43-8-71
Section 43-8-71 Right of election personal to surviving spouse. The right of election of the surviving spouse may be exercised only by the surviving spouse during his lifetime. If a guardian, custodian, curator, or conservator has been appointed for the surviving spouse, the right of election may be exercised only by order of the court upon petition of the fiduciary or upon the court's own initiative, after finding that exercise is necessary to provide adequate support for the surviving spouse during his probable life expectancy. (Acts 1982, No. 82-399, §2-203.)...
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5-9A-3
Section 5-9A-3 Publication of reorganization plan. Upon the filing of such report and petition, the court shall order notice to be given to all parties in interest by publication in some newspaper published in the county where the principal business office of such bank is located once a week for two consecutive weeks, which notice shall set forth substantially the plan of such reorganization and require all parties in interest to appear at a specified time either to consent to or protest against the plan for such reorganization. (Acts 1980, No. 80-658, §5-9-3.)...
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10A-5A-5.03
Section 10A-5A-5.03 Charging order. (a) On application to a court of competent jurisdiction by any judgment creditor of a member or transferee, the court may charge the transferable interest of the judgment debtor with payment of the unsatisfied amount of the judgment with interest. To the extent so charged and after the limited liability company has been served with the charging order, the judgment creditor has only the right to receive any distribution or distributions to which the judgment debtor would otherwise be entitled in respect of the transferable interest. (b) A limited liability company, after being served with a charging order and its terms, shall be entitled to pay or deposit any distribution or distributions to which the judgment debtor would otherwise be entitled in respect of the charged transferable interest into the hands of the clerk of the court so issuing the charging order, and the payment or deposit shall discharge the limited liability company and the judgment...
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12-11-41
Section 12-11-41 Removal of administration of estates from probate court. The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assigning any special equity; and an order of removal must be made by the court, upon the filing of a sworn petition by any such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed and that, in the opinion of the petitioner, such estate can be better administered in the circuit court than in the probate court. (Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)...
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12-17-110
Section 12-17-110 Office of register not to be filled when vacancy occurs; reappointment of registers holding office on October 10, 1975; removal of registers. (a) Vacancies. - When the position of register in any circuit court becomes vacant upon the death, resignation, retirement or inability of the incumbent to satisfy the conditions for reappointment specified in subsection (b) of this section, the vacancy shall not be filled, and the responsibilities and authority of the register shall become the responsibilities and authority of the clerk of the circuit court for the county where the register served. (b) Reappointment. - A register who: (1) Holds office on October 10, 1975, and (2) Is not eligible to retire and receive retirement compensation by reason of age and years of service or by provision of any retirement program in effect on January 17, 1977, may be reappointed for terms of six years, but no register shall be reappointed after completion of any term during which he...
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26-13-1
Section 26-13-1 When authorized; procedure generally. The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other: (1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he or she is the guardian of such minor. (2) Whenever any such minor, having no father, mother, or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor. (3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for...
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26-2A-116
Section 26-2A-116 Notice requirements. (a) Except as provided under subsection (b), provided the relative has supplied the guardian with his or her current contact information, the guardian shall as soon as practicable inform relatives of any of the following: (1) The ward dies. (2) The ward is admitted to a medical facility for acute or chronic care for a period of three days or more. (3) The ward's residence has changed. (4) The ward is staying at a location other than the ward's residence for a period that exceeds one calendar week. (5) In the case of the ward's death, the guardian shall inform relatives of any funeral arrangements and the location of the ward's final resting place. (b) The court shall relieve a guardian of the duty to provide notice to a relative under this division, if the court finds that: (1) The relative entitled to notice about the ward has submitted a written request to the guardian electing not to receive notice about a ward's health and residence. (2) A...
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26-2A-131
Section 26-2A-131 Protective proceedings; jurisdiction of business affairs of protected persons. Subject to Section 26-2A-31, after the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; and (2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the protected person, the protected person's dependents, or other claimants. (Acts 1987, No. 87-590, p. 975, §2-302; Act 2010-500, p. 782, §2.)...
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26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian; certification of copy thereof to veterans' administration; notice of hearing thereon. Every guardian who shall receive on account of his or her ward any moneys from the administration shall file with the court annually on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys so received by him or her and of all disbursements thereof, showing the balance thereof in his or her hands at the date of such account and how invested, including a complete descriptive itemization of all investments, and must submit to the court for its examination all securities and evidences of debt belonging to the ward, and the decree of the court passing the settlement must recite that all securities and evidences of debt due the ward have been presented to and examined by the court; provided, that in the...
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30-3-6.1
Section 30-3-6.1 Rebate of interest on delinquent child support payments. (a) Notwithstanding any other provision of law regarding post-judgment interest, the parent responsible for making child support payments who has been delinquent in making the payments may petition the court that entered the order for child support or the appropriate court pursuant to Sections 30-3A-101 to 30-3A-906, inclusive, for a rebate of interest when any of the following conditions have been met: (1) The parent has paid the past due amount and has paid the current child support payments for 12 months before petitioning the court. (2) The parent has entered into a repayment agreement, has made all payments on the agreement for at least 12 months, and has paid the current child support payments for 12 months before petitioning the court. (b) Before a court may order a rebate of interest, each party to whom interest is owed must agree in writing to the rebate of interest and the amount of interest rebated. A...
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