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19-5-1
Section 19-5-1 Definitions. For purposes of this chapter unless the context otherwise requires,
the following terms mean: (1) FIDUCIARY. Includes a personal representative or trustee. (2)
PERSONAL REPRESENTATIVE. An executor, administrator, special administrator, or a person who
performs substantially the same function under the law governing the person's status, and
a successor to any of the above. (3) TRUST. Any express trust, with additions thereto, wherever
and however created, or any separate share of a trust, and includes any arrangement, other
than an estate, which, although not a trust, has substantially the same effect as a trust.
(4) TRUSTEE. An original, additional, or successor trustee, whether or not appointed or confirmed
by a court, and, in the case of an arrangement which is not a trust but which is treated as
a trust for purposes of the GST, includes the person in actual or constructive possession
of the property subject to such arrangement. (5) INTERNAL REVENUE CODE....
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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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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
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11-32-2
Section 11-32-2 Definitions. As used in this chapter, the following words and phrases shall
mean the following unless the context clearly indicates otherwise: (1) AD VALOREM TAX. Those
real and personal property ad valorem taxes collected by the county tax collector, the director
of revenue of the county, or revenue commissioner, if any, for the county, but shall exclude
all ad valorem taxes collected for the State of Alabama and all boards of education, municipalities,
fire districts, or other entities located in the county. (2) APPLICANT. A natural person who
files a written application with the governing body of any county to which this chapter applies
and with a municipality in the county, all in accordance with Section 11-32-3. (3) AUTHORITY.
The public corporation organized pursuant to this chapter, which shall be an agency of the
state but shall not be a political subdivision of the state. (4) AUTHORIZING COUNTY. Any county
the governing body of which shall have adopted an...
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11-51-51
Section 11-51-51 Preparation, contents, and effect of receipt of tax collector. Upon collection
of taxes by the tax collector, he shall embrace in his receipt, required to be given as provided
by law in regard to state and county taxes, a statement of the amount of municipal taxes,
if any, paid on real estate, and municipal taxes, if any, paid on personal property and, if
any interest has accrued, a statement of the amount thereof paid. Such receipt shall also
show the tax year for which the municipal tax is paid and the municipality for which the tax
is paid, and such receipt shall be prima facie evidence that such taxpayer has paid his municipal
taxes for the year stated on real and personal property and other subjects of taxation. (Acts
1931, No. 300, p. 337; Acts 1939, No. 57, p. 67; Code 1940, T. 37, §708.)...
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40-10-120
Section 40-10-120 When and by whom land may be redeemed. (a) Real estate which hereafter may
be sold for taxes and purchased by the state may be redeemed at any time before the title
passes out of the state or, if purchased by any other purchaser, may be redeemed at any time
within three years from the date of the sale by the owner, his or her heirs, or personal representatives,
or by any mortgagee or purchaser of such lands, or any part thereof, or by any person having
an interest therein, or in any part thereof, legal or equitable, in severalty or as tenant
in common, including a judgment creditor or other creditor having a lien thereon, or on any
part thereof; and an infant or insane person entitled to redeem at any time before the expiration
of three years from the sale may redeem at any time within one year after the removal of the
disability; and such redemption may be of any part of the lands so sold, which includes the
whole of the interest of the redemptioner. If the mortgage...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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31-2-80
Section 31-2-80 Exemption from ad valorem taxes of property owned or leased by units of armed
forces. All property, both real and personal, belonging to a unit of the armed forces of the
state, officially recognized as such by the federal government, shall be exempt from ad valorem
taxes, state, county, and municipal. This exemption shall apply to real property when leased
to any unit of the Alabama National Guard, provided the agreement or contract of lease is
approved in writing by the Adjutant General, while the same is under the custody and control
of the National Guard unit, and said exemption shall not be vitiated should the National Guard
organization sublease a part of the premises when the rental derived from such lease is used
entirely and solely for the benefit of the National Guard organization, and when such sublease
or permissive use shall be subject to immediate termination by the National Guard unit at
the discretion of the Governor. (Acts 1936, Ex. Sess., No. 143, p....
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40-5-38
Section 40-5-38 Death of collector. On the death of any tax collector, his personal representative,
general or special, must, out of the first moneys that come into his hands belonging to the
estate of his decedent and as soon as the same come into his hands, pay to the proper state,
county, and school officers the amount of public funds collected by such decedent not paid
over by him at the time of his death and must make settlement with such officers of any unsettled
accounts of such decedent with the state, county, and school officers touching the affairs
of his office, as soon as practicable and not later than the time when the tax collectors
are required to make settlements. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §227.)...
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40-5-46
Section 40-5-46 Lien of tax collector. When any tax collector fails to collect any taxes and
the same are charged against him on settlement with the state or county, the collector shall
be subrogated to the lien of the state and shall have a lien upon the real and personal property
of the person, firm, or corporation against whom such taxes were assessed, if same were properly
assessed against such person, firm, or corporation, for repayment to him of such money, which
lien may be enforced in favor of such tax collector in the same manner that the liens for
taxes in favor of the state and county may be enforced, at any time within 12 months after
same are charged against such tax collector. The owner, his heirs, or personal representatives,
or any person having an interest therein or in any part thereof, legal or equitable, in severalty
or as tenant in common, including a judgment creditor, mortgagee, or other creditor having
a lien thereon, or on any part thereof, shall have the same...
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