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35-5A-2
court. (6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under
this chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN.
A person so designated under Section 35-5A-10 or a successor or substitute custodian designated
under Section 35-5A-19. (8) FINANCIAL INSTITUTION. A bank, trust company, savings institution,
or credit union, chartered and supervised under state or federal law. (9) LEGAL REPRESENTATIVE.
An individual's personal representative or conservator. (10) MEMBER OF THE MINOR'S
FAMILY. The minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt,
whether of the whole or half blood or by adoption. (11) MINOR. An individual who has not attained
the age of 21 years. (12) PERSON. An individual, corporation, organization, or other legal
entity. (13) PERSONAL REPRESENTATIVE. An executor, administrator, successor personal
representative, or special administrator of a decedent's estate or a...
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43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal
of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take
his elective share by filing with the court and mailing or delivering to the personal
representative, if any, a petition for the elective share within six months after the date
of death, or within six months after the probate of the decedent's will, whichever limitation
last expires. The court may extend the time for election for cause shown by the surviving
spouse before the time for election has expired. (b) The surviving spouse shall give notice
of the time and place set for hearing to persons interested in the estate whose interests
will be adversely affected by the taking of the elective share. (c) The surviving spouse may
withdraw his demand for an elective share at any time before entry of a final determination
by the court. (d) After notice and hearing, the court shall determine the amount...
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26-9-16
Section 26-9-16 Discharge of guardian. When a minor ward for whom a guardian has been appointed
shall have attained his or her majority and has not been found incompetent and when any incompetent
ward has been rated competent by the administration, a certificate of the administrator or
his or her duly authorized representative to that effect shall be prima facie evidence that
a guardian is no longer required and the court, upon the guardian filing a satisfactory final
account, may discharge such guardian upon a petition filed for that purpose. Nothing contained
in this section shall be construed to prevent a ward from filing a petition for the discharge
of his or her guardian on the ground that the ward has attained majority or is competent or
the court from acting on its own motion in such cases. (Acts 1931, No. 240, p. 280; Code 1940,
T. 21, §176.)...
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43-2-558
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead,
his personal representative or, in event of his removal from the state, his sureties
appear and file his accounts and vouchers for settlement and pay such costs as have accrued
upon the proceedings had under sections 43-2-555 through 43-2-557, the court may set aside
such decree and proceed as if none had been rendered. (Code 1886, §2181; Code 1896, §249;
Code 1907, §2700; Acts 1923, No. 492, p. 655; Code 1923, §5933; Code 1940, T. 61, §328.)...
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19-1A-2
or liability is itself an electronic record. (11) "Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities. (12) "Electronic communication" has the meaning set forth in 18 U.S.C.
Section 2510(12), as amended. (13) "Electronic-communication service" means a custodian
that provides to a user the ability to send or receive an electronic communication. (14) "Fiduciary"
means an original, additional, or successor personal representative, conservator, agent,
or trustee. (15) "Good faith" means honesty in fact and reasonable under the circumstances.
(16) "Information" means data, text, images, videos, sounds, codes, computer programs,
software, databases, or the like. (17) "Online tool" means an electronic service
provided by a custodian that allows the user, in an agreement distinct from the terms-of-service
agreement between the custodian and user, to provide directions for disclosure or nondisclosure
of...
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19-1A-7
Section 19-1A-7 (Effective January 1, 2018) Disclosure of content of electronic communications
of deceased user. If a deceased user consented or a court directs disclosure of the contents
of electronic communications of the deceased user, the custodian shall disclose to the personal
representative of the estate of the user the content of an electronic communication sent or
received by the user if the representative gives the custodian: (1) a written request for
disclosure in physical or electronic form; (2) a copy of the death certificate of the user;
(3) a copy of letters testamentary, letters of administration, or court order; (4) unless
the user provided direction using an online tool, a copy of the user's will, trust, power
of attorney, or other record evidencing the user's consent to disclosure of the content of
electronic communications; and (5) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by the...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if
all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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43-2-552
Section 43-2-552 Decree for balance - Generally. If there remains any act of administration
to be done, other than making settlement and distribution or payment of legacies, and there
is a remaining or succeeding executor or administrator, a decree must be rendered in his favor
for the amount found due on such settlement, and for the delivery of any personal property
in the hands of the executor or administrator whose authority has ceased or, if dead, of his
personal representative; but if more than six months have elapsed from the original
grant of letters and there remains no other act of administration to be done than making distribution
or payment of legacies, and the estate is solvent, the court must at once proceed to decree
distribution or payment of legacies directly to those entitled; or, if in the case last mentioned,
there are money assets in the hands of the outgoing executor or administrator, or, if dead,
of his personal representative, in excess of a sum sufficient for...
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26-2A-136
over the estate and business affairs which the person could exercise if present and not under
disability, except the power to make a will. Subject to subsection (c), those powers include,
but are not limited to, power to make gifts; to convey or release contingent and expectant
interests in property, including marital property rights and any right of survivorship incident
to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected
person as trustee, personal representative, custodian for minors, conservator, or donee
of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts
of property of the estate which may extend beyond the disability or life of the protected
person; to exercise options of the protected person to purchase securities or other property;
to exercise rights to elect options and change beneficiaries under insurance and annuity policies
and to surrender the policies for their cash value; to...
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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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