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26-2A-157
Section 26-2A-157 Personal liability of conservator. (a) Unless otherwise provided in the contract,
a conservator is not personally liable on a contract properly entered into in fiduciary capacity
in the course of administration of the estate unless the conservator fails to reveal the representative
capacity and identify the estate in the contract. (b) The conservator is personally liable
for obligations arising from ownership or control of property of the estate or for torts committed
in the course of administration of the estate only if personally at fault. (c) Claims based
on (i) contracts entered into by a conservator in fiduciary capacity, (ii) obligations arising
from ownership or control of the estate, or (iii) torts committed in the course of administration
of the estate, may be asserted against the estate by proceeding against the conservator in
fiduciary capacity, whether or not the conservator is personally liable therefor. (d) Any
question of liability between the estate...
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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
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19-3B-1010
Section 19-3B-1010 Limitation on personal liability of trustee. (a) Except as otherwise provided
in the contract, a trustee is not personally liable on a contract properly entered into in
the trustee's fiduciary capacity in the course of administering the trust if the trustee in
the contract disclosed the fiduciary capacity. (b) A trustee is personally liable for torts
committed in the course of administering a trust, or for obligations arising from ownership
or control of trust property, including liability for violation of environmental law, but
only if the trustee, the trustee's employee, or the trustee's agent is personally at fault.
(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity,
on an obligation arising from ownership or control of trust property, or on a tort committed
in the course of administering a trust, may be asserted in a judicial proceeding against the
trustee in the trustee's fiduciary capacity, whether or not the trustee...
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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19-3B-1011
Section 19-3B-1011 Interest as general partner. (a) Except as otherwise provided in subsection
(c) or unless personal liability is imposed in the contract, a trustee who holds an interest
as a general partner in a general or limited partnership is not personally liable on a contract
entered into by the partnership after the trust's acquisition of the interest if the fiduciary
capacity was disclosed in the contract or in a statement previously filed pursuant to Chapter
8A or Chapter 9B of Title 10. (b) Except as otherwise provided in subsection (c), a trustee
who holds an interest as a general partner is not personally liable for torts committed by
the partnership or for obligations arising from ownership or control of the interest unless
the trustee is personally at fault. (c) The immunity provided by this section does not apply
if an interest in the partnership is held by the trustee in a capacity other than that of
trustee or is held by the trustee's spouse or one or more of the...
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19-3B-802
Section 19-3B-802 Duty of loyalty. (a) A trustee shall administer the trust solely in the interests
of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee
as provided in Section 19-3B-1012, a sale, encumbrance, or other transaction involving the
investment or management of trust property entered into by the trustee for the trustee's own
personal account or which is otherwise affected by a conflict between the trustee's fiduciary
and personal interests is voidable by a beneficiary affected by the transaction unless: (1)
the transaction was authorized by the terms of the trust; (2) the transaction was approved
by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed
by Section 19-3B-1005; (4) the beneficiary consented to the trustee's conduct, ratified the
transaction, or released the trustee in compliance with Section 19-3B-1009; or (5) the transaction
involves a contract entered into or claim acquired by...
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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except as
restricted or otherwise provided by the will or by an order of court and subject to the priorities
stated in Section 43-8-76, a personal representative, acting prudently for the benefit of
the interested persons, may properly: (1) Retain assets owned by the decedent pending distribution
or liquidation including those in which the representative is personally interested or which
are otherwise improper for trust investment. (2) Receive assets from fiduciaries, or other
sources. (3) Perform, compromise, or refuse performance of the decedent's contracts that continue
as obligations of the estate, as the personal representative may determine under the circumstances.
In performing enforceable contracts by the decedent to convey or lease land, the personal
representative, among other possible courses of action, may do either of the following: a.
Execute and deliver a deed of conveyance for cash...
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22-32-1
Section 22-32-1 Enactment of Southeast Interstate Low-Level Radioactive Waste Management Compact.
The Southeast Interstate Low-Level Radioactive Waste Management Compact is hereby enacted
into law and entered into by the State of Alabama with any and all states legally joining
therein in accordance with its terms, in the form substantially as follows: SOUTHEAST INTERSTATE
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Article I. Policy and Purpose There is hereby
created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party
states recognize and declare that each state is responsible for providing for the availability
of capacity either within or outside the state for the disposal of low-level radioactive waste
generated within its borders, except for waste generated as a result of defense activities
of the federal government or federal research and development activities. They also recognize
that the management of low-level radioactive waste is handled most...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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35-5A-18
Section 35-5A-18 Claims against custodial property; personal liability of custodian and minor.
(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity,
(2) an obligation arising from the ownership or control of custodial property, or (3) a tort
committed during the custodianship, may be asserted against the custodial property by proceeding
against the custodian in the custodial capacity, whether or not the custodian or the minor
is personally liable therefor. (b) A custodian is not personally liable: (1) On a contract
properly entered into in the custodial capacity unless the custodian fails to reveal that
capacity and to identify the custodianship in the contract; or (2) For an obligation arising
from control of custodial property or for a tort committed during the custodianship unless
the custodian is personally at fault. (c) A minor is not personally liable for an obligation
arising from ownership of custodial property or for a tort committed...
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