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43-2-582
Section 43-2-582 Time for hearing; notice to executor or administrator. The court must appoint
a day for hearing such application, and a citation must be issued and served on the executor
or administrator notifying him of the grounds of such application and of the day appointed
for hearing the same, 10 days before such day. (Code 1852, §1774; Code 1867, §2100; Code
1876, §2477; Code 1886, §2194; Code 1896, §262; Code 1907, §2738; Code 1923, §5977; Code
1940, T. 61, §337.)...
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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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26-8-49
Section 26-8-49 Sale of property to effect removal thereof from state - Application for order
of sale. The application for such order of sale must be in writing, verified by affidavit,
must describe the property sought to be sold and must state the facts showing that the interest
of the minor or incapacitated person would be promoted by the proposed sale. (Code 1896, §2383;
Code 1907, §4473; Code 1923, §8246; Code 1940, T. 21, §118; Acts 1987, No. 87-590, p. 975,
§2-333(b).)...
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35-6-59
Section 35-6-59 Sale instead of partition - Time for hearing. Upon the filing of such application,
setting forth that the property cannot be equitably divided or partitioned, without a sale
thereof, a day must be appointed, not less than 30 days thereafter for hearing the same. (Code
1867, §3121; Code 1876, §3515; Code 1886, §3254; Code 1896, §3179; Code 1907, §5223;
Code 1923, §9323; Code 1940, T. 47, §211.)...
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26-9-2
Section 26-9-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. A partnership, corporation, or an association. (2) ADMINISTRATION. The United
States Veterans' Administration or its successor. (3) ESTATE and INCOME. Such terms include
only moneys received by the guardian from the Veterans' Administration and all earnings, interest,
and profits derived therefrom. (4) BENEFITS. All moneys payable by the United States through
the Veterans' Administration. (5) ADMINISTRATOR. The Administrator of Veterans' Affairs of
the United States Veterans' Administration. (6) WARD. A beneficiary of the administration.
(7) GUARDIAN. Any person acting as a fiduciary for a ward and includes a conservator appointed
under Alabama Uniform Guardianship and Protective Proceedings Act. (Acts 1931, No. 240, p.
280; Code 1940, T. 21, §160; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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35-6-87
Section 35-6-87 Report of payment; order for conveyance. Within 30 days after receiving full
payment for the interest of his ward in any land or realty so sold, such sale having been
confirmed under the provisions of this article, the guardian of such ward must report such
payment under oath to the court and apply for an order to make a proper conveyance of such
interest to the purchaser. The court must examine such report and may also examine witnesses
in relation thereto; if, upon such examination, it is satisfied that such payment has been
made, it must make an order for such conveyance to be made by said guardian or by some other
person, appointed by the court conveying all right, title, and interest of such ward in such
land or realty at the time of such sale thereof. (Code 1907, §5260; Code 1923, §9364; Code
1940, T. 47, §226.)...
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35-6-89
Section 35-6-89 Sale void unless to advantage of ward and confirmed by court. (a) If, on the
hearing of the report of sale by the guardian, it shall appear to the court that the sale
of any parcel of land or realty therein set forth is not to the advantage of the ward whose
interest is so sold, the court shall order such sale set aside, whereupon the same shall become
wholly void. (b) No sale or conveyance of lands under this article shall be valid to divest
the title of the minor or person of unsound mind on whose behalf it is made, unless such sale
or conveyance shall be confirmed as provided in this article. (Code 1907, §5262; Code 1923,
§9366; Code 1940, T. 47, §228.)...
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42-2-6
Section 42-2-6 Conduct of hearing; order granting or refusing application; appeal from grant
or refusal of application. On the day appointed or any other day to which the hearing may
be continued, the court must hear the allegations of the application and any objections which
may be filed to the granting thereof and any legal evidence touching the same, and shall make
an order granting or refusing the application. The hearing herein provided for must in all
respects be conducted and evidence taken as in civil cases, and either party may, by bill
of exception, reserve any opinion or decision of the court. Either party is entitled to an
appeal to the Supreme Court from the order of the court granting or refusing the application
within 42 days from the making thereof. (Code 1907, §§2419, 2420; Code 1923, §§3153, 3154;
Code 1940, T. 59, §§9, 10.)...
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5-11A-32
Section 5-11A-32 Notice of transfer. (a) Within 30 days after the date of the transfer of the
fiduciary accounts, the transferor shall send written notice by first class mail to the last
known address (as then set forth on the records of the transferor, or if not set forth, as
may be determined by the transferor in the exercise of reasonable diligence) of the following
persons or entities: (1) For employee benefit plans, to the plan sponsors. (2) For individual
retirement accounts and retirement accounts for the self-employed, to the account owners.
(3) For agency and escrow accounts, to the principals. (4) For securities for which a transferor
bank serves as trustee, registrar, transfer agent or paying agent, to the issuers. (5) For
revocable trusts under agreement, to the settlors. (6) For irrevocable trusts under agreement,
to any co-fiduciary, to the settlor, to each current income beneficiary who is an adult, and
if a current income beneficiary is a minor, to a parent of the minor...
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26-5-7
Section 26-5-7 Final settlement generally - When required. On the death, resignation, or removal
of the conservator or on the expiration of his or her authority otherwise or on the arrival
of the ward at full age or on termination of the ward's incapacity or on his or her death
or on the marriage of the ward, if 18 years of age or older or upon the ward becoming 18 years
of age after marriage or after becoming a widow or widower, a final settlement of the conservatorship
must be made, such settlement in the event of the death of the conservator to be made by his
or her personal representative. (Code 1886, §2459; Code 1896, §2344; Code 1907, §4434;
Code 1923, §8207; Code 1940, T. 21, §134; Acts 1951, No. 31, p. 241; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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