Code of Alabama

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43-8-41
Section 43-8-41 Share of the spouse. The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the
first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there
are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00
in value, plus one-half of the balance of the intestate estate; (4) If there are surviving
issue one or more of whom are not issue of the surviving spouse, one-half of the intestate
estate; (5) If the estate is located in two or more states, the share shall not exceed in
the aggregate the allowable amounts under this chapter. (Acts 1982, No. 82-399, §2-102.)...

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12-17-142
Section 12-17-142 Term of office; compensation; surviving spouse benefits; applicability. (a)
Every supernumerary official shall serve for life and shall receive an annual salary in an
amount equal to 75 percent of the state salary payable to a circuit clerk on the date a circuit
clerk or register becomes a supernumerary official, payable in equal installments on a twice
per month basis. (b) In the event of the death of any supernumerary official, circuit clerk
or register who, at the time of his or her death, was serving as or was otherwise eligible
to serve as a supernumerary official, his or her spouse shall receive benefits from the Clerks'
and Registers' Supernumerary Fund in the State Treasury in an amount equivalent to three percent
of the salary payable from the State Treasury, as prescribed by law for the position of circuit
clerk, for each year of service not to exceed 30 percent of the salary, payable monthly for
the remainder of the spouse's life or until he or she...
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43-2-695
Section 43-2-695 Limitation on defeasible rights of surviving spouse or distributees. The defeasible
right of the surviving spouse or distributees provided for by this division shall be subject
only to any preexisting rights to administer the estate or probate the will, or to the superior
rights of any other person to such personal property. (Acts 1975, 3rd Ex. Sess., No. 145,
§6.)...
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45-37-123.106
Section 45-37-123.106 Minimum distribution requirements. (a) General rules. (1) EFFECTIVE DATE.
Except as otherwise provided herein, the provisions of this section shall apply for purposes
of determining required minimum distributions for calendar years beginning on and after January
1, 1987. (2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED. All distributions required
under this section shall be determined and made in accordance with § 401(a)(9), Internal
Revenue Code, including the incidental death benefit requirement in § 401(a)(9)(G), and the
regulations thereunder. (3) PRECEDENCE. Subject to the joint and survivor annuity requirements
of the plan, the requirements of this section shall take precedence over any inconsistent
provisions of the plan. (b) Time and manner of distribution. (1) REQUIRED BEGINNING DATE.
The member's entire interest shall be distributed, or begin to be distributed, to the member
no later than the member's required beginning date. (2) DEATH OF MEMBER...
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30-4-36
Section 30-4-36 Disposal of interest in real estate by spouse of insane person - Effect of
judgment. Upon the entering of the judgment authorizing a married person whose spouse is insane
to sell, convey, mortgage or otherwise dispose of real estate as if single, such married person
shall have the right to sell, convey, mortgage or otherwise dispose of any or all interests
in real estate as if single for a period specified in said judgment. (Acts 1933, Ex. Sess.
No. 151, p. 141; Acts 1935, No. 394, p. 865; Code 1940, T. 34, §87.)...
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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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43-2-694
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, §5.)...
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43-8-112
Section 43-8-112 Family allowance. In addition to the right to homestead allowance and exempt
property, if the decedent was domiciled in this state, the surviving spouse and minor children
whom the decedent was obligated to support and children who were in fact being supported by
him are entitled to a reasonable allowance in money out of the estate for their maintenance
during the period of administration, which allowance may not continue for longer than one
year if the estate is inadequate to discharge allowed claims. The allowance may be paid as
a lump sum or in periodic installments. It is payable to the surviving spouse, if living,
for the use of the surviving spouse and minor and dependent children; otherwise to the children,
or persons having their care and custody; but in case any minor child or dependent child is
not living with the surviving spouse, the allowance may be made partially to the child or
his guardian or other person having his care and custody, and partially to...
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43-8-90
Section 43-8-90 Omitted spouse. (a) If a testator fails to provide by will for his surviving
spouse who married the testator after the execution of the will, the omitted spouse shall
receive the same share of the estate he would have received if the decedent left no will unless
it appears from the will that the omission was intentional or the testator provided for the
spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary
provision be reasonably proven. (b) In satisfying a share provided by this section, the devises
made by the will abate as provided in section 43-8-76. (Acts 1982, No. 82-399, §2-301.)...

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30-4-32
Section 30-4-32 Disposal of interest in real estate by spouse of insane person - Power of circuit
court to authorize. The circuit court may authorize a married person whose spouse is insane
to sell, convey, mortgage or otherwise dispose of any interest owned in real estate as if
such married person were single. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts 1935, No. 394,
p. 865; Code 1940, T. 34, §83.)...
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