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6-10-67
Section 6-10-67 Right to use of property before such set apart and to commence or defend actions
thereon. Before grant of administration and before the exempt property is set apart, the right
of the surviving spouse and minor child or children, or either, to the use and benefit of
such property shall be the same as if it had been set apart as exempt; and actions respecting
the same may be commenced or defended by the surviving spouse or, if there is no surviving
spouse, by the minor child, or children, as fully and to the same extent as if such property
had been set apart as exempt from administration. (Code 1886, §2564; Code 1896, §2076; Code
1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)...
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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit 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...
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36-17-6
Section 36-17-6 Settlement of accounts and delivery of books, etc., on removal or resignation.
If the Treasurer resigns or is removed, he must immediately after such resignation or removal
deliver the books, papers and money belonging to the treasury to his successor, taking a receipt
therefor, and must, within 10 days after resignation or removal, state his account, and the
Department of Finance must record and file in his office a statement of such settlement and
receipt and report the same to the next session of the Legislature. (Code 1852, §67; Code
1867, §101; Code 1876, §102; Code 1886, §115; Code 1896, §2014; Code 1907, §620; Code
1923, §830; Code 1940, T. 55, §212.)...
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43-6-8
Section 43-6-8 Action by state to recover personal property distributed without authority.
The state may enforce its right to any personal property to which it is entitled under the
provisions of this chapter by action against any person into whose possession the same may
come; and, if any personal representative pays any money or delivers any property to which
the state is, under the provisions of this chapter, entitled, to any person not authorized
to receive the same, such personal representative and his sureties are liable to the state
for the amount of such money or value of such property and interest thereon from the time
of such payment or delivery. (Code 1852, §2072; Code 1867, §2464; Code 1876, §2858; Code
1886, §1943; Code 1896, §1759; Code 1907, §3925; Code 1923, §7621; Code 1940, T. 16, §32.)...
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26-13-8
Section 26-13-8 Recordation of foreign judgments relieving minors of disabilities of nonage
and effect thereof. A copy of a judgment entered by a court of competent jurisdiction of another
state of the United States, duly certified according to the acts of Congress of the United
States, relieving a minor nonresident of this state of the disabilities of nonage may be recorded
in the probate office of any county in this state where such minor owns property, and when
so recorded the judgment shall have the same force and effect throughout this state as in
the state where entered. (Acts 1909, No. 74, p. 228; Code 1923, §8287; Code 1940, T. 27,
§20.)...
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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
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31-2-34
Section 31-2-34 Proceedings when member of armed forces unable to account for property or money.
Whenever it is ascertained by the Adjutant General of the state or the United States property
and fiscal officer or the state property and disbursing officer of the National Guard of Alabama,
that any member of the armed forces of the state is unable properly to account for all property
and money for which he is accountable and responsible he shall give immediate notice thereof
to the Attorney General of the state for action against such person and his bondsman, if applicable,
and the Attorney General is hereby authorized and required to bring such action. (Acts 1936,
Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §34; Acts 1973, No. 1038, p. 1572, §35.)...
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43-6-6
Section 43-6-6 Decree against personal representative for failure to pay over proceeds. The
judge of probate may render decrees against such personal representative, in the name of the
state, for the money or proceeds of the property, under the provisions of this chapter, and
enforce the same as other decrees by the judge of probate against executors or administrators
are enforced. (Code 1852, §2069; Code 1867, §2461; Code 1876, §2856; Code 1886, §1941;
Code 1896, §1757; Code 1907, §3923; Code 1923, §7619; Code 1940, T. 16, §30.)...
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6-10-84
Section 6-10-84 Proceedings on failure of appraisers to set apart exemptions or to appraise
homestead. If, for more than 20 days after the grant of administration, the appraisers should
fail to set apart the personal property exempt in favor of the surviving spouse and minor
child or children, or either, or to appraise the homestead or to make the report in reference
to the homestead required in Section 6-10-82, then, upon the written application of the surviving
spouse or of the guardian of the minor child or children, the probate court shall appoint
three commissioners who shall, as soon as practicable thereafter not exceeding 30 days, set
apart the personal property exempt and appraise the homestead in the manner required of the
appraisers; and, if practicable, they shall also allot and set off the homestead exemption
in the manner provided in Section 6-10-83. Within 10 days thereafter they shall report to
the court in writing the personal property set apart, with the value of each...
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6-6-740
Section 6-6-740 Judgment for failure to pay over money collected or deliver personal property
recovered in capacity as attorney. (a) Judgment may, in like manner, be summarily entered
against any attorney-at-law in this state who fails to pay over money collected by him or
deliver personal property recovered by him in that capacity, whether by an action or otherwise,
on demand made by the person entitled thereto, his agent or attorney for the amount collected
or the value of the property recovered, less the amount due the attorney for fees or compensation
for services, interest thereon, and damages at the rate of five percent a month, after such
demand, on the aggregate amount, in the circuit court of the county in which such attorney
resides or, if he has no known place of residence in this state, in the circuit court of any
county, on three days' personal notice; but such attorney may, if a doubt exists as to the
right of the person making the demand or if there is a dispute as to...
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