|
19-3B-202
Section 19-3B-202 Jurisdiction over trustee and beneficiary. (a) A trustee submits personally
to the jurisdiction of the courts of this state regarding any matter involving a trust: (1)
by accepting the trusteeship of a trust whose settlor was a resident of this state at the
time of the trust's creation, or in the case of testamentary trusts, the settlor was a resident
of this state at death; (2) by accepting the trusteeship of a trust having its principal place
of administration in this state; or (3) by moving the principal place of administration of
the trust to this state. Notwithstanding the foregoing, subsection (a)(1) shall not apply
if the settlor designates the law of a jurisdiction other than this state to govern the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its
principal place of administration in this state are subject to the jurisdiction of the courts
of this state regarding any matter involving the trust. By accepting a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-202.htm - 1K - Match Info - Similar pages
19-3B-807
Section 19-3B-807 Delegation by trustee. (a) A trustee may delegate duties and powers that
a prudent trustee could properly delegate under the circumstances. The trustee shall exercise
reasonable care, skill, and caution in: (1) selecting an agent; (2) establishing the scope
and terms of the delegation, consistent with the purposes and terms of the trust; and (3)
periodically reviewing the agent's actions in order to monitor the agent's performance and
compliance with the terms of the delegation. (b) In performing a delegated function, an agent
owes a duty to the trust to exercise reasonable care, skill, and caution to comply with the
terms of the delegation. (c) A trustee who complies with subsection (a) is not liable to the
beneficiaries or to the trust for an action of the agent to whom the function was delegated.
(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject
to the law of this state, an agent submits to the jurisdiction of the courts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-807.htm - 1K - Match Info - Similar pages
19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-816.htm - 10K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-108.htm - 4K - Match Info - Similar pages
19-3B-203
Section 19-3B-203 Subject matter jurisdiction. (a) Except as provided in subsection (b), the
circuit court has exclusive jurisdiction of proceedings in this state brought by a trustee
or beneficiary concerning the administration of a trust. (b) A probate court granted statutory
equitable jurisdiction has concurrent jurisdiction with the circuit court in any proceeding
involving a testamentary or inter vivos trust. (Act 2006-216, p. 314, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-203.htm - 763 bytes - Match Info - Similar pages
19-3B-201
Section 19-3B-201 Role of court in administration of trust. (a) The court may intervene in
the administration of a trust to the extent its jurisdiction is invoked by an interested person
or as provided by law. (b) A trust is not subject to continuing judicial supervision unless
ordered by the court. (c) A judicial proceeding involving a trust may relate to any matter
involving the trust's administration, including a request for instructions and an action to
declare rights. (d) A judicial proceeding involving a trust may relate to any matter involving
the trust's administration, including, but not being limited to a proceeding to: (1) request
instructions; (2) determine the existence or nonexistence of any immunity, power, privilege,
duty or right; (3) approve a nonjudicial settlement; (4) interpret or construe the terms of
the trust; (5) determine the validity of a trust or of any of its terms; (6) approve a trustee's
report or accounting or compel a trustee to report or account; (7)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-201.htm - 2K - Match Info - Similar pages
19-3B-103
which is exercisable by another person only upon consent of the trustee or a person holding
an adverse interest. (12) PRESUMPTIVE REMAINDER BENEFICIARY means a person who would be entitled
to the principal of a trust if the income interest were immediately terminated, and if a trust
contains a power of appointment, then the holder of such power of appointment shall also be
a presumptive remainder beneficiary. (13) PROPERTY means anything that may be the subject
of ownership, whether real or personal, legal or equitable, or any interest therein.
Property includes choses in action, claims, and interests created by beneficiary designation
under policies of insurance, financial instruments and deferred compensation and other retirement
arrangements, whether revocable or irrevocable. (14) QUALIFIED BENEFICIARY means a living
beneficiary who, on the date the beneficiary's qualification is determined: (A) is a distributee
or permissible distributee of trust income or principal; (B) would be a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-103.htm - 5K - Match Info - Similar pages
19-3B-204
Section 19-3B-204 Venue. (a) Except as otherwise provided in subsection (b), venue for actions
and proceedings involving a trust is proper (i) in any county where venue is proper for civil
actions generally, pursuant to Title 6, Chapter 3; (ii) in the county of this state where
the trust has its principal place of administration; or (iii) in the case of a trust whose
principal place of administration is in a jurisdiction other than this state, in the county
where the settlor resided at the creation of the trust, or in the case of a testamentary trust,
where the settlor's estate was administered. (b) If a trust has no trustee, then venue for
a judicial proceeding for the appointment of a trustee is in a county of this state in which
a beneficiary resides, in a county in which any trust property is located, and if the trust
is created by will, in the county in which the decedent's estate was or is being administered.
(Act 2006-216, p. 314, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-204.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-1.htm - 8K - Match Info - Similar pages
12-19-290
Section 12-19-290 Created; purposes; payments. (a) The Advanced Technology and Data Exchange
Fund is created in the State Treasury. (b) The fund shall consist of all monies paid into
the State Treasury to the credit of the fund pursuant to Section 12-19-181 or by legislative
appropriations, grant, gift, or otherwise. (c) Monies contained in the Advanced Technology
and Data Exchange Fund may be expended to provide for any activities involving the administration
of justice including, but not limited to, the following purposes: (1) Expand methods and means
for collection and disbursement of court-ordered monies through the use of credit cards, electronic
fund transfers, or other means and provide for electronic transfer of records and storage.
(2) Enhance coordination and sharing of data with local, state, and federal agencies, members
of the bar, and the public. (3) Provide equipment for electronically filing cases. (4) Improve
accountability for case filings and dispositions. (5) Train...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-290.htm - 5K - Match Info - Similar pages
|