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40-18-25.1
Section 40-18-25.1 Estates and trusts - Exemptions. (a) Trusts shall be exempt from the tax
imposed by this chapter if they are exempt from federal income tax under 26 U.S.C. § 501
(relating to exempt organizations), § 401 (relating to pension and profit sharing trusts),
§ 408 and § 408A (relating to individual retirement accounts and individual retirement annuities),
§ 530 (relating to Coverdell education savings accounts), or § 664 (relating to charitable
remainder trusts). The foregoing exemption shall not apply, however, to any entity that is
not exempt from federal income tax by reason of 26 U.S.C. §§ 502 or 503, nor to any income
of an otherwise exempt organization to the extent that such income constitutes "unrelated
business taxable income," as defined in 26 U.S.C. § 512. (b) The taxation of distributions
from a trust described in 26 U.S.C. § 401 that constitutes a "defined contribution plan"
as defined in 26 U.S.C. § 414(i) shall be determined in accordance with 26...
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10A-20-8.01
Section 10A-20-8.01 Definitions. For the purposes of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) AFFILIATED ORGANIZATIONS.
Organizations or boards deriving their powers, functions, funds, and property directly from
the parent organization, as defined in this section, or from its law-making body and does
not mean organizations or boards organized under or answerable to any state organization,
board, convention, or authority constituting a branch of the parent organization. (2) CHANGE
OF SOCIAL POLICIES. Any substantial and material change in or departure from the rules, social
creed, jurisdictional system, authoritative pronouncements, or other fraternal law relating
to the social standards, practices, or policies of the parent organization or its affiliated
institutions, as the same existed at the time of affiliation or merger of the local organization,
and which change is contrary to the way of life of the majority...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court
authorization. The court, in lieu of sureties on a bond, may accept other collateral for the
performance of the bond, including a pledge of securities or any other assets or a mortgage
of land. (b) The court may at any time reduce the bond of the conservator or require the conservator
to provide additional or larger bond as may seem to be proper...
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43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator
to furnish bond payable to the judge of probate conditioned upon faithful discharge of all
duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income, and
minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
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19-3B-902
Section 19-3B-902 Standard of care; portfolio strategy; risk and return objectives. (a) A trustee
shall invest and manage trust assets as a prudent investor would, by considering the purposes,
terms, distribution requirements, and other circumstances of the trust. In satisfying this
standard, the trustee shall exercise reasonable care, skill, and caution. (b) A trustee's
investment and management decisions respecting individual assets must be evaluated not in
isolation but in the context of the trust portfolio as a whole and as a part of an overall
investment strategy having risk and return objectives reasonably suited to the trust. (c)
Among circumstances that a trustee may consider in investing and managing trust assets are
such of the following as are relevant to the trust or its beneficiaries: (1) general economic
conditions; (2) the possible effect of inflation or deflation; (3) the expected tax consequences
of investment decisions or strategies; (4) the role that each investment...
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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under this
chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN. A
person so designated under Section 35-5A-10 or a successor or...
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43-8-70
Section 43-8-70 Right of surviving spouse to elective share. (a) If a married person domiciled
in this state dies, the surviving spouse has a right of election to take an elective share
of the estate. The elective share shall be the lesser of: (1) All of the estate of the deceased
reduced by the value of the surviving spouse's separate estate; or (2) One-third of the estate
of the deceased. (b) The "separate estate" of the surviving spouse shall include:
(1) All property which immediately after the death of the decedent is owned by the spouse
outright or in fee simple absolute; (2) All legal and equitable interests in property the
possession or enjoyment of which are acquired only by surviving the decedent; and (3) All
income and other beneficial interests: a. Under a trust; b. In proceeds of insurance on the
life of the decedent; and c. Under any broad-based nondiscriminatory pension, profit-sharing,
stock bonus, deferred compensation, disability, death benefit or other such plan...
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5-11A-32
Section 5-11A-32 Notice of transfer. (a) Within 30 days after the date of the transfer of the
fiduciary accounts, the transferor shall send written notice by first class mail to the last
known address (as then set forth on the records of the transferor, or if not set forth, as
may be determined by the transferor in the exercise of reasonable diligence) of the following
persons or entities: (1) For employee benefit plans, to the plan sponsors. (2) For individual
retirement accounts and retirement accounts for the self-employed, to the account owners.
(3) For agency and escrow accounts, to the principals. (4) For securities for which a transferor
bank serves as trustee, registrar, transfer agent or paying agent, to the issuers. (5) For
revocable trusts under agreement, to the settlors. (6) For irrevocable trusts under agreement,
to any co-fiduciary, to the settlor, to each current income beneficiary who is an adult, and
if a current income beneficiary is a minor, to a parent of the minor...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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30-2-56
Section 30-2-56 Interim alimony. (a)(1) In an action for divorce, legal separation, or annulment,
the court may award either spouse interim alimony based upon a showing of all of the following:
a. The spouse maintains the validity of the marriage. b. The spouse needs interim alimony,
after taking into consideration any other financial contributions provided by the other spouse
pursuant to other interim orders of the court. c. The other spouse has the ability to pay
interim alimony. (2) An award under subdivision (1) may be made retroactive to the date of
the filing of the complaint. The amount awarded shall be based on the applicable factors for
awarding rehabilitative or periodic alimony as established in subsections (d), (e), and (f)
of Section 30-2-57. (b) An order awarding interim alimony may be terminated or prospectively
modified at any time prior to the entry of a final judgment for good cause shown. In case
of an emergency, the court may order or prospectively modify interim...
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