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43-2-694
Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse or
distributees. Upon delivering a copy of the judge's order for summary distribution or an affidavit
executed by any person having knowledge of the fact and alleging the concurrence of the conditions
listed in subsection (b) of section 43-2-692 showing the defeasible right therein, together
with a copy of the decedent's will if the claim is under such will, such spouse or distributee
shall be entitled to have the decedent's property or the evidence of the decedent's ownership
in such property transferred to him by any person owing any money to the decedent's estate,
having custody of any personal property of the decedent or acting as a registrar or transfer
agent of any evidence of interest, indebtedness, property or right of the deceased therein.
(Acts 1975, 3rd Ex. Sess., No. 145, ยง5.)...
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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse or,
if none, the surviving child or children or, if none, the surviving parent or parents of an
abandoned property owner who has died intestate may claim the abandoned property under this
section, and will have a defeasible right to the property, if all of the following conditions
exist: (1) The aggregate value of the abandoned property held on behalf of the owner, as established
by rule, must not exceed the amount allowed in Section 43-2-692. (2) The claim need not be
accompanied by an order of a probate court if the claimant files documentation established
in the rules, including, but not limited to, a. a written confirmation by the probate court
that no estate has been opened or filed; b. an affidavit, signed by all beneficiaries, as
applicable, stating that all beneficiaries have amicably agreed among themselves upon a division
of the property; c. supporting documentation showing heir rights;...
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43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance
and beneficiary designations; effect of bona fide purchase by third party or good faith payment
by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally
kills the decedent is not entitled to any benefits under the will or under articles 3 through
10 of this chapter, and the estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or for the benefit of the killer
passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
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45-21-232
Section 45-21-232 Fees; disposition of funds. (a) In Crenshaw County the fee for issuance of
a permit to carry a pistol in a vehicle or concealed on or about the person as provided in
Section 13A-11-75, shall be twenty dollars ($20), which shall be collected by the sheriff.
(b) Six dollars ($6) of each fee collected under subsection (a) shall be paid into the county
treasury and the remaining fourteen dollars ($14) of each fee shall be deposited by the Sheriff
of Crenshaw County in any bank located in Crenshaw County, into a fund known as the Sheriff's
Pistol Permit Fund. The proceeds paid into the fund shall be used only for law enforcement
purposes. (c) The sheriff's fund provided for in subsection (b) shall be drawn upon by the
Sheriff of Crenshaw County or his or her appointed agent and shall be used exclusively for
the purchase of equipment and supplies in the sheriff's office. (d) The establishment of the
sheriff's fund as provided in this section and the use of such funds in no...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have the
following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery,
transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed
in section 43-2-694 shall be discharged and released to the same extent as if made to a personal
representative of the decedent, and he shall not be required to see the application thereof
or to inquire into the truth of any statement in the affidavit if made by any other person.
If any person to whom such affidavit is delivered refuses to pay, deliver, transfer or issue
any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer
or issuance compelled in an action brought for such purpose by or on behalf of the person
entitled thereto under sections 43-2-692 and 43-2-695 upon proof of the defeasible right declared
by such sections. Any person to whom payment, delivery, transfer or issuance is made shall
be answerable and accountable therefor to any personal...
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19-3A-201
Section 19-3A-201 Determination and distribution of net income. After the decedent's death,
in the case of a decedent's estate, or after an income interest in a trust ends, the following
rules apply: (a) If property is specifically given to a beneficiary by will or by trust, then
the fiduciary of the decedent's estate or of the terminating income interest shall distribute
the net income and net principal receipts to the beneficiary who is to receive the specifically
given property, subject to the following rules: (1) The net income and principal receipts
from the specifically given property are determined by including all of the amounts the fiduciary
receives or pays with respect to the specifically given property, whether such amounts accrued
or became due before, on, or after the date of the decedent's death or the date upon which
an income interest in a trust terminates, and by making a reasonable provision for amounts
that the fiduciary believes the decedent's estate or terminating...
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34-13-121
Section 34-13-121 Cremation procedures; authorization; identification of remains; records.
(a) Human remains shall not be cremated under either of the following circumstances: (1) Within
24 hours after the time of death, unless death was a result of an infectious, contagious,
or communicable disease and unless the disease is verified and the time requirement waived
by a medical examiner, county health director, county coroner, or attending physician where
the death occurred. (2) Without a completed cremation authorization form approved by the board
and signed by the authorizing agent and a completed state identification form. A copy of the
cremation authorization shall be presented with the body to the crematory before any cremation
process may be initiated. (b) All cremations of human remains performed in this state shall
be arranged through a funeral establishment licensed by the board pursuant to this chapter.
(c) Whenever a crematory is unable or unauthorized to cremate human...
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43-8-294
Section 43-8-294 Effect of disclaimer. (a) If the property or interest devolved to a disclaimant
under a testamentary instrument or under the laws of intestacy and the deceased owner or donee
of a power of appointment has not provided for another disposition, it devolves as if the
disclaimant had predeceased the decedent or, if the disclaimant was designated to take under
a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased
the donee of the power. Any future interest that takes effect in possession or enjoyment after
the termination of the estate or interest disclaimed takes effect as if the disclaimant had
died before the event determining that the taker of the property or interest had become finally
ascertained and his interest is indefeasibly vested. A disclaimer relates back for all purposes
to the date of death of the decedent, or of the donee of the power, or the determinative event,
as the case may be. (b) If the property or...
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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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