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19-3B-508
Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this section:
(1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation, assignment
at law or in equity, alienation, attachment, garnishment, levy, execution, or other legal
or equitable process. The term includes: (i) any arrangement providing for the payment to
the employer or other sponsor of such plan of benefits that otherwise would be due the participant
under the plan; (ii) any direct or indirect arrangement, whether revocable or irrevocable,
whereby any person acquires from a participant or beneficiary of such plan a right or interest
enforceable against the plan in, or to, all or any part of a plan benefit which is, or may
become, payable to the participant or beneficiary; (iii) any attachment, execution, seizure,
or the like, or under any form of legal process whatsoever; and (iv) the operation of any
bankruptcy or insolvency laws under 11 U.S.C. § 522(b) as from...
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26-9-11
Section 26-9-11 Application of estate for support and maintenance of person other than ward.
A guardian shall not apply any portion of the estate of his or her ward for the support and
maintenance of any person other than his or her ward, except upon order of the court after
a hearing, notice of which has been given the proper office of the administration in the manner
provided in Section 26-9-14. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §173.)...
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27-42-20
Section 27-42-20 Access to assets of insolvent insurer; application for court approval of plan
to disburse assets; notice of application. (a) Within 120 days of a final determination of
insolvency of an insurance company by a court of competent jurisdiction the receiver shall
make application to the said court for approval of a proposal to disburse assets out of such
company's marshalled assets, from time to time as such assets become available, to the Alabama
Insurance Guaranty Association and to any entity or person performing a similar function in
another state. (The Alabama Insurance Guaranty Association and any entity or person performing
a similar function in other states shall hereinafter be referred to collectively as the associations.)
(b) Such proposal shall at least include provisions for: (1) Reserving amounts for the payment
of expenses of administration and claims falling within the priorities established in the
Alabama Uniform Insurers Liquidation Act but only with...
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30-4-34
Section 30-4-34 Disposal of interest in real estate by spouse of insane person - Entry of judgment.
If upon the hearing of the evidence the court is of the opinion that the authority sought
to sell, convey, mortgage or otherwise dispose of real estate as if single should be granted,
the court shall enter judgment granting such authority for such a period of time as the court
deems proper. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940,
T. 34, §85.)...
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35-4A-4
Section 35-4A-4 Reformation. Upon the petition of an interested person, a circuit court shall
reform a disposition in the manner that most closely approximates the transferor's manifested
plan of distribution and is within the 100 years allowed by Section 35-4A-2(a)(2), (b)(2),
or (c)(2) or the 360 years allowed by Section 35-4A-5(9) if: (1) a nonvested property interest
or a power of appointment becomes invalid under Section 35-4A-2 (statutory rule against perpetuities);
(2) a class gift is not but might become invalid under Section 35-4A-2 (statutory rule against
perpetuities) and the time has arrived when the share of any class member is to take effect
in possession or enjoyment; or (3) a nonvested property interest that is not validated by
Section 35-4A-2(a)(1) can vest but not within 100 years after its creation or in the case
of a trust which meets the requirements of Section 35-4A-5(9), 360 years of its creation.
(Act 2011-532, p. 880, §1.)...
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45-41-83.12
Section 45-41-83.12 Drug court coordinator; meetings of drug court team; transfer of participants.
(a) Specifically with a drug court program, the board shall hire or contract for an individual
as the drug court coordinator. The drug court coordinator shall be responsible for the general
administration of drug court, with the assistance of the drug court team. The drug court team,
when practicable, shall conduct a meeting prior to each drug court session to discuss and
provide updated information regarding persons who have applied to participate in the program
and regarding persons who are participating in the program. The drug court team shall make
a determination as to the progress of each participant and shall agree on the appropriate
incentive or sanction to be applied to each participant in accordance with the program rules,
policy, and procedure. If the drug court team cannot agree on the appropriate action, the
court shall make the decision based upon information presented in...
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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share
of the amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has
received a written demand by the surviving spouse, a creditor, a child, or a...
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8-26-20
Section 8-26-20 Certificate of convenience where registered person has died, been declared
incompetent, or for whose estate a conservator has been appointed. Repealed by Act 2001-701,
§ 3, effective October 1, 2001. (Acts 1987, No. 87-628, p. 1115, §20.)...
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26-2-45
Section 26-2-45 Procedure generally - Entry of decree, recordation of proceedings and appointment
of conservator by court upon rendition of verdict of jury. If the jury find by their verdict
that the facts alleged in the petition are true and that such person is incapacitated, the
court shall enter a decree accordingly, and must cause the petition and all the proceedings
thereon to be recorded and appoint a suitable conservator of such person. (Code 1852, §2753;
Code 1867, §3192; Code 1876, §2760; Code 1886, §2395; Code 1896, §2260; Code 1907, §4350;
Code 1923, §8108; Code 1940, T. 21, §14; Acts 1982, No. 82-384, p. 561, §2; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property
within state - Authorization. The court of probate of a county in which an incapacitated person
residing without the state may have property, real or personal, requiring the care
of a conservator, may appoint a conservator for the property of such person which may be within
this state if such person has been declared an incapacitated person by a court having jurisdiction
in the state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402;
Code 1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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