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43-2-332
Section 43-2-332 When distributed share kept and worked with undivided portion of estate. When
a share or shares of real or personal property of any decedent is or are set apart
or distributed to any widow, heir at law or distributee of such decedent, and it appears to
the satisfaction of the court that it is to the interest of the parties interested in the
estate that such share or shares should be kept and worked together with such estate remaining
undivided, the probate court, upon the application of the executor or administrator, and of
the owner or owners of such share or shares, may order the executor or administrator to keep
such share or shares, and work the same, together with the estate remaining undivided, for
a term not exceeding 10 years; but such order must not be granted, if in conflict with the
will of the testator. (Code 1867, §2264; Code 1876, §2604; Code 1886, §2212; Code 1896,
§280; Code 1907, §2745; Code 1923, §5984; Code 1940, T. 61, §200.)...
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43-8-1
the parent whose relationship is involved and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. (3) COURT. The court having jurisdiction
in matters relating to the affairs of decedents. This court in Alabama is known as the probate
court. (4) DAYS. That period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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43-2-645
Section 43-2-645 Refunding bonds - Required; terms and conditions. Such order must not in any
case be made, unless the applicant gives a refunding bond, with two sufficient sureties, to
be approved by the judge of probate, payable to the administrator, in double the amount distributed
to the applicant or in double the value of his share of the property directed to be distributed,
to be ascertained by the appraisement or other evidence and entered of record, and conditioned
to refund the amount directed to be paid, or to return the property received on such distribution,
or to pay the value thereof and interest on such amount or value from the time the same was
received, if the assets are insufficient to discharge the debts and charges against the estate.
(Code 1852, §1782; Code 1867, §2109; Code 1876, §2486; Code 1886, §2203; Code 1896, §271;
Code 1907, §2729; Code 1923, §5968; Code 1940, T. 61, §370.)...
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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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16-6D-9
Section 16-6D-9 Tax credit claims; administrative accountability; verification of requirements;
rules and procedures. (a)(1) An individual taxpayer who files a state income tax return and
is not claimed as a dependent of another taxpayer, a taxpayer subject to the corporate income
tax levied by Chapter 18 of Title 40, an Alabama S corporation as defined in Section 40-18-160,
or a Subchapter K entity as defined in Section 40-18-1 may claim a credit for a contribution
made to a scholarship granting organization. If the credit is claimed by an Alabama S corporation
or Subchapter K entity, the credit shall pass through to and may be claimed by any taxpayer
eligible to claim a credit under this subdivision who is a shareholder, partner, or member
thereof, based on the taxpayer's pro rata or distributive share, respectively, of the credit.
(2) The tax credit may be claimed by an individual taxpayer or a married couple filing jointly
in an amount equal to 100 percent of the total...
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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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19-5-6
Section 19-5-6 Division of qualified terminable interest property trust into separate share
trusts to effectuate allocation of grantor's, decedent's, or surviving spouse's GST exemption;
payment of estate taxes. When a grantor or decedent transfers property into a trust for which
an election is made or to be made pursuant to Section 2056(b)(7) or 2523(f) of the Internal
Revenue Code to treat such property as qualified terminable interest property (the "QTIP
trust"), and when a grantor or fiduciary makes an election pursuant to Section 2652(a)(3)
of the Internal Revenue Code to have the grantor or decedent creating such QTIP trust deemed
to be the transferor of a portion, but not all, of such QTIP trust for GST purposes, and when
a grantor or fiduciary makes an allocation pursuant to Section 2631 of the Internal Revenue
Code of any portion of such grantor's or decedent's GST exemption to such portion of the QTIP
trust for which a Section 2652(a)(3) election is made or to be made, or to...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee 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; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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43-2-551
Section 43-2-551 Making succeeding executor or administrator party to settlement. The remaining
or succeeding executor or administrator of the estate of the decedent, if there be one, must
be made a party to such settlement and, if a resident of this state, must have personal
notice of the time of making the same served on him at least 10 days before the day appointed
therefor. (Code 1867, §2166; Code 1876, §2538; Code 1886, §2174; Code 1896, §242; Code
1907, §2693; Code 1923, §5926; Code 1940, T. 61, §321.)...
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19-3A-201
Section 19-3A-201 Determination and distribution of net income. After the decedent's death,
in the case of a decedent's estate, or after an income interest in a trust ends, the following
rules apply: (a) If property is specifically given to a beneficiary by will or by trust, then
the fiduciary of the decedent's estate or of the terminating income interest shall distribute
the net income and net principal receipts to the beneficiary who is to receive the specifically
given property, subject to the following rules: (1) The net income and principal receipts
from the specifically given property are determined by including all of the amounts the fiduciary
receives or pays with respect to the specifically given property, whether such amounts accrued
or became due before, on, or after the date of the decedent's death or the date upon which
an income interest in a trust terminates, and by making a reasonable provision for amounts
that the fiduciary believes the decedent's estate or terminating...
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