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19-3B-401
Section 19-3B-401 Methods of creating trust. A trust may be created by: (1) transfer of property
to another person as trustee during the settlor's lifetime or by will or other disposition
taking effect upon the settlor's death; (2) declaration by the owner of property that the
owner holds identifiable property as trustee; (3) exercise of a power of appointment in favor
of a trustee; or (4) a court in the exercise of its equitable powers. (Act 2006-216, p. 314,
§1.)...
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35-8A-319
Section 35-8A-319 Association as trustee. With respect to a third person dealing with the association
in the association's capacity as a trustee, the existence of trust powers and their proper
exercise by the association may be assumed without inquiry. A third person is not bound to
inquire whether the association has power to act as trustee or is properly exercising trust
powers. A third person, without actual knowledge that the association is exceeding or improperly
exercising its powers, is fully protected in dealing with the association as if it possessed
and properly exercised the powers it purports to exercise. A third person is not bound to
assure the proper application of trust assets paid or delivered to the association in its
capacity as trustee. (Acts 1990, No. 90-551, p. 858, §3-119.)...
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43-8-140
Section 43-8-140 Testamentary additions to trusts. A devise or bequest, the validity of which
is determinable by the law of this state, may be made by a will to the trustee of a trust
established or to be established by the testator and some other person or by some other person
(including a funded or unfunded life insurance trust, although the trustor has reserved any
or all rights of ownership of the insurance contracts) if the trust is identified in the testator's
will and its terms are set forth in a written instrument (other than a will) executed before
or concurrently with the execution of the testator's will or in the valid last will of a person
who has predeceased the testator (regardless of the existence, size, or character of the corpus
of the trust). The devise is not invalid because the trust is amendable or revocable, or because
the trust was amended after the execution of the will or after the death of the testator.
Unless the testator's will provides otherwise, the...
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19-3-25
Section 19-3-25 Appointment and duties of appraisers. On the filing of such inventory, the
register or clerk must indorse upon each of such copies the fact and date of such filing and
must appoint three competent and disinterested persons, who must not be of kin or of counsel
to any person interested in the trust estate, appraisers of and in each county in which any
part of the trust property may be, and must attach to the commission one of the copies of
such inventory, filed by the trustee; and the appraisers must, in writing, appraise at its
true value, the property described in such inventory, and set down in figures opposite each
item, the appraised value thereof, add each column and carry forward the result so as to show
the total valuation placed upon such property, and verify the same by affidavit and make return
thereof to the register or clerk who must record the commission to the appraisers and such
combined inventory and appraisement, together with the affidavits appended...
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35-5A-7
Section 35-5A-7 Other transfer by fiduciary. (a) Subject to subsection (c), a personal
representative or trustee may make an irrevocable transfer to another adult or trust company
as custodian for the benefit of a minor pursuant to Section 35-5A-10, in the absence of a
will or under a will or trust that does not contain an authorization to do so. (b) Subject
to subsection (c), a conservator may make an irrevocable transfer to another adult or trust
company as custodian for the benefit of the minor pursuant to Section 35-5A-10. (c) A transfer
under subsection (a) or (b) may be made only if (1) the personal representative, trustee,
or conservator considers the transfer to be in the best interest of the minor, (2) the transfer
is not prohibited by or inconsistent with provisions of the applicable will, trust agreement,
or other governing instrument, and (3) transfers to a custodian for the benefit of a minor
do not exceed $10,000 in aggregated value. (Acts 1986, No. 86-453, p. 819, §6.)...
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7-3-110
Section 7-3-110 Identification of person to whom instrument is payable. (a) The person to whom
an instrument is initially payable is determined by the intent of the person, whether or not
authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument
is payable to the person intended by the signer even if that person is identified in the instrument
by a name or other identification that is not that of the intended person. If more than one
person signs in the name or behalf of the issuer of an instrument and all the signers do not
intend the same person as payee, the instrument is payable to any person intended by one or
more of the signers. (b) If the signature of the issuer of an instrument is made by automated
means, such as a check-writing machine, the payee of the instrument is determined by the intent
of the person who supplied the name or identification of the payee, whether or not authorized
to do so. (c) A person to whom an instrument is...
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19-3D-17
Section 19-3D-17 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. RELIEF FROM LIABILITY
AND INDEMNIFICATION. (a) Except as otherwise provided in this section, a second-trust instrument
may not relieve an authorized fiduciary from liability for breach of trust to a greater extent
than the first-trust instrument. (b) A second-trust instrument may provide for indemnification
of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity
under the first trust for any liability or claim that would have been payable from the first
trust if the decanting power had not been exercised. (c) A second-trust instrument may not
reduce fiduciary liability in the aggregate. (d) Subject to subsection (c), a second-trust
instrument may divide and reallocate fiduciary powers among fiduciaries, including one or
more trustees, distribution advisors, investment advisors,...
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43-8-1
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 period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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11-104-4
Section 11-104-4 Trustees. (a) A governmental entity or entities may retain as a trustee any
financial institution, committee, association, person, or persons which it deems capable,
competent, experienced, and appropriate for serving in such capacity. (b) The powers and duties
of the trustee shall be evidenced in and determined by the written trust agreement between
the trustee and the governmental entity or entities. (c) The trustee shall cause the annual
financial statements of the trust to be prepared in accordance with generally accepted accounting
principles and an audit by a qualified independent certified accounting firm to be conducted
of those financial statements of each respective trust for each fiscal year in accordance
with generally accepted auditing standards. (d) Reasonable trustee fees and the reasonable
expenses of holding, making, and disposing of investments, such as brokerage commissions,
legal expenses referable to a particular transaction, transfer taxes, and...
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19-3B-602
Section 19-3B-602 Revocation or amendment of revocable trust. (a) Unless the terms of a trust
expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.
This subsection does not apply to a trust created under an instrument executed before January
1, 2007. (b) If a revocable trust is created or funded by more than one settlor, then: (1)
to the extent the trust consists of community property, the trust may be revoked by either
spouse acting alone but may be amended only by joint action of both spouses; (2) to the extent
the trust consists of property other than community property, each settlor may revoke or amend
the trust with regard to the portion of the trust property attributable to that settlor's
contribution; and (3) upon the revocation or amendment of the trust by fewer than all of the
settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.
(c) The settlor may revoke or amend a revocable trust: (1) by...
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