26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-45.htm - 1K - Match Info - Similar pages

26-5-1
Section 26-5-1 Jurisdiction. The court of probate from which the appointment of a conservator
is derived has jurisdiction of the settlement, partial or final, of the accounts of the conservator.
(Code 1886, §2453; Code 1896, §2338; Code 1907, §4428; Code 1923, §8201; Code 1940, T.
21, §128; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-1.htm - 665 bytes - Match Info - Similar pages

26-5-16
Section 26-5-16 Compensation of conservator - Commissions generally; allowances for actual
expenses and for special or extraordinary services rendered; premiums on bond. A conservator
is entitled for his or her services to reasonable compensation. On final settlement, an allowance
must be made of actual expenses necessarily incurred by him or her and, for special or extraordinary
services rendered, such compensation must be allowed the conservator as is just, but no allowance
of actual expenses or for special or extraordinary services must be made except upon an itemized
account, verified by affidavit, of such expenses or of such special or extraordinary services,
and in its decree the court must state each item for such services for which compensation
is allowed. The conservator shall be allowed all reasonable premiums paid on his or her bond
as conservator. (Code 1886, §2465; Code 1896, §2350; Code 1907, §4440; Code 1923, §8213;
Code 1940, T. 21, §143; Acts 1987, No. 87-590, p....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-16.htm - 1K - Match Info - Similar pages

26-5-32
Section 26-5-32 Partial settlement generally - Issuance of process requiring conservator to
make partial settlement; taxing of costs. If a conservator fails to make a partial settlement
as often as such settlement is required of him or her, the court must issue process to him
or her, requiring him or her to make such settlement, and all the costs thereof and of the
process must be taxed against him or her personally and must not be charged against the ward
or his or her estate, unless he or she appears in answer to the process and shows a satisfactory
excuse for his or her failure and files his or her accounts and vouchers for such settlement.
(Code 1886, §2469; Code 1896, §2354; Code 1907, §4444; Code 1923, §8217; Code 1940, T.
21, §147; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-32.htm - 1K - Match Info - Similar pages

26-5-35
Section 26-5-35 Proceedings upon failure of conservator to obey process to appear and file
accounts and vouchers. If a conservator fails to obey any process requiring him or her to
appear and file his or her accounts and vouchers for a final or partial settlement, the court
of probate may, by attachment, compel his or her appearance and may, if on appearance he or
she refuses to file such accounts and vouchers or to show good cause for his or her omission,
imprison him or her for a period not exceeding six months. (Code 1886, §2472; Code 1896,
§2357; Code 1907, §4447; Code 1923, §8220; Code 1940, T. 21, §150; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-35.htm - 990 bytes - Match Info - Similar pages

19-3B-205
Section 19-3B-205 Judicial accountings and settlements. (a) A trustee may file an accounting
of the trustee's administration of a trust in court at any time and seek a partial or final
settlement thereof or, upon petition of an interested party, a court may order a trustee to
render an accounting of the trustee's administration of a trust and require a partial or final
settlement thereof. Notice of such judicial proceeding shall be provided to the trustee and
each beneficiary, or representative thereof pursuant to Article 3, as provided by the applicable
rules of civil procedure. (b) A trust accounting must be a reasonably understandable report
from the date of the last accounting or, if none, from the date upon which the trustee became
accountable, or other such date the court may set, which provides reasonable detail of the
transactions affecting the administration of the trust, and which adequately discloses the
following information: (1) The accounting must identify the trust, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-205.htm - 2K - Match Info - Similar pages

43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-517.htm - 1K - Match Info - Similar pages

10A-5-6.04
Section 10A-5-6.04 Death or incompetency of member. REPEALED IN THE 2014 REGULAR SESSION BY
ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as otherwise provided in the governing
documents: (1) If a member who is an individual dies or if a court of competent jurisdiction
adjudges a member to be incompetent to manage the member's person or property, the member's
personal representative, conservator, legal representative, heirs, or legatees may exercise
all the member's financial rights for the purpose of settling the member's estate or administering
the member's property, including any power the member had to transfer the membership interest.
(2) If a member is a corporation, limited liability company, trust, general partnership, limited
partnership, registered limited liability partnership, custodianship, or other entity and
is dissolved or terminated, the financial rights of that member may be exercised by the legal
representative or successor of that member. (b) The personal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5-6.04.htm - 2K - Match Info - Similar pages

19-3B-111
Section 19-3B-111 Nonjudicial settlement agreements. (a) For purposes of this section, "interested
persons" means persons whose consent would be required in order to achieve a binding
settlement were the settlement to be approved by the court. (b) Except as otherwise provided
in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement
with respect to any matter involving a trust. (c) A nonjudicial settlement agreement is valid
only to the extent it does not violate a material purpose of the trust and includes terms
and conditions that could be properly approved by the court under this chapter or other applicable
law. (d) Matters that may be resolved by a nonjudicial settlement agreement include: (1) the
interpretation or construction of the terms of the trust; (2) the approval of a trustee's
report or accounting; (3) direction to a trustee to refrain from performing a particular act
or the grant to a trustee of any necessary or desirable power; (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-111.htm - 1K - Match Info - Similar pages

19-3B-303
Section 19-3B-303 Representation by fiduciaries and ancestors. To the extent there is no conflict
of interest between the representative and the person represented or among those being represented
with respect to a particular question or dispute: (1) a conservator may represent and bind
the estate that the conservator controls; (2) a guardian may represent and bind the ward if
a conservator of the ward's estate has not been appointed; (3) an agent having authority to
act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal representative
of a decedent's estate may represent and bind persons interested in the estate; and (6) a
parent or other direct ancestor may represent and bind the minor or unborn issue if a conservator
or guardian for the issue has not been appointed. (Act 2006-216, p. 314, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-303.htm - 1K - Match Info - Similar pages