Notice of Trust to Beneficiaries (Alaska Statutes § 13.36.080)

NOTICE OF TRUST TO BENEFICIARIES

Pursuant to Alaska Statutes § 13.36.080

I. IDENTIFICATION OF NOTICE

II. IDENTIFICATION OF SETTLOR AND TRUST

Name of Settlor(s): [________________________________]

Date of Death of Settlor (if applicable): [__/__/____]

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

Trust Tax ID / EIN: [____________________]

Dates of All Amendments and Restatements:

☐ There have been no amendments or restatements to the Trust.

III. TRIGGERING EVENT

This Notice is served because the following event has occurred:

☐ Acceptance of Trust (AS 13.36.080(a)(1)). The undersigned has accepted appointment as Trustee on [__/__/____] and serves this Notice within 30 days thereof.

☐ Change of Trustee. The undersigned has succeeded [________________________________] as Trustee on [__/__/____].

☐ Death of Settlor / Trust Becoming Irrevocable. The Trust (or a portion of it) became irrevocable on [__/__/____] upon the death of [________________________________].

☐ Beneficiary Request for Information (AS 13.36.080(a)(2)-(3); AS 13.36.110). This Notice responds to a reasonable request received on [__/__/____].

☐ Other Triggering Event: [____________________________________]

IV. TRUSTEE CONTACT INFORMATION (AS 13.36.080(a)(1))

Trust Protector (if any, AS 13.36.157):

☐ The Trust has no trust protector.

V. COURT OF REGISTRATION (AS 13.36.035; AS 13.36.080(a)(1))

☐ The Trust is registered with the Alaska Superior Court for the [____________________] Judicial District, sitting at [____________________], Alaska. Registration Case No.: [____________________].

☐ The Trust is not registered under AS 13.36.035. The principal place of administration of the Trust is [____________________], Alaska, and the Alaska Superior Court for the [____________________] Judicial District is the appropriate forum for any proceeding concerning the Trust.

VI. PRINCIPAL PLACE OF ADMINISTRATION

The principal place of administration of the Trust is located at:

Street Address: [________________________________]

City: [____________________] Borough/Census Area: [____________________] State: Alaska ZIP: [__________]

VII. RIGHT TO INFORMATION (AS 13.36.080(a)(2)-(3); AS 13.36.110)

Subject to any exemption under AS 13.36.080(b), you are entitled, upon reasonable request to the Trustee, to receive:

1. A copy of the terms of the Trust that describe or affect your interest;
2. Relevant information about the assets of the Trust and the particulars relating to its administration; and
3. A statement of the accounts of the Trust annually and upon termination of the Trust or change of Trustee.

To make a request, contact the Trustee at the address and telephone number listed in Section IV above. The Trustee will respond within a reasonable time of receiving a written request.

☐ The Trust contains an exemption under AS 13.36.080(b). The right to information stated above is limited to the accounting period during which a discretionary distribution was made to you, pursuant to AS 13.36.080(c)(1).

☐ The Trust contains no exemption under AS 13.36.080(b); the full statutory rights apply.

VIII. NATURE OF THE BENEFICIARY'S INTEREST

The recipient's interest in the Trust is:

☐ Current mandatory distribution beneficiary — entitled to income or principal distributions on an annual or more frequent basis.

☐ Current discretionary distribution beneficiary — eligible to receive distributions in the Trustee's discretion under standards set forth in the Trust instrument.

☐ Future-interest beneficiary — entitled to distributions upon the occurrence of [____________________] (described in general terms).

☐ Other: [____________________________________]

IX. ALASKA TRUST ACT / DAPT NOTICE (AS 34.40.110) — IF APPLICABLE

☐ Not Applicable — the Trust is not a self-settled spendthrift trust under AS 34.40.110.

☐ Applicable — the Trust contains a provision enforceable under AS 34.40.110 restricting voluntary and involuntary transfers of beneficial interests in the Trust. The undersigned Trustee provides this Notice subject to, and without waiver of, that restriction. Nothing in this Notice (a) authorizes any transfer or assignment of a beneficial interest prior to actual payment or delivery by the Trustee; (b) modifies the spendthrift restraint; or (c) impairs the protection afforded under AS 34.40.110 or 11 U.S.C. 541(c)(2).

X. RECIPIENTS OF THIS NOTICE

This Notice is being served on the following persons:

A. Current Beneficiaries

B. Representatives of Future-Interest Beneficiaries (AS 13.06.120)

☐ There are no future-interest beneficiaries requiring representative notice.

XI. METHOD AND DATE OF SERVICE

Service was made by one or more of the following methods, to the last known address of each recipient:

☐ First-class mail, postage prepaid

☐ Certified mail, return receipt requested

☐ Personal delivery

☐ Other method reasonably calculated to give actual notice: [____________________]

Date Notice Was Placed in the Mail or Personally Delivered: [__/__/____]

XII. TRUSTEE EXECUTION

I, the undersigned Trustee, certify that:

1. I have accepted appointment as Trustee of the Trust identified in Section II;
2. I have served this Notice on the persons identified in Section X by the methods stated in Section XI in compliance with Alaska Statutes § 13.36.080; and
3. The information set forth in this Notice is true and correct to the best of my knowledge.

Executed on [__/__/____] at [____________________], Alaska.

Trustee Signature: [________________________________]

Print Name: [________________________________]

Capacity: [________________________________]

XIII. PROOF OF SERVICE

I, the undersigned, declare that I am over the age of 18 years and not a party to this matter. My business or residence address is set forth above. On the date stated above, I served the foregoing NOTICE OF TRUST TO BENEFICIARIES on each of the persons identified in Section X by placing a true copy thereof in a sealed envelope, addressed to each such person at the address set forth in Section X, with postage thereon fully prepaid, and depositing the envelope in the United States Mail at the place stated above, OR by personal delivery as indicated.

I declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct.

Executed on [__/__/____] at [____________________], Alaska.

Signature: [________________________________]

Print Name: [________________________________]

SOURCES AND REFERENCES

• Alaska Statutes § 13.36.080 — https://www.akleg.gov/basis/statutes.asp#13.36.080
• Alaska Statutes § 13.36.110 — https://www.akleg.gov/basis/statutes.asp#13.36.110
• Alaska Statutes § 13.36.043 — https://www.akleg.gov/basis/statutes.asp#13.36.043
• Alaska Statutes § 13.36.157 — https://www.akleg.gov/basis/statutes.asp#13.36.157
• Alaska Statutes § 13.06.120 — https://www.akleg.gov/basis/statutes.asp#13.06.120
• Alaska Statutes § 34.40.110 — https://www.akleg.gov/basis/statutes.asp#34.40.110
• Alaska Statutes § 13.36.035 — https://www.akleg.gov/basis/statutes.asp#13.36.035
• Alaska Statutes § 13.16.690 — https://www.akleg.gov/basis/statutes.asp#13.16.690