|
19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-103.htm - 5K - Match Info - Similar pages
35-6-40
Section 35-6-40 Property subject to partition; by whom application made. Any property, real,
personal or mixed, held by joint owners or tenants in common, may be divided among them, on
the written application of one or more of them to the probate court of the county in which
the property is situated; and such application may be made by the executor or administrator
of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
(Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161;
Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-40.htm - 952 bytes - Match Info - Similar pages
35-6-58
Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made;
where sale held; record of decrees. Any property, real or personal, held by joint owners or
tenants in common, on the written application of any one or more of them, may be decreed to
be sold by the probate court of the county in which such property is situated, or, in case
of land lying in different counties, of either of such counties, whether such lands are adjacent
or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding
they, or any of them, are infants or persons of unsound mind, and the application may be made
by the executor or administrator of a deceased person in interest, or by the guardian of a
minor or person of unsound mind. Such lands shall be sold in the county where the decree is
rendered, unless otherwise directed by order of the court, upon rendition of the final decree
ordering such sale. The decree of sale and the decree...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-58.htm - 1K - Match Info - Similar pages
35-6-89
Section 35-6-89 Sale void unless to advantage of ward and confirmed by court. (a) If, on the
hearing of the report of sale by the guardian, it shall appear to the court that the sale
of any parcel of land or realty therein set forth is not to the advantage of the ward whose
interest is so sold, the court shall order such sale set aside, whereupon the same shall become
wholly void. (b) No sale or conveyance of lands under this article shall be valid to divest
the title of the minor or person of unsound mind on whose behalf it is made, unless such sale
or conveyance shall be confirmed as provided in this article. (Code 1907, §5262; Code 1923,
§9366; Code 1940, T. 47, §228.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-89.htm - 1007 bytes - Match Info - Similar pages
12-12-30
Section 12-12-30 Civil jurisdiction generally. The original civil jurisdiction of the district
court of Alabama shall be uniform throughout the state, concurrent with the circuit court,
except as otherwise provided, and shall include all civil actions in which the matter in controversy
does not exceed twenty thousand dollars ($20,000), exclusive of interest and costs, and civil
actions based on unlawful detainer; except, that the district court shall not exercise jurisdiction
over any of the following matters: (1) Actions seeking equitable relief other than: a. Equitable
questions arising in juvenile cases within the jurisdiction of the district court. b. Equitable
defenses asserted or compulsory counterclaims filed by any party in any civil action within
the jurisdiction of the district court. (2) Any actions enumerated in Rule 81 of the Alabama
Rules of Civil Procedure other than any of the following: a. Actions based in negligence against
municipalities. b. Actions seeking...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-12-30.htm - 1K - Match Info - Similar pages
35-6-87
Section 35-6-87 Report of payment; order for conveyance. Within 30 days after receiving full
payment for the interest of his ward in any land or realty so sold, such sale having been
confirmed under the provisions of this article, the guardian of such ward must report such
payment under oath to the court and apply for an order to make a proper conveyance of such
interest to the purchaser. The court must examine such report and may also examine witnesses
in relation thereto; if, upon such examination, it is satisfied that such payment has been
made, it must make an order for such conveyance to be made by said guardian or by some other
person, appointed by the court conveying all right, title, and interest of such ward in such
land or realty at the time of such sale thereof. (Code 1907, §5260; Code 1923, §9364; Code
1940, T. 47, §226.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-87.htm - 1K - Match Info - Similar pages
22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be entered
into information systems; civil review. (a)(1) Upon any finding that a defendant is insane,
mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter
16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward
the order of the finding to the Alabama Law Enforcement Agency and the order shall be entered
in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency
in the manner as the Alabama Justice Information Center Commission shall provide. (2) The
Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order in the
National Instant Criminal Background Check System (NICS) and the information shall be entered
into the NICS Index Denied Persons File. (3) The records maintained pursuant to this section
shall only be used for purposes of determining eligibility to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.9.htm - 3K - Match Info - Similar pages
35-5A-19
Section 35-5A-19 Renunciation, resignation, death or removal of custodian; designation of successor
custodian. (a) A person nominated under section 35-5A-4 or designated under section 35-5A-10
as custodian may decline to serve by delivering a valid disclaimer to the person who made
the nomination or to the transferor or the transferor's legal representative or by effecting
a valid disclaimer in the manner that interests in property may be disclaimed under the Alabama
Uniform Disclaimer of Property Interests Act. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and eligible to serve was nominated under
section 35-5A-4, the person who made the nomination may nominate a substitute custodian under
section 35-5A-4; otherwise the transferor or the transferor's legal representative shall designate
a substitute custodian at the time of the transfer, in either case from among the persons
eligible to serve as custodian for that kind of property...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-5A-19.htm - 3K - Match Info - Similar pages
43-2-506
Section 43-2-506 Settlement by consent without notice. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration with the will annexed
granted in this state and all legatees and distributees named in the will are of age and proof
is made that all legal charges against the estate have been paid in full, the probate court,
upon verified petition of the personal representative consented to by written instrument properly
executed and acknowledged by all legatees and distributees, may approve a consent settlement
without notice or publication or posting. In any case in which an administration is conducted
pursuant to letters testamentary or letters of administration granted in this state and such
administration in this state is ancillary to a primary administration in another state, and
proof is made that all legal charges against the estate in this state have been paid in full
and the balance of the assets of the estate in this state...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-506.htm - 2K - Match Info - Similar pages
5-5A-40
Section 5-5A-40 Disposition of deposit in trust for another upon death of trustee. Whenever
any deposit shall be made in any bank by any person in trust for another and no other or further
notice of the existence and terms of a legal and valid trust shall have been given in writing
to and received by the bank, in the event of the death of the trustee, such deposit or any
part thereof, together with any interest thereon, may be paid to the person for whom said
deposit was made, whether a minor or adult, and the receipt or acquittance of such person
shall fully relieve and release said bank from all liability. (Acts 1980, No. 80-658, §5-5-40.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-40.htm - 956 bytes - Match Info - Similar pages
|