35-4-7
Section 35-4-7 Survivorship between joint tenants. When one joint tenant dies before the severance,
his interest does not survive to the other joint tenants but descends and vests as if his
interest had been severed and ascertained; provided, that in the event it is stated in the
instrument creating such tenancy that such tenancy is with right of survivorship or other
words used therein showing such intention, then, upon the death of one joint tenant, his interest
shall pass to the surviving joint tenant or tenants according to the intent of such instrument.
This shall include those instruments of conveyance in which the grantor conveys to himself
and one or more other persons and in which instruments it clearly appears that the intent
is to create such a survivorship between joint tenants as is herein contemplated. (Code 1852,
§1312; Code 1867, §1582; Code 1876, §2191; Code 1886, §1837; Code 1896, §1033; Code 1907,
§3419; Code 1923, §6924; Code 1940, T. 47, §19; Acts 1945, No....
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43-8-291
Section 43-8-291 Right to disclaim interest in property. (a) A person, or the representative
of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir,
next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to
a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract,
or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument,
or to whom any property or interest therein devolves, by whatever means, may disclaim in whole
or in part the right of succession to any property or interest therein by delivering or filing
a written disclaimer under this article. (b) A surviving joint tenant may disclaim as a separate
interest any property or interest therein devolving to him by right of survivorship. A surviving
joint tenant may disclaim the entire interest in any property or interest therein that is
the subject of a joint tenancy devolving to him,...
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26-1A-201
Section 26-1A-201 Authority that requires specific grant; grant of general authority. (a) An
agent under a power of attorney may do the following on behalf of the principal or with the
principal's property only if the power of attorney expressly grants the agent the authority
and exercise of the authority is not otherwise prohibited by another agreement or instrument
to which the authority or property is subject: (1) create, amend, revoke, or terminate an
inter vivos trust; (2) [reserved]; (3) create or change rights of survivorship; (4) create
or change a beneficiary designation; (5) delegate authority granted under the power of attorney;
(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including
a survivor benefit under a retirement plan; or (7) exercise fiduciary powers that the principal
has authority to delegate. (b) Notwithstanding a grant of authority to do an act described
in subsection (a), unless the power of attorney otherwise expressly...
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26-2A-136
over the estate and business affairs which the person could exercise if present and not under
disability, except the power to make a will. Subject to subsection (c), those powers include,
but are not limited to, power to make gifts; to convey or release contingent and expectant
interests in property, including marital property rights and any right of survivorship incident
to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected
person as trustee, personal representative, custodian for minors, conservator, or donee
of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts
of property of the estate which may extend beyond the disability or life of the protected
person; to exercise options of the protected person to purchase securities or other property;
to exercise rights to elect options and change beneficiaries under insurance and annuity policies
and to surrender the policies for their cash value; to...
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30-4-17
governing instrument to a relative of the divorced individual's former spouse; b. provision
in a governing instrument conferring a general or nongeneral power of appointment on the divorced
individual's former spouse or on a relative of the divorced individual's former spouse; and
c. nomination in a governing instrument, nominating a divorced individual's former spouse
or a relative of the divorced individual's former spouse to serve in any fiduciary or representative
capacity, including a personal representative, executor, trustee, conservator, agent,
or guardian; and (2) severs the interests of the former spouses in property held by them at
the time of the divorce or annulment as joint tenants with the right of survivorship transforming
the interests of the former spouses into equal tenancies in common. (c) A severance under
subdivision (2) of subsection (b) does not affect any third-party interest in property acquired
for value and in good faith reliance on an apparent title by...
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26-1A-301
Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975: If you wish to grant general
authority over all of the subjects enumerated in this section you may SIGN here: ___ (Signature
of Principal) OR If you wish to grant specific authority over less than all subjects enumerated
in this section you must INITIAL by each subject you want to include in the agent's authority:
_____Real Property as defined in Section 26-1A-204 _____Tangible Personal Property
as defined in Section 26-1A-205 _____Stocks and Bonds as defined in Section 26-1A-206 _____Commodities
and Options as defined in Section 26-1A-207 _____Banks and Other Financial Institutions as
defined in Section 26-1A-208 _____Operation of Entity or Business as defined in Section 26-1A-209
_____Insurance and Annuities as defined in Section 26-1A-210 _____Estates, Trusts, and Other
Beneficial Interests as defined in Section 26-1A-211 _____Claims and Litigation as defined
in Section...
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35-8A-103
interest in, over, or under land, including structures, fixtures, and other improvements and
interests which by custom, usage, or law pass with a conveyance of land though not described
in the contract of sale or instrument of conveyance. "Real estate" includes parcels
with or without upper or lower boundaries, and spaces that may be filled with air or water.
(22) RESIDENTIAL PURPOSES. Use for dwelling or recreational purposes, or both. (23) SECURITY
INTEREST. An interest in real estate or personal property created by contract or conveyance,
which secures payment or performance of an obligation. The term includes a lien created by
a mortgage, vendor's lien, deed of trust, contract for deed, land sales contract, lease intended
as security, assignment of lease, rents intended as security, or any similar security device,
pledge of an ownership interest in an association, and any other consensual lien or title
retention contract intended as security for an obligation. (24) SPECIAL...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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13A-8-23
Section 13A-8-23 Tampering with availability of gas, electricity, or water. (a) The following
terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise:
(1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant
by the entirety of the whole or part of any building. (2) PERSON. Includes a corporation,
firm, company, or association. (3) TENANT or OCCUPANT. Shall include any person who occupies
the whole or a part of any building whether alone or with others and shall include the owner.
(4) UTILITY. Any public or private utility authorized to provide electricity, natural gas,
or water or any combination thereof for sale to consumers in any particular service area.
(5) UTILITY SERVICES. The products, commodities, and services provided by a utility to its
customers. (b) It shall be unlawful for a tenant, occupant, or any other person to commit
any of the following acts which could, or in fact does, make gas, electricity, or...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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