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6-10-86
Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set for
hearing thereon. When any homestead or other exemption has been allotted or set apart by the
appraisers or by commissioners, the personal representative, surviving spouse, minor child
or children, or other person in interest feeling aggrieved may, within 30 days after the making
of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon
the court must fix a day for the hearing of the exceptions, of which 10 days' notice must
be given by personal service, if the adverse parties reside in the state or, if they reside
out of the state, by publication in some newspaper published in the county. If the exceptions
are filed by the surviving spouse and minor child or children, or either, such notice must
be served on the personal representative, but if filed by the personal representative or other
person, the notice must be served on the surviving spouse, if there...
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35-10-20
Section 35-10-20 When indebtedness presumed to have been paid. As to third parties without
actual notice or knowledge to the contrary, the indebtedness secured by any recorded mortgage,
or reservation of vendor's lien, either in deed of conveyance or note, bond or contract of
purchase covering real estate 20 years past due according to the original maturity date, or
some new date fixed by a duly recorded extension agreement, shall be conclusively presumed
to have been paid unless the record of such mortgage or lien shows a credit by the mortgagee,
or lienee, or owner of the debt, or his assignee of one or more payments upon such indebtedness
within the 20 years last passed. And if the final maturity date of the debt is not shown by
the mortgage or lien, or a recorded extension agreement, or cannot be determined by calculation
from the recitals contained therein, then the time shall run from the date of the mortgage
or lien. The notation of credits mentioned in the next preceding...
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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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35-11-46
Section 35-11-46 Duties of filing officer. (a) If a notice of a federal lien, a refiling of
a notice of federal lien, or a notice of revocation of any certificate described in subsection
(b) is presented for filing, the filing officer shall cause the notice to be marked, held,
and indexed in accordance with the provisions of Section 7-9A-519 of the Uniform Commercial
Code, as if the notice were a financing statement within the meaning of that Code, and if
the filing officer is the judge of probate, the filing officer also shall cause the notice
to be cross-indexed in the real estate mortgage records under the name of the person against
whose interest the lien applies in the same fashion as if such person were the mortgagor in
a mortgage of real estate and also under the name of the person claiming the lien as if such
person were the mortgagee thereunder. (b) If a certificate of release, nonattachment, discharge,
or subordination of any lien is presented to the filing officer for...
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45-37A-51.08
Section 45-37A-51.08 Retroactive Deferred Retirement Option Plan. (a) A member who retires
at least 90 days following the effective date of this section, who has then completed at least
26 years, but less than 30 years, of credited service, and who is otherwise entitled to retire
and receive a monthly retirement allowance under the supplemental pension system, shall have
the opportunity to elect a Back DROP plan. A member eligible for the Back DROP plan may elect,
in writing at his or her retirement to retroactively drop his or her credited service in excess
of 23 years, for a period of months not exceeding 36 months immediately preceding the date
of retirement, the Back DROP period. A member who is not actively employed may not make a
Back DROP election to be effective, a Back DROP election by a married member shall be approved
in writing by his or her spouse. (b) Notwithstanding subsection (a) and subsection (d) of
Section 45-37A-51.07 in effect as of the date of the member's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-51.08.htm - 4K - Match Info - Similar pages
6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead
of a decedent may be sold by order of the court having jurisdiction of the estate, on petition
of executor or administrator, when the same, after being reduced to its lowest area, exceeds
$6,000 in value and when it is necessary that the same be sold for the payment of debts because
the remainder of the estate is insufficient to pay all debts and claims against the estate
and the surviving spouse or minor children fail to pay the deficiency within 30 days after
notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p.
1558, §1.)...
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31-1-6
Section 31-1-6 Professional licenses and certificates for spouses of active duty military personnel.
(a) This section shall be known and may be cited as the Military Family Jobs Opportunity Act.
(b) Except as provided in subsection (h), and notwithstanding other provisions of law, this
section shall apply to any board, agency, commission, or other entity providing professional
licenses or certificates, or both, for the purpose of employment in the State of Alabama.
On or before January 1, 2019, each board, commission, or agency providing professional licenses
or certificates, or both, shall promulgate rules in conformity with this section for the purpose
of implementing its requirements. The rules shall provide a method of accomplishing both of
the following: (1) The issuance of a license or certificate to an eligible individual if the
requirements for certification or licensure of the original issuing state or governing body
are substantially equivalent to that required in the state,...
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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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27-7-23
Section 27-7-23 Temporary license - Generally. (a) The commissioner may, in his or her discretion,
issue a temporary producer license without requiring an examination or prelicensing course
if the commissioner deems the temporary license is necessary for the servicing of an insurance
business in any of the following cases: (1) To the surviving spouse or court-appointed personal
representative of a licensed producer who dies or becomes mentally or physically disabled
to allow adequate time for the sale of the insurance business owned by the producer or for
the recovery or return of the producer to the business or to provide for the training and
licensing of new personnel to operate the producer's business. (2) To a member or employee
of a business entity which is licensed as a producer, upon the death or disability of the
individual designated in the business entity application or the license. (3) To the designee
of a licensed producer entering active service in the Armed Forces of the...
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19-3B-505
Section 19-3B-505 Creditor's claim against settlor. (a) Whether or not the terms of a trust
contain a spendthrift provision, the following rules apply: (1) During the lifetime of the
settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor's benefit. If a trust has
more than one settlor, then the amount the creditor or assignee of a particular settlor may
reach may not exceed the settlor's interest in the portion of the trust attributable to that
settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right
to direct the source from which liabilities will be paid, the property of a trust that was
revocable immediately prior to the settlor's death is subject to claims of the settlor's creditors,
costs of administration of the settlor's estate, the expenses of the...
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