A Real-World Reminder

In 2023, the Alaska Railroad Corporation (ARRC) prevailed in a federal quiet title case to confirm its easement rights through a subdivision in Anchorage. Homeowners argued that ARRC’s right-of-way was ambiguous, but the Ninth Circuit upheld ARRC’s easement, illustrating how old deeds and unclear records can create modern-day disputes.[1] Even more striking, the State of Alaska, itself, has brought quiet title suits to secure ownership of riverbeds, arguing with the federal government over submerged lands.[2] These cases show that even governments must resolve clouds on title — and for private landowners in rural Alaska, the stakes are no less critical.

What Is a Quiet Title Action?

A quiet title action is a lawsuit to “quiet” any challenges or claims against a property title. Alaska law recognizes quiet title suits under AS 09.45.010 – .020, permitting a person in possession of land to seek a judicial declaration of ownership. Once the court resolves the dispute, the winning party may obtain a Clerk’s Deed, clearing the record.[3]

Why It Matters in Rural Alaska

Many rural properties trace their history back to homesteads, mining claims, or informal transfers. This creates several common problems:

• Ambiguous or missing deeds – especially where property changed hands outside of formal probate.
• Boundary disputes – unclear surveys or encroachments across property lines.
• Access and easements – many cabins and farms rely on trails or private roads that lack written easements.
• Competing state or federal claims – especially along navigable waters or resource-rich areas.

In Delta Junction, North Pole, and across Interior Alaska, unclear ownership can make land impossible to sell or get a loan, and vulnerable to disputes.

How a Quiet Title Action Works

1. Title search & Survey – Locate all deeds, plats, and chains of ownership related to the property. A new survey may be required.
2. Filing the complaint – A quiet title complaint is filed in Alaska Superior Court, naming all parties who might claim an interest.
3. Notice & Service – Potential claimants, including the State of Alaska, must be notified.
4. Court decision – If uncontested, judgment may be quick; if contested, the court resolves the dispute.
5. Recording – A Clerk’s Deed or final judgment is recorded, providing marketable title.

Why Landowners Should Act

Delaying resolution can lead to:

• Sales falling through when title insurance companies refuse to provide coverage.
• Neighbor disputes escalating into costly litigation.
• Loss of land value, if uncertainty lingers.

Polaris Law Group, P.C., advises landowners to resolve ownership issues early, especially in rural Alaska where boundaries and rights-of-way are often poorly documented.

[1] Alaska R.R. Corp. v. Flying Crown Subdivision Addition No. 1 & No. 2 Prop. Owners Ass’n, 82 F.4th 762 (9th Cir. 2023).

[2] “State of Alaska sues federal government over river ownership,” Alaska’s News Source (Nov. 2018).

[3] Alaska Department of Natural Resources, Quiet Title Actions Factsheet (2022).

You, a close friend, or a family member may have experienced or may know someone who has experienced a loved one unable to make end-of-life decisions for him or herself.  In most cases, the parents, spouse, children, or siblings must make those health care decisions instead all the while wondering if it’s what their loved one would want.  Let’s look at a recent example in which an incapacitated individual had to rely on an unlikely agent.

Former NBA star Lamar Odom was found unconscious and fell into a coma while he was going through a pending divorce with Khloe Kardashian. Mr. Odom did not have a living will to let his family members and doctors know what his wishes were in the event he was found to be permanently incapacitated or terminally injured.  Furthermore, he had not appointed an agent to make health care decisions for him while he was temporarily incapacitated in a coma. Rather, in this scenario, his soon-to-be ex-wife remained responsible for making life and death decisions because they were still married when the medical event occurred. Would you feel comfortable letting your ex-spouse making your end-of-life decisions on your behalf? How about doctors who are 50/50 on leaving you on life support because you have a terminal illness or injury? Below, we will talk about some important legal documents you’ll want to have prepared before a crisis occurs.

Advance Medical Directive (“Living Will”)

A Living Will is a legal document with written instructions that outline your medical preferences in the event that you are incapacitated. When you are terminally ill or seriously injured, in a coma, suffering for dementia, or at the end of your life, this document lets your doctors and caregivers know your choices as to whether to provide you with life-extending medical treatments, food, and other nourishment as well as pain management and other “palliative” care and hospice.  A Living Will lets the people around you know what you would want ahead of time and relieves them of the burden guessing what your wishes would be if critically ill or injured or terminally incapacitated with no possibility of a cure or improvement.

Healthcare Proxy (a/k/a Health Care Power of Attorney)

A healthcare proxy is a legal document that gives you the power to appoint another person to make health-related decisions on your behalf if you are temporarily or permanently incapacitated. The person you name in this document will have the right to request or refuse treatment just as if you were making the decision and capable of communicating your wishes to a physician or other third party.  Your agent cannot use the HCPOA to make any decision you would not make if you had capacity.  The agent can use this document to engage with health care insurance carriers and obtain medical records whether you’re incapacitated or not.

Durable Power of Attorney (General or Special)

A durable power of attorney (DPOA) is similar to a healthcare proxy, however, this document allows you to appoint an agent, who will have the authority to perform an array of actions on your behalf, such as banking transactions, applying for public benefits and the Permanent Fund Dividend, and paying and incurring debts.  Your capacity is irrelevant provided the POA is “Durable” and survives your incapacity.  With a DPOA, you can appoint more than one agent to act on your behalf, together or separately, for general actions or specific events.

Once you have these ancillary documents in place, remember to review them often and update them when you experience significant life changes such as:

• Divorce or separation;
• Marriage or parenthood;
• Serious health issues or medical treatments; and
• A move to another state.

You also will need to change your designations if your agent moves, dies, or is no longer willing or able to serve. 

If you have not yet put your affairs in order, maybe you are thinking, “This is important. I should do this.” The sad reality is that most won’t do anything until it’s too late making a guardianship or other legal proceeding necessary.  Life gets in the way making us think “there are more pressing problems to deal with right now.”  Before you know it, a family member or friend may become incapacitated, temporarily or permanently, and the family needs to make serious and critical health decisions.

Don’t wait for one of these situations to arise. Instead, grab a Post It® and write “contact estate planning attorney. Need to put my affairs in order.” Keep this message in the middle of your desk until you finish your tasks. You’ll be glad you did, and your loved ones will be grateful they are not left with the unfortunate role of making life-or-death decisions on your behalf without fully knowing your wishes.

Contact Polaris Law Group, P.C. to schedule a consultation and plan for the unexpected.

Spendthrift Clause – What is it?

First, let us explain what a trust is. A trust is a legal contract drafted by an attorney to specify the duties of a named trustee, who will ensure that your assets are managed according to your wishes both during and after your lifetime. Although there are various types of trusts, generally, an irrevocable trust is opened to protect your trust assets from creditors or other threats.

In the irrevocable trust, you direct the trustee to manage your trust assets and distribute them to your beneficiaries in the way you see fit. With a spendthrift clause inserted, you can limit the ability of creditors or your beneficiaries in reaching the pot of money in your trust. Establishing a spendthrift trust can prevent financially unstable beneficiaries from mishandling their inheritance. It can also prevent beneficiaries from withdrawing assets prematurely and limit the collection of judgments and liens against trust assets by creditors.

Instead of giving a lump sum, you can provide a monthly benefit of a specific amount with a Spending Trust. Beneficiaries facing any financial hardship cannot use the trust to repay their creditors, and creditors generally cannot place liens or other judgments against your trust assets.

How Can a Spendthrift Clause Benefit Your Family?

A spendthrift clause can benefit your family by protecting your assets from creditors and ensuring your loved ones will be cared for after your death.

You may also want to insert a spendthrift clause in a testamentary instrument to protect beneficiaries who:

• Might go through a divorce
• Spend money recklessly
• May file for bankruptcy
• Have an addiction: drugs, gambling, shopping, etc.

If you’re worried about a beneficiary mismanaging his or her inheritance, you may give a monthly allowance instead of a lump sum. This way, your beneficiary can get the money they need without misusing the entire inheritance. The spendthrift provision prevents your beneficiaries from using the trust funds to pay creditors off.

We Can Help!

An experienced estate planning attorney can help you choose the appropriate spendthrift clause that best suits your needs and prepare the legal documents necessary to establish the trust.

At Polaris Law Group, P.C., we work to protect your assets from all possible dangers, including long-term care expenses, reckless beneficiaries, creditors, and legal disputes. Knowing that you have a plan in place to care for your finances and family can give you the peace of mind you deserve going forward.

Contact Polaris Law Group, P.C., today to schedule a consultation.