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43-2-751
Section 43-2-751 Action by creditor to recover dividend. (a) Any creditor of an insolvent estate,
whose claim is not barred, may bring a civil action against any person who has received any
dividend of such estate and may recover from him such an amount of the dividend he has received
as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts
of the estate distributed, including the claim of the plaintiff. (b) But, in such action,
the defendant may reduce the recovery, by showing that such dividend has been reduced by the
recovery or payment of the claims of other creditors of such estate in the like proportion.
(c) In such action, the plaintiff must pay the costs, unless he proves that he has exhibited
his claim and demanded of the defendant his proportion of the dividend received by him before
the commencement of the action. (Code 1852, §§1864-1866; Code 1867, §§2213-2215; Code
1876, §§2585-2587; Code 1886, §§2255-2257; Code 1896, §§323-325;...
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6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action in a court
of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such
damages as the jury may assess for injuries or damages to the property of the decedent resulting
from the same wrongful act, omission, or negligence which caused the death of the decedent,
provided the decedent could have commenced such action if the wrongful act, omission, or negligence
causing the property damage had not also caused his death. (b) Such action may be commenced
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence; and it shall not abate by the death of the defendant, but may
be revived against his personal representative. (c) The damages recovered are not subject
to the payment of the debts or liabilities of the decedent, but...
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7-8-105
Section 7-8-105 Notice of adverse claim. (a) A person has notice of an adverse claim if: (1)
the person knows of the adverse claim; (2) the person is aware of facts sufficient to indicate
that there is a significant probability that the adverse claim exists and deliberately avoids
information that would establish the existence of the adverse claim; or (3) the person has
a duty, imposed by statute or regulation, to investigate whether an adverse claim exists,
and the investigation so required would establish the existence of the adverse claim. (b)
Having knowledge that a financial asset or interest therein is or has been transferred by
a representative imposes no duty of inquiry into the rightfulness of a transaction and is
not notice of an adverse claim. However, a person who knows that a representative has transferred
a financial asset or interest therein in a transaction that is, or whose proceeds are being
used, for the individual benefit of the representative or otherwise in breach...
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27-14-29
Section 27-14-29 Rights of beneficiaries, etc., under life insurance policies against creditors,
etc. (a) If a policy of insurance, whether heretofore or hereafter issued, is effected by
any person on his own life or on another life in favor of a person other than himself or,
except in cases of transfer with intent to defraud creditors, if a policy of life insurance
is assigned or in any way made payable to any such person, the lawful beneficiary, or assignee
thereof, other than the insured or the person so effecting such insurance or his executors
or administrators, shall be entitled to its proceeds and avails against the creditors, personal
representatives, trustees in bankruptcy, and receivers in state and federal courts of the
person insured and of the person effecting the insurance, whether or not the right to change
the beneficiary is reserved or permitted and whether or not the policy is made payable to
the person whose life is insured, if the beneficiary or assignee shall...
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35-11-371
Section 35-11-371 Perfection of lien. (a) For the purposes of this section, the following terms
shall have the following meanings: (1) HEALTH CARE PAYOR. A health care insurer, health maintenance
organization, or health care service plan organized under Article 6, Chapter 20, Title 10A,
authorized to provide health care coverage in the state. (2) SATISFY THE CLAIM. Receipt by
the hospital of either of the following: a. Full payment for services as billed. b. If the
hospital has a contract with the injured person's health care payor, payment together with
all credits, discounts, and contractual adjustments that the patient's bill would be entitled
under the contract, including recoupments, between the hospital and the patient's health care
payor which extinguish the patient's obligation for the services rendered. (b) Unless specifically
contrary to any contractual agreement between the hospital and the injured person's health
care payor or unless contrary to any statute or governmental...
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40-15-4
Section 40-15-4 Time of payment and filing return; extension of time. The tax imposed by this
chapter shall be paid and the return required by Section 40-15-3 shall be filed on or before
nine months after the decedent's death and shall be paid by the personal representative to
the Department of Revenue; provided, that where the Department of Revenue finds that the payment
on the due date of any part of the amount due would impose undue hardship upon the estate,
the Department of Revenue may extend the time for payment of all or any part, not to exceed
10 years from the original due date. In such case the amount or amounts in respect of which
the extension is granted shall be paid on or before the dates thus fixed, unless further extended
within said limitation as to time. If the time for payment is extended, there shall be collected,
in addition to the tax, interest thereon at the legal rate from the original due date of the
tax to the date of payment. The Department of Revenue may, in...
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41-9-65
Section 41-9-65 Limitation periods for presentation of claims. (a) Unless otherwise provided
in this section, all claims must be presented to the Board of Adjustment within one year after
the cause of action accrues. (b) Claims for injury to the person resulting in death must be
presented to the Board of Adjustment within two years after the cause of action accrues, unless
the same is first carried into the courts of the state, in which event the statute of limitations
shall not begin to run until the date on which a final judgment in the same, holding the claimant
not entitled to relief through the courts of the state, is entered. (c) In the matter of escheats
to the State of Alabama, any such claim must be filed with the Board of Adjustment within
10 years from the time of the escheat to the State of Alabama; except, that the claims of
minors may be considered by the Board of Adjustment if the claims are filed within three years
after the minor has reached the age of 19 years. (d)...
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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except as
restricted or otherwise provided by the will or by an order of court and subject to the priorities
stated in Section 43-8-76, a personal representative, acting prudently for the benefit of
the interested persons, may properly: (1) Retain assets owned by the decedent pending distribution
or liquidation including those in which the representative is personally interested or which
are otherwise improper for trust investment. (2) Receive assets from fiduciaries, or other
sources. (3) Perform, compromise, or refuse performance of the decedent's contracts that continue
as obligations of the estate, as the personal representative may determine under the circumstances.
In performing enforceable contracts by the decedent to convey or lease land, the personal
representative, among other possible courses of action, may do either of the following: a.
Execute and deliver a deed of conveyance for cash...
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34-24-533
Section 34-24-533 Organization and operation of the interstate commission. (a) The interstate
commission, by a majority of commissioners present and voting, shall adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out the purposes of the compact within
12 months of the first interstate commission meeting. (b) The interstate commission shall
elect or appoint annually from among its commissioners a chairperson, a vice chairperson,
and a treasurer, each of whom shall have such authority and duties as may be specified in
the bylaws. The chairperson, or in the chairperson's absence or disability, the vice chairperson,
shall preside at all meetings of the interstate commission. (c) Officers selected in subsection
(b) shall serve without remuneration from the interstate commission. (d) The officers and
employees of the interstate commission shall be immune from suit and liability, either personally
or in their official capacity, for a claim for damage to or loss of...
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43-2-352
Section 43-2-352 Verification of claims. The presentation must be made by filing a verified
claim, or a verified statement thereof, in the office of the judge of probate in which letters
are granted, and the same must be docketed with a note of the date of such presentation; and,
if required, a statement must be given by such judge, showing the date of presentation. Every
such claim or statement thereof so presented must be verified by the oath of the claimant
or some person having knowledge of the correctness thereof, and that the amount claimed is
justly due, or to become due, after allowing all proper credits. Any defect or insufficiency
in the affidavit may be supplied by amendment at any time. All claims not presented within
six months from the granting of letters testamentary or letters of administration shall be
forever barred, and the payment or allowance thereof is prohibited. But this section shall
not apply to claims of executors or administrators to compensation for their...
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