6-11-4
Section 6-11-4 Requirements when judgment structured; termination. Where a judgment is structured
pursuant to Section 6-11-3 above, the following shall apply: (1) Should the judgment creditor
die before the final installment is paid, the remaining payments shall be made to the estate
of the decedent, or as otherwise directed by the court having jurisdiction over the estate.
(2) Where an installment payment is more than 15 days late, there shall be added to the amount
due for that installment interest from the date payment was due at the rate of 20 percent
per annum, compounded daily, and attorney's fee if necessary to collect the amount due. (3)
Upon motion of the judgment creditor, or his estate in the event of this death, the structure
may be terminated and all unpaid installments declared immediately due if the court finds
that the judgment debtor has exhibited a continuing pattern of failing to pay installments
when due or that there is a reasonable likelihood that future payments...
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19-3A-401
Section 19-3A-401 Character of receipts. (a) For purposes of this section, "entity"
means a corporation, partnership, limited liability company, regulated investment company,
real estate investment trust, common trust fund, or any other organization in which a fiduciary
has an interest other than (1) a trust or decedent's estate to which Section 19-3A-402 applies,
(2) a business or activity to which Section 19-3A-403 applies, or (3) an asset-backed security
to which Section 19-3A-415 applies. (b) Except as otherwise provided in this section, a fiduciary
shall allocate to income money received from an entity. (c) A fiduciary shall allocate the
following receipts from an entity to principal: (1) Property other than money except in cases
when the fiduciary has the choice to receive dividends or similar payments either in cash
or in the shares or similar ownership interests of the corporation or other business entity,
in which case, the fiduciary shall allocate the receipts to income; (2)...
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35-6-51
Section 35-6-51 Effect of partition on liens. When there is a lien on an undivided interest
of any of the parties, such lien, if a partition is made, is thenceforth a charge only on
the share assigned to such party; but such share must first be charged with its just proportion
of the costs of the partition, in preference to such lien. (Code 1852, §2686; Code 1867,
§3114; Code 1876, §3508; Code 1886, §3247; Code 1896, §3172; Code 1907, §5215; Code 1923,
§9315; Code 1940, T. 47, §204.)...
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43-2-171
Section 43-2-171 Time delay for committing administration of estate. The administration of
an estate must not be committed to the general administrator or to the sheriff, except as
special administrator, until the death of the decedent has been known 40 days, nor until one
month after the death, resignation or removal of an executor or administrator previously appointed.
(Code 1852, §1682; Code 1867, §2002; Code 1876, §2364; Code 1886, §2030; Code 1896, §73;
Code 1907, §2539; Code 1923, §5761; Code 1940, T. 61, §138.)...
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43-2-274
Section 43-2-274 Appointment of administrator after final settlement. After a final settlement,
there being personally not administered which requires an administrator for the proper disposition
thereof, the judge of probate of the proper county must proceed to appoint a suitable person
as administrator who shall give bond as required by law and administer the personal
estate of the decedent not already administered. (Code 1940, T. 61, §177.)...
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43-2-333
Section 43-2-333 Payment of profits to share owners. The executor or administrator must pay,
at the end of each year, to the owner or owners of such share or shares a proportionate share
of the profits arising from such estate, and is entitled to a credit for same; but if it shall
appear, on a settlement of his accounts, that he has not paid the same, a decree therefor
in favor of the owner or owners must be rendered by the probate court. (Code 1867, §2265;
Code 1876, §2605; Code 1886, §2213; Code 1896, §281; Code 1907, §2746; Code 1923, §5985;
Code 1940, T. 61, §201.)...
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43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent
is solvent, the executor or administrator, out of the assets in his hands, may defray the
necessary and reasonable expenses of maintaining and educating minors who are entitled to
distribution therein, and who have no legal guardian; and, upon any partial or final settlement
by him, the probate court must allow him credit for such expenses. To the extent the expenses
are not within the family allowance, the expenses shall be charged against the shares of such
minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator
defraying such expenses must file with his account for a settlement a separate account of
the amounts paid therefor on account of each of such minors accompanied by proper vouchers,
showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159,
2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
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11-48-102
Section 11-48-102 Division of assessment among tenants in common and acceptance of payment
of and discharge of lien upon proportionate shares of assessment. The governing body of any
municipality may divide such assessment proportionately among the tenants in common and allow
any tenant in common to pay and discharge his proportionate share of such assessment, and
the lien on his undivided interest shall be discharged upon payment in full, and this may
be done before appeal, pending appeal or after final disposition, etc., and also after division,
and the governing body of such municipality may adjust the cost of the proceedings with the
petitioner and the action may proceed against the other tenants in common. (Acts 1919, No.
61, p. 65; Code 1923, §2246; Code 1940, T. 37, §576.)...
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35-4-232
Section 35-4-232 Conveyance of greater estate by tenant for life or years passes his estate.
A conveyance made by a tenant for life or years, purporting to convey a greater interest than
he possesses or can lawfully convey, does not work a forfeiture of his estate but passes to
the grantee all the estate which the tenant could lawfully convey. (Code 1852, §1317; Code
1867, §1587; Code 1876, §2196; Code 1886, §1842; Code 1896, §1036; Code 1907, §3405;
Code 1923, §6909; Code 1940, T. 47, §143.)...
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40-15B-4
Section 40-15B-4 Statutory apportionment of estate taxes. To the extent that apportionment
of an estate tax is not controlled by an instrument described in Section 40-15B-3 and except
as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply: (1) Subject
to paragraphs (2), (3), and (4), the estate tax is apportioned ratably to each person that
has an interest in the apportionable estate. (2) A generation-skipping transfer tax incurred
on a direct skip taking effect at death is charged to the person to whom the interest in property
is transferred. (3) If property is included in the decedent's gross estate because of Section
2044 of the Internal Revenue Code of 1986 or any similar estate tax provision, the difference
between the total estate tax for which the decedent's estate is liable and the amount of estate
tax for which the decedent's estate would have been liable if the property had not been included
in the decedent's gross estate is apportioned ratably...
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