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35-5A-6
Section 35-5A-6 Transfer by will or trust. (a) A personal representative or trustee may make
an irrevocable transfer pursuant to Section 35-5A-10 to a custodian for the benefit of a minor
as authorized in the governing will or trust. (b) If the testator or settlor has nominated
a custodian under Section 35-5A-4 to receive the custodial property, the transfer must be
made to that person. (c) If the testator or settlor has not nominated a custodian under Section
35-5A-4, or all persons so nominated as custodian dies before the transfer or are unable,
decline, or are ineligible to serve, the personal representative or the trustee, as the case
may be, shall designate the custodian from among those eligible to serve as custodian for
property of that kind under subsection (a) of Section 35-5A-10. (Acts 1986, No. 86-453, p.
819, §5.)...
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36-5-11
Section 36-5-11 Qualifications and sufficiency of sureties generally. All personal sureties
on official bonds must be residents of the state, and the aggregate value of their property,
real and personal, not exempt from debts and other liabilities and in excess of their debts
and liabilities must equal the penalty of the bond, and such property must be within the state.
If the duties of the office of the principal are limited to a single county, the sureties
must be residents of that county, and their property must be therein situated. (Code 1876,
§§164, 166; Code 1886, §262; Code 1896, §3075; Code 1907, §1488; Code 1923, §2600; Code
1940, T. 41, §41.)...
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40-7-2
Section 40-7-2 Commencement and completion of assessment; supplemental assessment. The return
and listing of property for taxation by the tax assessor must commence on October 1 in every
year and shall be finished by him on January 1 following, but the assessor may be allowed
through the third Monday in January in each year to make a supplemental return or list of
property which he may have failed to have returned or listed prior to January 1, and such
supplemental return must be entered as any other return and shall be embraced in the abstracts
made for the Department of Finance, tax collector, and Department of Revenue. (Acts 1935,
No. 194, p. 256; Code 1940, T. 51, §37.)...
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11-88-45
Section 11-88-45 Publication of resolution and mailing of copies thereof to persons last assessed
for taxation on property which may be assessed for improvement. The said resolution must be
published once a week for two consecutive weeks in some newspaper published in each county
in which any part of the improvements will be constructed and having general circulation therein.
A copy of the said resolution shall also be sent by registered or certified mail, postage
prepaid, to the persons last assessed for county taxation on the property which may be assessed
for the said improvement at their last known addresses, the said notices to be so mailed not
less than 10 days before the meeting of the board provided for in Section 11-88-46. The failure
of any official charged with the duty of sending such notice or the failure of any owners
of property to receive such notice, if sent by registered or certified mail as provided in
this section, shall not invalidate or in anywise affect any...
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19-3B-108
Section 19-3B-108 Principal place of administration. (a) Without precluding other means for
establishing a sufficient connection with the designated jurisdiction, terms of a trust designating
the principal place of administration are valid and controlling if: (1) a trustee's principal
place of business is located in or a trustee is a resident of the designated jurisdiction;
or (2) all or part of the administration occurs in the designated jurisdiction. (b) A trustee
shall administer the trust at a place appropriate to its purposes, its administration, and
the interests of the beneficiaries; provided, however, a trustee shall not be required to
transfer the trust's principal place of administration to another state or to a jurisdiction
outside of the United States. (c) Without precluding the right of the court to order, approve,
or disapprove a transfer, the trustee may transfer the trust's principal place of administration
to another state or to a jurisdiction outside of the United...
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19-3D-3
Section 19-3D-3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. SCOPE. (a) Except as
otherwise provided in subsections (b) and (c), this chapter applies to an express trust that
is irrevocable, or revocable by the settlor only with the consent of the trustee or a person
holding an adverse interest. (b) This chapter does not apply to a trust held solely for charitable
purposes. (c) Subject to Section 19-3D-15, a trust instrument may restrict or prohibit exercise
of the decanting power. (d) This chapter does not limit the power of a trustee, powerholder,
or other person to distribute or appoint property in further trust or to modify a trust under
the trust instrument, laws of this state other than this chapter, common law, a court order,
or a nonjudicial settlement agreement. (e) This chapter does not affect the ability of a settlor
to provide in a trust instrument for the distribution...
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40-15-8
Section 40-15-8 Location of property for purposes of death taxation. Moneys, credits, securities
and other intangible personal property within the state not employed in carrying on any business
therein by the owner shall be deemed to be located at the domicile of the owner for purposes
of death taxation and, if held in trust, shall not be deemed to be located in this state for
purposes of death taxation because of the trustee's being domiciled in this state; provided,
that if no other state subjects such property held in trust to death taxation, it may be deemed
property having a taxable situs within this state for purposes of death taxation. (Acts 1939,
No. 593, p. 965, §1; Code 1940, T. 51, §438(1).)...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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45-45-85.21
Section 45-45-85.21 Recording fee. (a) In Madison County, a special recording fee of four dollars
($4) shall be collected by the judge of probate on each real or personal property, uniform
commercial code, judicial, or other instrument recorded or filed for record in the probate
court of the county. The special recording fee shall be in addition to all other fees, taxes,
and other charges required by law to be paid upon the recording or filing for record of any
real or personal property, uniform commercial code, judicial, or other instrument. All special
recording fees collected shall be deposited by the judge of probate in any depository in the
county as designated by the county governing body. Notwithstanding the fee set by this section,
the county commission may adjust the fee from time to time by resolution of the commission
adopted at a regularly scheduled meeting of the commission to meet the needs of this section.
(b) The fees collected under this section shall be expended at...
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45-49-85.04
Section 45-49-85.04 Additional recording fee; methods of archiving court records. (a) In Mobile
County, a special recording fee of two dollars ($2) shall be collected by the judge of probate
on each real or personal property, uniform commercial code, judicial, or other instrument
recorded or filed for record in the probate court of the county. The special recording fee
shall be in addition to all other fees, taxes, and other charges required by law to be paid
upon the recording or filing for record of any real or personal property, uniform commercial
code, judicial, or other instrument. All special recording fees collected shall be deposited
by the judge of probate in any depository in the county as designated by the county governing
body. (b) The fees collected under this section shall be expended at the discretion of the
judge of probate for the preservation and restoration of court records and to develop, purchase,
install, upgrade, and maintain a computerized system for recording,...
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