(Download) "Matter Estate William J. Hutchinson" by Supreme Court of Alaska " Book PDF Kindle ePub Free
eBook details
- Title: Matter Estate William J. Hutchinson
- Author : Supreme Court of Alaska
- Release Date : January 05, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
MATTHEWS, Justice. OPINION. This case is here on a petition for review of a superior court order giving priority to family allowances over costs of estate administration. The decedent had seven children by his first marriage and one child by his second. His will left all his property to his two oldest children, one of whom is the personal representative of the estate. The child of the second marriage and three of the children of the first marriage are minors. Family allowances were granted to all of the minor children. According to the petitioner, when the approved creditors' claims are added to the family allowances granted by the court, the threshold of insolvency will be approached and perhaps crossed. Petitioner alleges that decedent's widow claims a substantial portion of the assets of the estate as her own. A trial is now pending on that claim, and petitioner suggests that the estate will be unable to defend itself if the order giving family allowances priority over administrative expenses, including attorney's fees, is upheld. Alaska is one of several states which has adopted the Uniform Probate Code. One section of the Code, AS 13.11.135(a), provides that family allowances have priority over all claims except homestead allowances. 1 The word claims is defined in AS 13.06.050(4) and expressly includes expenses of administration. 2 When only those two statutory sections are referred to, family allowances clearly have priority over expenses of administration. However, petitioner argues that another section of the Code reverses the order of priority. AS 13.16.470(a) sets forth the sequence for payment of claims in cases of insolvency as follows: