                           
03            (b)  Subject to AS 40.17, a beneficiary takes the property subject to all                                    
04       conveyances, encumbrances, assignments, contracts, mortgages, liens, and other                                    
05       interests to which the property is subject at the transferor's death. For purposes of this                        
06       subsection and AS 40.17, the recording of the transfer on death deed is considered to                             
07       have occurred at the transferor's death.                                                                          
08            (c)  If a transferor is a joint owner and is                                                                 
09                 (1)  survived by one or more other joint owners, the property that is the                               
10       subject of a transfer on death deed belongs to the surviving joint owner or owners with                           
11       right of survivorship; or                                                                                         
12                 (2)  the last surviving joint owner, the transfer on death deed is                                      
13       effective.                                                                                                        
14            (d)  A transfer on death deed transfers property without covenant or warranty                                
15       of title even if the deed contains a contrary provision.                                                          
16            Sec. 13.48.100. Disclaimer. A beneficiary may disclaim all or part of the                                  
17       beneficiary's interest as provided by AS 13.70 (Uniform Disclaimer of Property                                    
18       Interests Act).                                                                                                   
19            Sec. 13.48.110. Liability for creditor claims and statutory allowances. (a)                                
20       To the extent the transferor's probate estate is insufficient to satisfy an allowed claim                         
21       against the estate, the costs of administration of the estate, or a statutory allowance to a                      
22       surviving spouse or child, the estate may enforce the liability against property                                  
23       transferred at the transferor's death by a transfer on death deed.                                                
24            (b)  If more than one property is transferred by one or more transfer on death                               
25       deeds, the liability under (a) of this section is apportioned among the properties in                             
26       proportion to their net values at the transferor's death.                                                         
27            (c)  A proceeding to enforce the liability under this section must be                                        
28       commenced not later than 12 months after the transferor's death. A proceeding to                                  
29       enforce the liability under (a) of this section may not be commenced unless the                                   
30       personal representative of the transferor's estate has received a written demand by the                           
31       surviving spouse, a creditor, a child, or a person acting for a child of the decedent.                          
01            Sec. 13.48.120. Optional form of transfer on death deed. The following                                     
02       form may be used to create a transfer on death deed. The provisions of this chapter                               
03       govern the effect of this or any other instrument used to create a transfer on death                              
04       deed.                                                                                                             
05                             (front of form)                                                                             
06                 REVOCABLE TRANSFER ON DEATH DEED                                                                        
07            NOTICE TO OWNER                                                                                              
08                 You should carefully read all information on the other side of                                          
09            this form.  Transferring real property by using a transfer on death                                        
10            deed may have important legal consequences in addition to                                                  
11            designating who will receive the real property on the transferor's                                         
12            death.  These consequences may include, but are not limited to, (1)                                        
13            affecting the beneficiary's eligibility for public assistance; and (2)                                     
14            affecting creditors' rights.  If you have any questions, you should                                        
15            consult an attorney.                                                                                       
16                 This form must be recorded before your death, or it will not be                                         
17            effective.                                                                                                   
18            IDENTIFYING INFORMATION                                                                                      
19                 Owner or Owners Making This Deed:                                                                       
20                 _________________________ _________________________                                                     
21                 Printed name          Mailing address                                                                   
22                 _________________________                                                                               
23                 Marital status                                                                                          
24                 _________________________ _________________________                                                     
25                 Printed name          Mailing address                                                                   
26                 _________________________                                                                               
27                 Marital status                                                                                          
28                 Legal description of the property:                                                                      
29                 ____________________________________________________                                                    
30            PRIMARY BENEFICIARY/BENEFICIARIES                                                                            
31                 (Please list one or more primary beneficiaries. You may want to                                         
01            obtain legal advice before listing more than one primary beneficiary.                                        
02            There is more than one way to transfer property to several persons.)                                         
03                 I designate the following beneficiary if the beneficiary survives                                       
04            me:                                                                                                          
05                 _________________________ _________________________                                                     
06                 Printed name          Mailing address, if available                                                     
07                 _________________________                                                                               
08                 Marital status                                                                                          
09            ALTERNATE BENEFICIARY/BENEFICIARIES - Optional                                                               
10                 (You may list one or more alternate beneficiaries.  You may                                             
11            want to obtain legal advice before listing more than one alternate                                           
12            beneficiary.  There is more than one way to transfer property to several                                     
13            persons.)                                                                                                    
14                 If my primary beneficiary does not survive me, I designate the                                          
15            following alternate beneficiary if that beneficiary survives me:                                             
16                 _________________________ _________________________                                                     
17                 Printed name          Mailing address, if available                                                     
18                 _________________________                                                                               
19                 Marital status                                                                                          
20            TRANSFER ON DEATH                                                                                            
21                 At my death, I transfer my interest in the described property to                                        
22            the beneficiaries as designated above.                                                                       
23                 Before my death, I have the right to revoke this deed.                                                  
24            AUTHORITY OF DESIGNATED AGENT TO REVOKE THIS DEED                                                            
25                 I authorize the following designated agent to revoke this deed                                          
26            before my death:                                                                                             
27                 _________________________ _________________________                                                     
28                 Printed name          Mailing address                                                                   
29            SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED                                                                
30                 _________________________ _________________________                                                     
31                 Signature             Date                                                                              
01                 _________________________ _________________________                                                     
02                 Signature             Date                                                                              
03            ACKNOWLEDGMENT                                                                                               
04                 State of ______________________________________ Judicial                                                
05            District (or County of ________________________ or Municipality of                                           
06            ___________________)                                                                                         
07                 The foregoing instrument was acknowledged before me this                                                
08            (date) by (name of person who acknowledged).                                                                 
09                                  _______________________________                                                        
10                                  Signature of Person Taking                                                             
11                                  Acknowledgment                                                                         
12                                  _______________________________                                                        
13                                  Title or Rank                                                                          
14                                  _______________________________                                                        
15                                  Serial Number, if any                                                                  
16                             (back of form)                                                                              
17            COMMON QUESTIONS ABOUT THE USE OF THIS FORM                                                                  
18                 What does the Transfer on Death (TOD) deed do? When you                                               
19            die, this deed transfers the described property, subject to any liens or                                     
20            mortgages (or other encumbrances) on the property at your death.                                             
21            Probate is not required. The TOD deed has no effect until you die. You                                       
22            can revoke it at any time. You are also free to transfer the property to                                     
23            someone else during your lifetime. If you do not own any interest in the                                     
24            property when you die, this deed will have no effect.                                                        
25                 How do I make a TOD deed? Complete this form. Have it                                                 
26            acknowledged before a notary public or other individual authorized by                                        
27            law to take acknowledgments. Record the form in each recording                                               
28            district where any part of the property is located. The form has no                                          
29            effect unless it is acknowledged and recorded before your death.                                             
30                 Is the "legal description" of the property necessary?  Yes.                                           
31                 How do I find the "legal description" of the property? This                                           
01            information may be on the deed you received when you became an                                               
02            owner of the property. This information may also be available in the                                         
03            office of the recorder in the recording district where the property is                                       
04            located. If you are not absolutely sure, consult a lawyer.                                                   
05                 Can I change my mind before I record the TOD deed? Yes.                                               
06            If you have not yet recorded the deed and want to change your mind,                                          
07            simply tear up or otherwise destroy the deed.                                                                
08                 How do I "record" the TOD deed? Take the completed and                                                
09            acknowledged form to the office of the recorder in the recording district                                    
10            where the property is located. Follow the instructions given by the                                          
11            recorder to make the form part of the official property records. If the                                      
12            property is in more than one recording district, you should record the                                       
13            deed in each recording district.                                                                             
14                 Can I later revoke the TOD deed if I change my mind? Yes.                                             
15            You can revoke the TOD deed. Except for a court, no one, including                                           
16            the beneficiaries, can prevent you from revoking the deed.                                                   
17                 How do I revoke the TOD deed after it is recorded? There                                              
18            are three ways to revoke a recorded TOD deed: (1) Complete and                                               
19            acknowledge a revocation form, and record it in each recording district                                      
20            where the property is located. (2) Complete and acknowledge a new                                            
21            TOD deed that disposes of the same property, and record it in each                                           
22            recording district where the property is located. (3) Transfer the                                           
23            property to someone else during your lifetime by a recorded deed that                                        
24            expressly revokes the TOD deed. You may not revoke the TOD deed                                              
25            by will.                                                                                                     
26                 I am being pressured to complete this form. What should I                                             
27            do? Do not complete this form under pressure. Seek help from a trusted                                     
28            family member, friend, or lawyer.                                                                            
29                 Do I need to tell the beneficiaries about the TOD deed?  No,                                          
30            but it is recommended.  Secrecy can cause later complications and                                            
31            might make it easier for others to commit fraud.                                                             
01                 I have other questions about this form. What should I do?                                             
02            This form is designed to fit some but not all situations. If you have                                        
03            other questions, you are encouraged to consult a lawyer.                                                     
04            Sec. 13.48.130. Optional form of revocation. The following form may be                                     
05       used to create an instrument of revocation under this chapter. The provisions of this                             
06       chapter govern the effect of this or any other instrument used to revoke a transfer on                            
07       death deed.                                                                                                       
08                             (front of form)                                                                             
09                REVOCATION OF TRANSFER ON DEATH DEED                                                                     
10            NOTICE TO OWNER                                                                                              
11                 This revocation must be recorded before you die or it will not                                          
12            be effective. This revocation is effective only as to the interests in the                                   
13            property of owners who sign this revocation.                                                                 
14            IDENTIFYING INFORMATION                                                                                      
15                 Owner or Owners Making This Revocation:                                                                 
16                 _________________________ _________________________                                                     
17                 Printed name          Mailing address                                                                   
18                 _________________________                                                                               
19                 Marital status                                                                                          
20                 _________________________ _________________________                                                     
21                 Printed name          Mailing address                                                                   
22                 _________________________                                                                               
23                 Marital status                                                                                          
24                 Legal description of the property:                                                                      
25                 ____________________________________________________                                                    
26            REVOCATION                                                                                                   
27                 I revoke all my previous transfers of this property by transfer on                                      
28            death deed.                                                                                                  
29                 SIGNATURE OF OWNER OR OWNERS MAKING THIS                                                                
30            REVOCATION                                                                                                   
31                 _________________________ _________________________                                                     
01                 Signature             Date                                                                              
02                 _________________________ _________________________                                                     
03                 Signature             Date                                                                              
04            ACKNOWLEDGMENT                                                                                               
05                 State of ______________________________________ Judicial                                                
06            District (or County of ________________________ or Municipality of                                           
07            ___________________)                                                                                         
08                 The foregoing instrument was acknowledged before me this                                                
09            (date) by (name of person who acknowledged).                                                                 
10                                  _______________________________                                                        
11                                  Signature of Person Taking                                                             
12                                  Acknowledgment                                                                         
13                                  _______________________________                                                        
14                                  Title or Rank                                                                          
15                                  _______________________________                                                        
16                                  Serial Number, if any                                                                  
17                             (back of form)                                                                              
18            COMMON QUESTIONS ABOUT THE USE OF THIS FORM                                                                  
19                 How do I use this form to revoke a Transfer on Death                                                  
20            (TOD) deed? Complete this form. Have it acknowledged before a                                              
21            notary public or other individual authorized to take acknowledgments.                                        
22            Record the form in the public records in the office of the recorder in                                       
23            each recording district where the property is located. The form must be                                      
24            acknowledged and recorded before your death or it has no effect.                                             
25                 How do I find the "legal description" of the property? This                                           
26            information may be on the TOD deed. It may also be available in the                                          
27            office of the recorder in the recording district where the property is                                       
28            located. If you are not absolutely sure, consult a lawyer.                                                   
29                 How do I "record" the form? Take the completed and                                                    
30            acknowledged form to the office of the recorder in the recording district                                    
31            where the property is located. Follow the instructions given by the                                          
01            recorder to make the form part of the official property records. If the                                      
02            property is located in more than one recording district, you should                                          
03            record the form in each of those recording districts.                                                        
04                 I am being pressured to complete this form. What should I                                             
05            do? Do not complete this form under pressure. Seek help from a trusted                                     
06            family member, friend, or lawyer.                                                                            
07                 I have other questions about this form. What should I do?                                             
08            This form is designed to fit some but not all situations. If you have                                        
09            other questions, consult a lawyer.                                                                           
10            Sec. 13.48.140. Nonexclusivity. The provisions of this chapter do not affect                               
11       any method of transferring property otherwise permitted under the law of this state.                              
12            Sec. 13.48.150. Uniformity of application and construction. In applying and                                
13       construing this uniform act, consideration shall be given to the need to promote                                  
14       uniformity of the law with respect to its subject matter among the states that enact it.                          
15            Sec. 13.48.160. Relationship to Electronic Signatures in Global and                                        
16       National Commerce Act. The provisions of this chapter modify, limit, and supersede                              
17       15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act),                                
18       but do not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic                                  
19       delivery of any of the notices described in 15 U.S.C. 7003(b).                                                    
20            Sec. 13.48.190. Definitions. In this chapter,                                                              
21                 (1)  "beneficiary" means a person who receives property under a                                         
22       transfer on death deed;                                                                                           
23                 (2) "designated beneficiary" means a person designated to receive                                       
24       property in a transfer on death deed;                                                                             
25                 (3)  "joint owner" means an individual who is a tenant by the entirety,                                 
26       who is an owner of community property with a right of survivorship, or who otherwise                              
27       owns property concurrently with one or more other individuals with a right of                                     
28       survivorship, but does not include an individual who is a tenant in common or other                               
29       owner of community property without a right of survivorship or who is a joint tenant,                             
30       other than an individual who is a tenant by the entirety;                                                         
31                 (4)  "person" means an individual, corporation, business trust, estate,                                 
01       trust, partnership, limited liability company, association, joint venture, public                                 
02       corporation, government or governmental subdivision, agency, or instrumentality, or                               
03       any other legal or commercial entity;                                                                             
04                 (5)  "property" means an interest in real property located in this state                                
05       which is transferable on the death of the owner;                                                                  
06                 (6)  "transfer on death deed" means a deed authorized under this                                        
07       chapter;                                                                                                          
08                 (7)  "transferor" means an individual who makes a transfer on death                                     
09       deed.                                                                                                             
10            Sec. 13.48.195. Short title. This chapter may be cited as the Uniform Real                                 
11       Property Transfer on Death Act.                                                                                   
12    * Sec. 3. AS 13.70.100(e) is amended to read:                                                                      
13            (e)  In the case of an interest created by a beneficiary designation that is                             
14       disclaimed [MADE] before [THE TIME] the designation becomes irrevocable, the                              
15       [A] disclaimer shall be delivered to the person making the beneficiary designation.                               
16    * Sec. 4. AS 13.70.100(f) is amended to read:                                                                      
17            (f)  In the case of an interest created by a beneficiary designation that is                             
18       disclaimed [MADE] after [THE TIME] the designation becomes irrevocable, the [A]                           
19       disclaimer of an interest in                                                                                  
20                 (1)  personal property shall be delivered to the person obligated to                                
21       distribute the interest; and                                                                                  
22                 (2)  real property shall be recorded in the office of the recorder in                               
23       the recording district where the real property that is the subject of the disclaimer                          
24       is located.                                                                                                   
25    * Sec. 5. AS 13.70.130 is amended to read:                                                                         
26            Sec. 13.70.130. Recording of disclaimer. If an instrument transferring an                                  
27       interest in or power over property subject to a disclaimer is required or permitted by                            
28       law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or                               
29       registered as required or permitted by law. Except as otherwise provided in                                   
30       AS 13.70.100(f)(2), failure [FAILURE] to file, record, or register the disclaimer does                        
31       not affect its validity as between the disclaimant and persons to whom the property                               
01       interest or power passes by reason of the disclaimer.                                                             
02    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
03 read:                                                                                                                   
04       APPLICABILITY. (a) Sections 2 - 5 of this Act apply to a transfer on death deed                                   
05 made on or after the effective date of this Act. In this section, "transfer on death deed" has the                      
06 meaning given in AS 13.48.190, enacted by sec. 2 of this Act.                                                           
07       (b)  AS 13.70.100(e), as amended by sec. 3 of this Act, AS 13.70.100(f), as amended                               
08 by sec. 4 of this Act, and AS 13.70.130, as amended by sec. 5 of this Act, apply to a                                   
09 disclaimer that is made under AS 13.70 on or after the effective date of this Act.                                      
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