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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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45-23-141.03
Section 45-23-141.03 Fee - Exemptions. Any person age 65 or over exempted from paying property
tax in Dale County, in partial or in whole, shall also be exempted from paying the fee levied
by this part. Any person less than the age of 65 and having an annual adjusted gross income
of twelve thousand dollars ($12,000) or less, as shown on the person's and spouse's latest
United States income tax return, may apply for an exemption annually and shall be exempted
from paying the fee levied by this part for the principle residence of the household, provided
the person seeking to claim the exemption shall present proof of income to the county administrator
no later than July 1 of any year in which the exemption is desired. In the event that such
person and spouse are not required to file a United States income tax return, then an affidavit
indicating that the annual gross income of such person and spouse for the preceding taxable
year was twelve thousand dollars ($12,000) or less shall be...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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34-27-6
Section 34-27-6 Real estate courses and schools. (a) For purposes of this section and rules
adopted pursuant thereto, the following terms shall have the following meanings: (1) ADMINISTRATOR.
A person designated by a principal school or branch school and approved by the commission
to be the person responsible to the commission for all acts governed by this chapter and applicable
rules which govern the operation of schools. (2) APPROVED COURSE. Any course of instruction
approved by the commission that satisfies commission requirements for prelicense education,
postlicense education, or continuing education. (3) APPROVED SCHOOL. Any proprietary educational
institution offering only commission approved continuing education courses and any accredited
college or university that offers any commission approved course. (4) BRANCH SCHOOL. Any school
under the ownership of a principal school which offers commission approved courses at a permanent
location. (5) INSTRUCTIONAL SITE. Any physical...
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34-34A-14
Section 34-34A-14 License denial, revocation, etc.; hearing procedures, reinstatement. (a)
The board may deny a license, refuse to renew a license, suspend a license, or revoke a license,
or it may reprimand, censure, or otherwise discipline a person practicing dietetics/nutrition
or offering to practice dietetics/nutrition in accordance with the provisions of this section
upon decision and after due hearing in any one of the following cases: (1) Upon proof that
such person has willfully or repeatedly violated any of the provisions of this chapter or
the rules enacted in accordance therewith; or willfully or repeatedly acted in a manner inconsistent
with the health, welfare, and safety of the public, (2) Upon proof that such person's conduct
is immoral, unprofessional, or dishonorable, (3) Upon proof that such person is guilty of
fraud or deceit in the practice of dietetics/nutrition or in his/her admission to such practice,
or (4) Upon proof that such person has been convicted in a...
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43-2-22
Section 43-2-22 Disqualification of certain persons to serve as executor or administrator.
(a) No person must be deemed a fit person to serve as executor who is under the age of 19
years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence
or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any
nonresident of the state be appointed as administrator unless he is at the time executor or
administrator of the same estate in some other state or territory or jurisdiction, duly qualified
under the laws of that jurisdiction. (b) If the person named in the will as sole executor
is or if all the persons named therein as executors are, from any of the causes enumerated
in subsection (a), unfit to serve as executor or executors, letters of administration, with
the will annexed, may be granted on the testator's estate, under the provisions of section
43-2-27. (Code 1852, §§1658, 1659; Code 1867, §§1976, 1977; Code 1876,...
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43-2-290
Section 43-2-290 Causes of removal generally. An administrator may be removed, and his letters
revoked for his removal from the state; and an administrator or executor may be removed and
his letters revoked for any of the following causes: (1) Imbecility of mind; intemperance;
continued sickness, rendering him incapable of the discharge of his duties; or when from his
conduct or character there is reason to believe that he is not a suitable person to have the
charge and control of the estate. (2) Failure to make and return inventories or accounts of
sale; failure to make settlements as required by law; or the failure to do any act as such
executor or administrator, when lawfully required by the judge of probate. (3) The wasting,
embezzlement or any other maladministration of the estate. (4) The using of any of the funds
of the estate for his own benefit. (5) A sentence of imprisonment in the penitentiary, county
jail or for hard labor for the county for a term of 12 months or more....
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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43-2-62
Section 43-2-62 Penalty for failure to give notice. It is the duty of the judge of probate
to see that such publication is duly made; and any executor or administrator failing to make
the same must not be allowed any compensation as such; and he and his sureties are liable,
on proof that such notice has not been given, to any creditor for the amount which he would
have been entitled to out of the assets of the estate had his claim been duly presented. (Code
1852, §1736; Code 1867, §2059; Code 1876, §2428; Code 1886, §2077; Code 1896, §124; Code
1907, §2588; Code 1923, §5813; Code 1940, T. 61, §95.)...
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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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